The lawsuit relates to an event that happened on 11/10/10 between me and plaintiff. I accidentally hit plaintiff in the right side rear end of his vehicle because I didn't realize he wasn't moving until I got close on him and we were at a green light and I tried to avoid the impact of his vehicle. The problem is the vehicle I was driving I was not covered by owners insurance so hes sueing me for negligence and wantonness. Owner didn't know I had his vehicle so hes being sued along w state farm. His lawyer had it moved to federal court. I don't have a lawyer and a default was entered by the clerk but was set aside by judge. He's claiming back injury and didn't seem hurt the day of accident & no ambulance was called but he went to the e.r. the same day & was discharged.will I be sued?
You need to speak with a lawyer. Contact your local bar association which will likely be able to refer you to a lawyer who will charge little or nothing for a consultation.
Alabama law does not permit the issuance of a traffic citation ("traffic ticket") at the scene of an accident, unless the arresting officer actually saw the accident take place. See, Alabama Rules of Criminal Procedure, Rule 4.1. [Exception: There is one narrow exception to that rule and that is "arrest at the scene of an accident" under Code of Alabama, 1975, section 32-5-171 for the offense of DUI.] Therefore, the fact that a citation was not issued has absolutely no bearing whatsoever in a later civil suit filed by the other driver.
According to your statement you "accidently hit plaintiff" - therefore, you are admitting liability in this event and the only remaining question is that of damages. Apparently, you have already been sued as a default judgment was entered, but subsequently set aside. You absolutely need an attorney to assist you in this matter and you need to do this as soon as possible.
Unfortunately, you can be sued even if no citations were issued. Typically, negligence is the cause of action in matters such as this. So, you can be sued for negligence (probably). If a citation would have been issued, it may give rise to additional causes of actions (i.e. negligence per se, etc.).
As noted in the other answers, you may be sued for the accident based on negligence regardless of owner's insurance. However, if you have insurance on a car that you own, then that policy may provide coverage. Thus, if you do have other automobile insurance, then you should contact your insurance company and request coverage. If not, you may still be liable for negligence with all damages coming out of your own pocket.
