Alabama Motor Vehicle Accident Rules & Laws

Insurance Requirements

System type: Alabama operates under an at-fault system. This means the driver responsible for the accident is liable for the resulting damages.

Minimum coverage: Drivers must carry liability insurance with at least:

• $25,000 for bodily injury per person
• $50,000 for total bodily injury per accident
• $25,000 for property damage

Penalties for non-compliance: Driving without insurance is a Class C misdemeanor in Alabama. Penalties include fines of up to $500 for the first offense and up to $1,000 for subsequent offenses. Repeat offenders may also face a six-month driver’s license suspension.

PIP or Med-Pay coverage: Personal Injury Protection (PIP) is not required in Alabama. However, Medical Payments Coverage (Med-Pay) is optional and can help cover medical expenses regardless of fault.

Rideshare drivers: Drivers for companies like Uber or Lyft must have additional insurance coverage. When logged into the app but without a passenger, the required coverage is:

• $50,000 bodily injury per person
• $100,000 bodily injury per accident
• $25,000 property damage per accident. Once a ride is accepted or a passenger is on board, the requirement increases to $1 million in liability coverage

Fault Laws

In Alabama, fault plays a critical role in determining who is responsible for covering damages after a car accident. As a fault-based state, the driver who causes the accident is liable for the resulting harm. Establishing fault involves reviewing various types of evidence, including accident reports, medical records, crash scene photos, witness testimony, traffic or surveillance camera footage, and expert witness testimony.

Contributory negligence in Alabama

Alabama applies a strict contributory negligence rule, which is among the most stringent in the U.S. If you’re found to have contributed even slightly (as little as 1%) to causing the accident, you are barred from recovering compensation. This makes proving fault without any question critical when filing a claim.

Multi-vehicle collisions

In accidents involving multiple vehicles, Alabama law allows injured parties to hold any at-fault party responsible for the total amount of damages. This means if more than one driver is at fault, each could be pursued for the entire compensation amount, providing flexibility for victims in collecting damages.

The “last clear chance” doctrine

Alabama recognizes the “last clear chance” doctrine. Essentially, even if one party caused the accident, the other party might be held liable if they had the last opportunity to avoid the crash and failed to act.

Special considerations for guest passengers

Passenger claims in Alabama come with unique rules. If a passenger is injured while riding as a guest in a vehicle, they may only bring a legal action against the driver if the injury resulted from the driver’s wantonness (reckless disregard for safety), rather than ordinary negligence.

Statute of Limitations

Filing deadlines: You have two years from the date of the accident to file a personal injury lawsuit.

Government claims: Claims against government entities may have shorter deadlines and additional procedural requirements. It’s advisable to consult with an attorney promptly in such cases.

Accident Reporting Requirements

In Alabama, reporting a car accident is mandatory in specific situations, as outlined under state law. Knowing these requirements can ensure compliance and facilitate the claims process.

When to report an accident

You must report a motor vehicle accident to law enforcement if it involves:

• Injury or death: Any person involved in the crash who sustains injuries or fatalities
• Property damage threshold: Damage exceeding $250 to any one person’s property requires a report. This threshold increases to $500 for damages caused by uninsured or hit-and-run drivers

While accidents involving only property damage do not legally require a police presence, contacting law enforcement is highly recommended. Officers can document the scene and provide valuable testimony if legal disputes arise later.

Filing accident reports

If the police do not file a report at the scene, you may need to complete a written report:

• Form SR-13: Required within 30 days of an accident that involves injuries, deaths, or property damage exceeding $250
• Form SR-31: Required for accidents involving $500 or more in damages caused by uninsured or hit-and-run drivers

These reports are filed with the Alabama Department of Public Safety. Depending on the severity of the incident, failing to submit a required report could result in misdemeanor or felony charges.

How to access accident reports

Obtaining a copy of your accident report is often necessary for insurance claims or legal proceedings. There are several ways to do so:

• Online: Reports can be requested through the Alabama Law Enforcement Agency (ALEA) website for a $17 fee. Availability typically begins five days after the incident
• By phone: Contact the Alabama Highway Patrol at (334) 242-4241 to determine the appropriate agency for your request
• In-person: Visit your local police department, state trooper office, or Alabama State Police post. Fees may vary depending on the agency

Compensation Limits

Non-economic damages: Alabama does not impose caps on non-economic damages like pain and suffering in most personal injury cases.

Punitive damages: Punitive damages are allowed but are capped at three times the compensatory damages or $1.5 million, whichever is greater.

Medical Coverage Considerations

In Alabama, managing medical expenses after a car accident involves understanding various insurance coverages and legal considerations:

Liability Insurance: Alabama mandates that all drivers carry liability insurance with minimum coverage of $25,000 per person for bodily injury and $50,000 per accident. This insurance is designed to cover medical expenses for injuries the policyholder causes to others in an accident.

Establishing fault: As an at-fault state, Alabama requires a determination of who caused the accident to assign financial responsibility. This process involves reviewing police reports, witness statements, and other evidence. Establishing fault is crucial, as the at-fault party’s insurance is typically responsible for covering medical expenses.

Medical Payments (MedPay) coverage: Optional in Alabama, MedPay covers medical expenses for you and your passengers, regardless of fault. This coverage can help pay for immediate medical costs, serving as a valuable supplement to health insurance.

Health insurance: Your health insurance can cover medical expenses after an accident, but it may require reimbursement if you receive a settlement from the at-fault party’s insurer. Understanding your policy’s terms is essential to navigate potential reimbursements.

Uninsured/underinsured motorist coverage: This optional coverage protects you if the at-fault driver lacks sufficient insurance. It can cover medical expenses exceeding the at-fault party’s policy limits, providing an extra layer of financial protection.

Maximum Medical Improvement (MMI): MMI refers to the point where your condition has stabilized, and further recovery is not anticipated. Reaching MMI is significant in personal injury claims, as settling before this point may result in inadequate compensation for ongoing medical needs.

Medical lien: If you lack health insurance, your attorney may negotiate a medical lien with healthcare providers. This arrangement allows you to receive necessary treatment, with payments deferred until your claim is resolved.

Workers’ compensation: If the accident occurred during work-related activities, you might be eligible for workers’ compensation benefits, which cover medical expenses and a portion of lost wages.

Unique Local Factors

Weather and road conditions: Alabama experiences diverse weather, including heavy rains and occasional ice, which can impact road safety. Stay informed about local conditions.

Local Resources & Contacts

State agencies:

• Alabama Department of Insurance: https://www.aldoi.gov/
• Alabama Law Enforcement Agency: https://www.alea.gov/

Other resources: The Alabama Crime Victims’ Compensation Commission offers assistance to victims of violent crimes, including certain vehicular incidents. However, certain exceptions apply, and the compensation may not cover pain and suffering.

Legal assistance: Connecting with a personal injury attorney can help navigate the complexities of MVA claims. YourAccident.com can assist in finding experienced lawyers in Alabama.