Alaska Motor Vehicle Accident Rules & Laws

Insurance Requirements

System type: Alaska operates under a fault-based system, meaning the driver responsible for the accident is liable for the resulting damages.

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

• $50,000 for bodily injury or death per person
• $100,000 for total bodily injury or death per accident
• $25,000 for property damage

Penalties for non-compliance: Driving without the required insurance can result in suspension of your driver’s license. If you fail to provide proof of insurance within 15 days of a serious accident, your license may be suspended for 90 days for a first occurrence and one year for a second occurrence.

PIP or Med-Pay coverage: Personal Injury Protection (PIP) is not a required coverage in Alaska. 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 in Alaska must have additional insurance coverage. The required coverage varies depending on the stage of rideshare activity:

• Logged into the app but no ride accepted:
  • $50,000 bodily injury per person
  • $100,000 bodily injury per accident
  • $25,000 property damage per accident
• Ride accepted or passenger on board: Rideshare companies typically provide $1 million in liability coverage during active periods, but drivers should confirm their personal auto insurance policies to avoid coverage gaps

Fault Laws

Alaska operates under an at-fault system, meaning the driver who causes the accident is responsible for the resulting damages. Establishing fault involves reviewing evidence such as police reports, witness statements, and other relevant information.

Pure comparative negligence in Alaska 

Alaska follows a pure comparative negligence rule, allowing injured parties to recover damages even if they are partially at fault. However, the compensation is reduced by their percentage of fault. For example, if you’re determined to be 30% at fault for an accident with total damages of $100,000, you would still be able to recover $70,000.

Multi-vehicle collisions

In accidents involving multiple vehicles, each party’s degree of fault is assessed. Under the pure comparative negligence system, you can seek compensation from any at-fault party, but your recovery will be adjusted based on your share of fault.

Special considerations for guest passengers

Passengers injured in a vehicle can file claims against the at-fault driver. Alaska’s pure comparative negligence system applies, so if a passenger’s actions contributed to their injuries (e.g., not wearing a seatbelt), their compensation may be reduced proportionally.

Statute of Limitations

Filing deadlines: In Alaska, you have two years from the date of the accident to file a personal injury lawsuit. This timeframe is crucial; missing it can forfeit your right to seek compensation.

Discovery rule: If injuries aren’t immediately apparent, Alaska’s discovery rule may extend the filing period. The two-year clock starts when you discover, or reasonably should have discovered, your injury.

Claims involving minors or individuals with disabilities: For minors or those legally incapacitated, the statute of limitations may be tolled (delayed). The two-year period typically begins once the individual turns 18 or the disability is lifted.

Government claims: Claims against government entities may have different procedures and shorter deadlines. It’s advisable to consult with an attorney promptly in such cases to ensure compliance with specific requirements.

Accident Reporting Requirements

In Alaska, reporting a car accident is mandatory under specific circumstances outlined in state law. Complying with these requirements is crucial for facilitating insurance claims and avoiding penalties.

When to report an accident

• Injury or death: You must report a motor vehicle accident if any person involved in the accident sustains injuries or fatalities
• Property damage threshold: Accidents causing property damage exceeding $2,000 must be reported
• Local police notification: If the accident occurs within a municipality, you are required to notify the local police department
• Timing: Reports must be filed within 10 days of the accident with the Alaska Department of Administration

Filing accident reports

If law enforcement does not file a report at the scene, it becomes the driver’s responsibility to complete a written report. You can do so via the Alaska DMV:

Driver’s report of motor vehicle accident (Form 12-209): This form collects information about the collision, including vehicle details, insurance, and a crash narrative. It would be submitted to the Alaska Division of Motor Vehicles (DMV).

Certificate of Insurance (COI or Form 466): This is required to confirm liability insurance if the accident involves bodily injury, death, or property damage exceeding $501. The COI must be filed within 15 days.

These reports help document the incident for legal and insurance purposes. Police officers who respond to the scene are required to file a report with the state within 24 hours. Failing to file a required report within the designated timeframe can result in administrative penalties, such as the suspension of your driver’s license.

How to access accident reports

Obtaining a copy of your accident report is often necessary for legal or insurance claims. You can request reports through the following methods:

Online: Requests can be submitted via the Alaska Department of Transportation’s official website. Check their website for specific procedures and availability of reports.

By mail: Submit a written request to the Alaska Division of Motor Vehicles (DMV) using DMV Form 440. Include a $10 fee per crash report requested, which can be made by check or money order payable to the State of Alaska. Mail your signed form to their mailing address.

Email: You can email the completed Form 440 to doa.dmv.ads@alaska.gov.
In-person: Visit the police department or Alaska State Trooper office that investigated the accident. Availability of reports and fees may vary by location.

Compensation Limits

Economic damages: Alaska imposes no limits on economic damages, which cover medical expenses, lost wages, and property damage.

Non-economic damages: Non-economic damages, such as pain and suffering, are capped at $400,000 or the injured person’s life expectancy multiplied by $8,000, whichever is greater. However, for injuries involving severe permanent physical impairment or disfigurement, the cap increases to $1 million or the injured person’s life expectancy multiplied by $25,000, whichever is greater.

Punitive damages: Punitive damages are awarded in cases involving gross negligence or intentional misconduct. These damages are capped at three times the compensatory damages or $500,000, whichever is greater, and are calculated based on actual losses incurred, allowing victims to pursue full financial recovery for economic hardships caused by the accident.

Medical Coverage Considerations

In Alaska, managing medical expenses after a car accident involves understanding fault-based insurance laws, optional coverages, and the role of health insurance. Here’s a detailed breakdown of the key considerations:

Liability insurance: Alaska mandates that all drivers carry liability insurance with a minimum coverage of $50,000 per person for bodily injury and $100,000 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, Alaska 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 Alaska, MedPay covers medical expenses for you and your passengers, regardless of fault. Coverage limits typically range from $1,000 to $10,000, with some insurers offering higher limits up to $25,000. MedPay can assist with immediate medical costs such as hospital visits, surgeries, and rehabilitation, serving as a valuable supplement to health insurance. It’s important to note that MedPay is a no-fault coverage, meaning it applies regardless of who caused the accident. When selecting a MedPay limit, consider factors like your health insurance deductible and the potential out-of-pocket expenses you might incur after an accident. This ensures adequate coverage for unforeseen medical expenses.

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: Alaska’s harsh weather conditions, including snow and ice, can significantly impact road safety. Drivers should exercise caution and be prepared for rapidly changing conditions.

Wildlife hazards: Collisions with wildlife, such as moose, are common in Alaska and can cause severe accidents. Be vigilant, especially during dawn and dusk when animals are most active.

Local Resources & Contacts

State agencies:

• Alaska Division of Motor Vehicles: https://dmv.alaska.gov/
  • Email: doa.dmv.ads@alaska.gov
  • Phone: (907) 269-5551
  • Address:

State of Alaska  

Division of Motor Vehicles  

3901 Old Seward Hwy, Ste 101  

Anchorage, AK 99503-6089

• Alaska Department of Transportation & Public Facilities: http://dot.alaska.gov/

Alaska state troopers:

• General inquiries: (907) 269-5511
• To find a local Trooper post near you: https://dps.alaska.gov/AST

Legal assistance: Consulting with a personal injury attorney can help navigate the complexities of MVA claims and ensure your rights are protected.