After an accident, filing a car accident claim is usually a matter of sending in your paperwork and waiting for the insurance adjuster. But if there is more damage than your insurance will cover, you may need to file a lawsuit against the other driver.
In some states, including Alabama, laws make it difficult for car accident victims to file an injury claim. These laws affect:
- Who can make a claim
- Who must prove fault
- Who must pay after an auto accident
Continue reading to learn more about Alabama car accident compensation laws.
Alabama Car Accident Laws
Alabama insurance requirements resemble those of most other states. Drivers must carry basic liability insurance, and insurance companies have optional uninsured motorist (UIM) coverage and other benefits. In a car accident case, how your car insurance protects you depends on your state.
Alabama car accident laws impose unique restrictions on claimants, regardless of their auto insurance.
At-Fault Insurance
Alabama is an at-fault insurance state. This means the at-fault driver's insurance pays damages for the accident. Drivers injured in a car accident file their insurance claim with the other driver's insurance company. The injured driver must show that the other driver was responsible for the accident to recover for any injuries or vehicle damages.
In a "no-fault" state, drivers file first with their own insurance companies. Drivers only sue the at-fault party if their insurance coverage does not cover the total damages.
Pure Contributory Negligence
Alabama follows a strict legal theory called "pure contributory negligence" for personal injury lawsuits. To prove a negligence case, a claimant must show:
- Duty to the claimant
- Breach of the duty
- Causation of an injury
- Injury in fact
In a car accident case, "duty" means obeying traffic laws, and "breach" means breaking one or more traffic laws. As a defense, the other driver can claim the plaintiff was partially responsible for the accident.
Under pure contributory negligence, an accident victim cannot recover if they are in any way responsible for the accident. This is sometimes described as being even 1% responsible. In other words, if the defendant can show you did something that helped cause the accident, you cannot recover damages.
This harsh rule differs from states that use comparative fault. In those states, drivers can be partially responsible and still recover some damages. Those state laws recognize that courts should apportion fault according to the degree of fault, such as 80%- 20%. But that is not the law in Alabama.
Guest Statute
Alabama has a one-of-a-kind "guest statute." This rule (Code Title 32. Motor Vehicles and Traffic. § 32-1-2) prevents "guests" or non-paying passengers from suing for damages unless their injuries are the result of "willful or wanton misconduct" by the driver. This is a higher standard than negligence.
In other states, passengers receive fair compensation for injuries from a car crash, regardless of the driver's conduct.
Damages and Limits
In a personal injury case, damages are compensation for everything you suffer due to the accident. Most people think of medical bills and auto repairs, but it can include:
- Bodily injuries and rehabilitation, including future medical expenses
- Lost wages or income
- Non-economic damages such as pain and suffering
- Wrongful death
Statute of Limitations
Claimants must file tort claims within a certain amount of time, known as the statute of limitations. In Alabama, the statute of limitations for motor vehicle accidents is two years from the date of the accident. If you sustain an injury in a collision, contact a personal injury attorney immediately in case of insurance delays.
Damage Caps
Most insurance policies have payout limits. For instance, a medical policy will only pay $500,000 of medical costs after a $2,500 deductible. Damage caps are set by state law to limit plaintiffs' awards and prevent insurance companies from paying out excessive amounts while still giving claimants reasonable damages for their cases.
Courts seldom award punitive damages in civil claims. Punitive damages punish the defendant when their actions are unusually reckless or wanton. Alabama code limits punitive damages to three times the value of compensatory damages, or $1.5 million, whichever is more.
Municipal damages apply if a car accident involves a city or county vehicle. Since these damages come out of city taxes (including yours), Alabama code limits municipal damages to:
- $300,000 if two or more parties claim injury
- $100,000 for property damage
Need Legal Advice? Contact an Alabama Car Accident Lawyer
After a crash, you deserve fair car accident compensation. Alabama laws make it difficult to win your case alone. Get legal advice from an Alabama car accident attorney before you file a claim or accept a settlement offer.
With several traps found in pure contributory negligence, the guest statute, and other assorted claim limits, the advice of a seasoned attorney is often crucial to recovery. If you've been in a car accident and believe you're entitled to more compensation than the insurance company has offered, consider speaking with an Alabama injury law attorney.