What to do after an Alabama auto accident to protect your rights, determine who’s liable, and get the payout you deserve.
Residents of Alabama travel an average of 48.5 miles per day on state, county, and local roadways. Whether you’re on your way to the farm, or to build aircraft, or just getting together with friends to watch the Crimson Tide roll, you are probably traveling by car or truck.
If you are injured in a car accident in Alabama, you may be entitled to compensation. Most accident settlements range from a few hundred dollars to several hundred thousand. The average payout for a car accident injury claim is just under $30,000.
While you may have to file a lawsuit to get the at-fault driver’s insurer to pay, most cases settle out of court. Very few car accident cases go all the way to trial.
What to Do After an Alabama Car Accident
A traffic accident occurs on Alabama roadways every four minutes. Protect your health, safety, and financial future by knowing what to do – and mistakes to avoid – after a car crash in Alabama.
1. Stop, Check for Injuries, and Call 911
Alabama law requires drivers to stop after any kind of collision. If there are no apparent injuries, it’s okay to pull your car off the roadway to the side of the road. If there are injuries or your vehicle is not drivable, don’t try to move it.
If you are hurt, or people in either car may be injured, call 911 to report the crash and ask for help. Until emergency responders get there, do what you can to assist the injured to the extent you are able.
If you hit a parked car, a fence, or other property, try to notify the owner or leave a note with an explanation of what happened and your contact information.
2. Seek Prompt Medical Attention
Refusing or delaying medical care after a motor vehicle accident can undermine your insurance claim.
If you aren’t taken to the hospital emergency room from the scene, make arrangements to see your primary care provider or visit an urgent care center the same day.
3. Exchange Information – But Watch What You Say
You need to get contact and insurance information from the other driver. In Alabama, drivers are required to provide their name, address, and vehicle registration number, and must show their driver’s license upon request.
Don’t apologize or make excuses for the accident. Avoid getting drawn into an argument or debate about who’s at fault. If the other driver or passengers are rude or belligerent, get back in your car and lock the door until the police arrive.
4. Gather Evidence From the Scene
It may seem obvious to you that the other driver caused the accident, but their insurance company will need proof. As the claimant, you have the burden of proving fault and proving your damages by providing evidence.
When you’re badly injured, you may have to rely on the police report and evidence collected later to make your insurance claim.
5. Report the Accident to Police
When police are called to a traffic accident and conduct an investigation, that meets Alabama’s legal requirement for drivers to report an accident.
If you were in an accident involving an unattended vehicle, mailbox, traffic sign, or any other property, you are still required to notify the appropriate law enforcement agency.
6. Notify Both Insurance Companies
After an accident, notify the at-fault driver’s insurance company of your intent to file a claim. The insurance company will acknowledge your notice with a claim number and may assign an adjuster to your claim.
You must also notify your own insurance company, even if the accident wasn’t your fault. Your auto policy likely contains a Notice of Occurrence and Cooperation clause, requiring you to notify them after an accident and cooperate with their investigation.
Alabama Liability Rules for Car Accidents
Alabama follows the third-party liability rule. It says that drivers with damages from an accident can pursue a claim for compensation against the negligent driver.
As a victim of another driver’s negligence, you have three options:
- File an accident claim with your own insurance company
- File an accident claim with the other driver’s insurance company
- Sue the negligent driver
The State of Alabama follows the Pure Contributory Negligence rule. This common law rule, confirmed by caselaw, says that if the victim of an Alabama car accident contributed to causing the accident, the victim may be barred from receiving any compensation.
Example of Contributory Negligence
Lisa was driving from Decatur to Huntsville. Jimmy was passing Lisa when she suddenly accelerated, causing Jimmy to clip her front fender as he was moving back into the lane. The collision caused Lisa to run off the road into a tree.
Lisa sued Jimmy for $100,000. At trial, witnesses testified they saw Lisa accelerate when Jimmy was attempting to move back into the right lane.
The jury decided that Jimmy was 95% to blame for the accident, and found Lisa 5% to blame for accelerating as Jimmy tried to move back into the right lane.
Based on Alabama’s Pure Contributory Negligence rule, Lisa contributed to causing the accident so she loses her right to any compensation for her injuries.
Compensation for Car Accident Injuries in Alabama
Auto insurance companies in Alabama pay out more than $2.2 billion in losses each year.
You can estimate the value of your car accident claim by adding up your economic damages, including measurable losses like medical expenses, out-of-pocket costs, and lost wages, then adding one to five times that amount to account for your pain and suffering.
When you’ve decided to handle your own insurance claim, a multiple of 1-3 times your economic costs is a reasonable amount to seek for non-economic damages.
Use our free injury settlement calculator for Alabama to estimate the value of your claim.
For more serious injuries, you’ll need a personal injury attorney to get adequate compensation. Most injury law firms offer free consultations to accident victims.
Average Settlement Data:
Factors that impact car accident compensation include:
- Scope and severity of injuries
- Allocation of fault
- Number vehicles involved
- Number of injured people
- If a wrongful death occurred
- Auto insurance coverage limits
No matter how badly you are injured, there may not be enough insurance money available to cover your damages.
Alabama state minimum insurance requirements:
- $25,000 per person for one accident
- $50,000 for two or more person’s injured in one accident
- $25,000 for property damage in one accident
Some drivers only carry minimal insurance and have no personal assets, or have no insurance at all. In such cases, you may be able to make a claim to your own insurance company if you have uninsured motorist coverage.
Optional insurance coverages in Alabama include:
- Uninsured Motorist Coverage – when you are hit by a driver with no insurance
- Underinsured Motorist Coverage – when the at-fault driver does not have enough insurance to cover your damages
- Medical Payments (MedPay) Coverage – pays medical bills for the driver and passengers up to a limit, typically $5,000 to $10,000
Alabama Car Accident Claim Questions
Son borrowed car and had an accident, but insurance delaying payment?
My grown child had my permission to drive my car. He was involved in an accident which was his fault and now my insurance doesn’t…
Insurance company denying claim due to revoked license?
I am asking this on behalf of my mother, who is elderly and doesn’t use a computer. My mother lives in Alabama, and her car…