Alabama Car Accident Guide: Get Fair Compensation for Injuries

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.

What injuries can I make a claim for after a car accident?

You can file an insurance claim for any verifiable bodily injuries arising from the accident, from sore muscles to traumatic brain injuries. Records of medical treatment after the crash will verify the type and scope of your injuries. You may also make a claim for aggravation of pre-existing injuries or conditions.

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.

How long does a ticket stay on my driving record in Alabama?

After an Alabama traffic conviction is 2 years old, it loses its point count for suspension purposes but remains on a driver’s record. If you were issued a traffic citation after an accident, you will likely be found at least partially at fault for causing the accident.

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.

How long can I sue after a car accident in Alabama?

Alabama’s statute of limitations for personal injury claims is two years from the date of injury, unless the injured person is a minor or the party to be sued is a government entity.

When a minor is injured, the two-year statute begins to run on their 19th birthday, unless a parent or guardian has already filed on their behalf.

The deadline for suing a government entity in Alabama can be as short as six months.

How long does an insurance company have to settle a claim in Alabama?

Alabama insurance regulations require insurers to make prompt, fair, and equitable auto insurance settlements when liability is clear. Insurers are required to pay compensation within 30 days after accepting liability, reaching a settlement, and receiving the settlement documents.

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:

  1. File an accident claim with your own insurance company
  2. File an accident claim with the other driver’s insurance company
  3. 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.

Is the rear driver always at fault for rear-end collisions?

Rear-end accidents are typically caused by the rear driver failing to yield to the car in front. Alabama law requires drivers to keep a safe distance between cars.

The law states, in part, “A driver must not follow another driver more closely than is reasonable and prudent, having due regard for the speed of other drivers and traffic conditions along the roadway.

Who's at fault for a T-bone crash?

Most T-bone or side impact collisions occur at intersections where the at-fault driver failed to yield the right of way. Under Alabama law, causing a collision is “prima facie evidence of failure to yield.”

Are there traffic laws connected to head-on collisions?

Head-on collisions are caused by the at-fault driver crossing the center line into oncoming traffic. Alabama traffic laws require drivers to drive “as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”

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.

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

Can I sue for pain and suffering in Alabama?

Yes, car accident victims in Alabama can seek compensation for pain and suffering. They can make a claim to the at-fault driver’s insurance company, or directly from the driver in a personal injury lawsuit. Pain and suffering can include the effects of physical pain, embarrassment, anxiety, frustration, and inconvenience arising from a bodily injury.

What's the average settlement for a car accident in Alabama?

The average injury settlement for a car accident claim in Alabama is $24,000, with most payouts for moderate injuries between $9,000 and $40,000.

Car accident injury settlements can vary from a few hundred dollars to hundreds of thousands, depending on the scope and severity of injuries, the circumstances surrounding the crash, and the at-fault driver’s insurance limits.

For example, two rear-end accident cases with significantly different payouts:

  1. In Jefferson County, Ghumra v. Allen CV-04-2058, a woman with a pre-existing back problem was awarded $925. She filed suit after the at-fault driver insisted she wasn’t injured in the crash.
  2. In a similar Morgan County case, Hernandez v. Bryant, Jr CV-2005-611, the at-fault party disputed the claimant’s injuries. The jury awarded $10,000 to the victim for soft-tissue back injuries that did not require surgery.

Alabama Car Accident Claim Questions