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After a car accident, the first person you contact should be your doctor or a medical facility. It’s essential you get treated for any injuries you may have suffered in the accident. Your next call should be to a good personal injury attorney in your area.
If you don’t know one, check Google for an
auto injury lawyer near me and start your search there. You must follow this sequence because of Alabama’s accident insurance and negligence laws. You need someone who understands the laws and can walk you through the steps to help you with your claim.
What Is At-Fault Insurance?
In Alabama, the driver who is responsible, or “at fault,” for causing the accident pays for the other driver’s injuries and property damage. After an accident, drivers file their claims with the other driver’s insurance company. The companies investigate the claims and determine liability based on the documentation provided.
Liability and compensation are determined based on what each driver presents to the insurer, including:
- Medical documentation, doctors’ reports, invoices for surgery, rehabilitation records, and so on.
- Accident evidence such as police reports, photos of the damage, adjusters’ reports, video evidence, etc.
- Witness statements, including police narratives of the scene.
The insurance company determines who is at fault in the accident based on the information the drivers provide. The more complete your insurance documentation, the better your chances are of proving your claim.
Guest Statute
Alabama has a unique “guest statute” (
Motor Vehicle Statute Section 32-1-2). Non-paying passengers cannot sue for injuries or damages unless they can show “willful and wanton misconduct” by the driver.
The statute’s original intent was to reduce frivolous lawsuits and prevent drivers and passengers from colluding to defraud insurance companies. Today, the effect may be to create a higher burden of proof on passengers than on drivers to show liability in an accident.
Passengers should consult a
personal injury attorney after an accident since several exceptions in Alabama case law permit passenger recovery.
What Is a No-Fault State?
In a no-fault state, drivers file accident claims with their own insurance companies. There is no determination of who is responsible for the accident. The insurer provides compensation immediately without determining fault or the other driver’s liability.
In no-fault states, the insurer may attempt to recover payments through a process called subrogation. After paying their client, the insurer may believe the other driver was responsible for the accident. In that case, they sue the other driver on behalf of their client to recover payment from the other driver’s insurance company.
Differences Between Fault and No-Fault States
Fault and no-fault states have some significant differences when it comes to insurance payouts. Drivers should know the particular details of their states when buying car insurance.
| At-Fault |
No-Fault |
| Establish liability before payment |
Payment without liability determination |
| No caps on non-economic damages (pain and suffering) |
May have caps on pain and suffering |
| Drivers may sue the at-fault drivers to recover damages |
Litigation is only available after the insured driver’s policy is exhausted |
The primary difference between fault and no-fault is that no-fault states pay out immediately, but no-fault drivers cannot sue a driver who caused their injuries. A driver may only sue if their personal injury protection (PIP) does not cover all their losses.
In an at-fault state, injured drivers always have the option of suing the other driver. The downside is that the insurance company must establish fault before settling a claim. This may take
months or years. During that time, the victim must manage without any compensation.
Alabama’s Contributory Negligence Rule
Alabama is one of four states (and the District of Columbia) that follow the strict contributory negligence rule. Contributory negligence means that if a driver is even 1% at fault in causing the accident, they may be barred from any recovery in their claim.
Most other states use a comparative negligence rule, meaning a driver may be partially responsible and still recover partial compensation. Comparative negligence may be “modified” or “pure,” but in either case, the recovery is limited by the driver’s percentage of fault.
Alabama’s strict contributory negligence rule makes recovery under the at-fault system difficult without sufficient evidence from the accident scene and medical documentation. Drivers should always contact a personal injury attorney to ensure their documentation is in order, even if they do not plan to file legal action in their claim.
Alabama Insurance Requirements
Like all states,
Alabama drivers must have liability insurance in the event of a motor vehicle accident. Drivers must have a minimum of:
- $25,000 bodily injury per person
- $50,000 bodily injury per accident
- $25,000 property damage
No matter who is at fault, these sums will not cover most injuries or damages in a serious accident. Unfortunately, many people today are driving without any insurance at all. What should you do if the other driver has no car insurance?
In Alabama, you can sue the other driver in a personal injury claim, but it’s also wise to have uninsured/underinsured motorist coverage. UM/UIM coverage protects you if the other driver lacks insurance. Other types of coverage, such as comprehensive coverage and general asset protection or GAP coverage, can help you in situations where the other party’s insurance delays payment or when they don’t have enough insurance to cover your damages.
Things can get confusing if you have an accident in a no-fault state. Contact your insurance agent before you travel out of Alabama to be sure you have enough coverage.
Seek Help from an Experienced Alabama Personal Injury Attorney
Most industry experts agree that most insurance claims are denied simply because the forms are incomplete or lack sufficient documentation. Before you file your claim, get skilled legal assistance from a Tuscaloosa personal injury attorney. They can help you complete your claims, check your documentation, and set you on your way to getting the compensation you need after a serious accident.
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