Alabama Car Accident Settlement Process and Timeline

Alabama follows the pure contributory negligence rule in its car accident settlement process. This means that if you contributed to the car accident in any way, you may not be able to recover compensation for damages. The state requires police officers to immediately report injuries and damages. Parties involved have two years to file a car accident case.

Alabama’s car accident laws are among the harshest in the country for injury victims, due to the pure contributory negligence rule. If you have been involved in a car accident, consider contacting an experienced car accident attorney in Alabama. They can help protect your rights and ensure that you do not lose your chance at fair compensation.

Reporting a Car Accident in Alabama

The Alabama Code mandates drivers to immediately file a report when an accident involves personal injuries or wrongful death. Regardless of how minor the injuries may appear, the Code requires drivers to file a report.

The law does not mandate contacting the police for accidents that only involve damage to the vehicle. Despite that, it’s highly recommended that you do so after an auto accident. Having a police report can be valuable when filing insurance claims and determining the at-fault driver.

Alabama Car Accident Reporting Requirements

The Code of Alabama requires you to file a written report with the Alabama Law Enforcement Agency within 30 days if either of the following applies:

• The accident caused injury or death
• Property damage exceeded $250 to any individual vehicle

For most reportable accidents, you’ll need to complete Form SR-13. If you haven’t received compensation for damages over $500 caused by an uninsured driver, you’ll also need to file Form SR-31.

Failing to report a property damage accident is a Class A misdemeanor. It could lead to one year of jail time and fines of up to $6,000. For accidents involving injury or death, not reporting becomes a Class C felony with penalties of between 366 days and ten years in prison and fines up to $15,000. These penalties can also result in a driver’s license suspension.

How Alabama Car Insurance Laws Work

Alabama operates under a fault-based system. This means that the person who causes the accident is responsible for all the resulting damages and losses. This is different from the no-fault system, where each party’s insurance covers their own damages regardless of who caused the accident.

Every Alabama driver is required to carry liability insurance. According to the Alabama Department of Revenue, the state mandates the following:

• Minimum coverage of $25,000 for bodily injury to one person per accident
• Minimum coverage of $50,000 for bodily injury to multiple people per accident
• Minimum coverage of $25,000 for property damage per accident

Violations of the mandatory insurance law carry penalties, including potential fines, license suspension, and vehicle impoundment. The specific penalty amounts may vary depending on the type of violation and whether it’s a repeat offense.

How Alabama’s Contributory Negligence Affects Your Case

Alabama follows the rule of pure contributory negligence. If it’s determined that you contributed to the accident in any way, you cannot recover any damages. It does not matter how at fault you were, even if it is just 1%.

This rule significantly affects insurance negotiations and the legal process. Insurance adjusters are aware of Alabama’s contributory negligence law. They understand that finding the slightest fault in each party could eliminate their obligation to pay.

Exceptions to the Contributory Negligence Rule

With Alabama’s pure contributory negligence law, insurance adjusters actively look for any fault to avoid their obligation to pay. State law can provide limited exceptions to this rule, such as protections for minors, mentally incompetent individuals, and certain situations that involve willful or wanton conduct.

The contributory negligence rule can bar you from recovery. With so much at stake, consulting with a car accident attorney is a good idea. They can review the facts of your case and determine whether an exception to the contributory negligence rule may apply.

Steps To Take After a Car Accident in Alabama

After any car accident, everyone’s safety and medical care should be the first priority. Take the time to note traffic and weather conditions. Record the extent of the damage to the vehicles by taking pictures.

It is also helpful to exchange contact information with the parties involved and people who can provide witness statements. Make notes about any information that could potentially serve as evidence of fault. Even if you think the accident might have been your fault, it’s not the time to offer apologies. Try not to tell other drivers that it was their fault. You’ll be able to tell your side to the responding officer.

To recover damages from an accident caused by another driver, you have the following options:

• File a claim under your own insurance policy
• File a claim with the other driver’s insurance company
• File a lawsuit

If you file a claim with an insurance company, adjusters will conduct a case evaluation and provide a settlement offer. You aren’t obligated to accept their initial offer.

Settlement negotiations can be tricky if you don’t know how much your car accident claim is worth. Experts like personal injury attorneys or car accident lawyers can help evaluate your medical records and guide you through the claims process to ensure you receive fair compensation for your injuries.

Additional Alabama Car Accident Laws That Affect Your Case

The state of Alabama has a unique set of laws that affect the victim’s ability to receive compensation for car accident injuries or deaths.

Guest Statute

In addition to the contributory negligence statute, Alabama has other laws that complicate compensation recovery, such as the guest statute. This law prevents non-paying passengers from suing the driver unless the personal injury or death resulted from the driver’s willful or wanton misconduct.

Government Liability Cap

Alabama sets a maximum amount of damage awards if a government entity or employee caused the accident. The Code limits the settlement amount to $100,000 for bodily injury or death per person and $300,000 if more than two persons have a claim.

Time Limits for Filing a Car Accident Lawsuit in Alabama

Alabama has a two-year statute of limitations to recover car accident claims. The law counts the amount of time to file a claim for personal injury or property damage from the day of the car crash. After that two-year period, the courts will most likely deny your case and take away your right to recover damages.

Several factors affect settlement value, including the following:

• Medical expenses
• Ongoing medical treatment needs
• Lost wages and earning capacity
• Pain and suffering
• Property damage
• The degree of fault

Missing your filing deadline is a life-altering mistake.

Need Help With the Alabama Auto Accident Settlement Process? Speak to a Car Accident Attorney

Given the complex legal process for car accident settlements in Alabama, seeking legal advice from a car accident attorney is a good plan. They can review your case and help gather evidence to maximize your potential for recovering a fair settlement.

Reach out to an Alabama car accident lawyer if you’re squaring off against an insurance company after an auto accident. An experienced attorney will handle settlement negotiations with insurance companies and ensure you meet the process and statute of limitations.