What to Do if You’re Hit by an Uninsured Driver in Alabama

Perhaps you’re driving down the road when a car runs a stop sign and hits you. Or maybe you’re waiting at a stop light and you’re rear-ended. Unfortunately, you quickly find out when you go to exchange insurance information that the other driver has no car insurance. Accident liability insurance is required in every state, including Alabama, but as you’ve just found out, that doesn’t mean that every driver follows the law. Here’s what to do if you’re hit by an uninsured driver in Alabama.

If you’ve been hurt in an accident caused by an uninsured driver, recovering compensation can be challenging — but that doesn’t mean it’s impossible.

Hit By an Uninsured Driver? Here’s what to do

What to Do if You’re Hit by an Uninsured Driver in Alabama: Next Steps

If you’re hit by an uninsured driver, here are some things to do and not do at the accident scene:

Do Call the Police

In any car accident situation, it’s important to call the police. It’s especially important when the other driver doesn’t have insurance. Having a police report can help smooth the process when you file a claim with your insurance company under your uninsured motorist policy or if you decide to file a legal claim against the uninsured driver.

Do Exchange Information

Be sure to get contact information from the other driver. This should include their name, address, and telephone number. Also, get their driver’s license number and license plate number.

Do Get Witness Statements

If there were witnesses to the accident, ask them for written or recorded statements. If it isn’t practical to get statements at the accident scene, ask for their contact information so you can reach out for statements later. Then do so as soon as possible.

Do Take Pictures and Jot Down Accident Details

Take photos of the damage done to the cars, any debris in the street, and the street signs to show where the accident occurred and the direction the vehicles were traveling in. Also, be sure to write down things like the make and model of the other driver’s car if it isn’t clear in the photos.

Don’t Accept Money From the Uninsured Driver

An Alabama driver with no insurance probably knows they face a big fine or potentially even impoundment of their car or suspension of their driver’s license. They may try to make you go away by offering you money. At this point, you have no way of knowing what your damages are worth, and they may very likely be worth much more than the driver offers, Therefore, it’s not advisable to accept money. In such instances, consulting with a truck accident attorney in Mobile, AL, is essential. A skilled attorney can guide you through the process, ensuring you receive fair compensation for your damages.

Visit a Doctor

Protect Your Health and Your Chances of Receiving Compensation

Even if you feel fine and don’t think you were injured, you should still visit a doctor. Sometimes, whiplash and other injuries may not show up until later. Or you may have soft tissue damage, internal bleeding, or other serious injuries that you don’t know about. Your medical records will be a vital part of your insurance claim, and if you decide to file a car accident lawsuit, they’ll be indispensable as well.

If you’ve been hurt in a car accident, the team at Caldwell Wenzel & Asthana, PC is here for you. Call us at (251) 313-7508 or fill out our online contact form to schedule your free consultation now.

Contact Your Insurance Company

Report the accident to your insurance company as soon as possible following the accident. Let the company know right away that the other driver was uninsured. When you call, have your file of information in front of you that contains the police report, the uninsured driver’s information, witness statements, your doctor’s report, and anything else related to the accident.

Consider Consulting an Attorney

Now that you know what to do if you’re hit by an uninsured driver, consider speaking with a car accident attorney who can further help you understand your rights. If you’ve been seriously injured or suffered extensive property damage, your insurance may not cover all of your medical and other bills.

Understanding Alabama Uninsured and Underinsured Motorist Coverage

Uninsured and underinsured motorist coverage (UM/UIM) serves as your safety net when the other driver is unable to pay. According to Alabama Code Section 32-7-23, every auto policy must include UM coverage unless the insured rejects it in writing. Without a signed rejection form, this protection automatically applies.

Alabama’s minimum liability limits are 25/50/25. The Alabama Department of Insurance makes clear that these minimums rarely cover the costs of severe injuries. A single hospitalization can exceed $100,000, leaving victims responsible for everything above the at-fault driver’s limits.

The Alabama Department of Revenue’s mandatory liability insurance page enforces these requirements through the state’s verification program. Even with enforcement, thousands of drivers remain uninsured, making UM coverage essential for financial protection.

How Do You Recover Compensation if the Driver Who Hit You Was Uninsured?

Ordinarily, if you’re injured in a car accident another driver causes, any compensation you receive comes from the other driver’s liability insurance. Alabama requires drivers to have a certain amount of liability insurance:

• $25,000 bodily injury liability per person
• $50,000 bodily injury liability per accident
• $25,000 property damage liability per accident.

Unfortunately, some drivers do not carry the required coverage. If the driver who hit you is uninsured, the best way to recover compensation is typically through your own uninsured motorist insurance coverage. A car accident attorney can help you file a claim with your insurance company, but the fact that you’re filing a claim with your own insurance company doesn’t mean the insurer will be eager to pay up. Your lawyer can assemble evidence of your injuries and negotiate with the insurance company in an attempt to reach a fair settlement.

What if You Don’t Have Uninsured Motorist Coverage?

You May Still Have Options

All insurance companies must offer uninsured/underinsured motorist coverage when they offer you insurance coverage. However, when you purchase a policy, you may opt out of this coverage if you wish.

If you don’t have uninsured motorist coverage, recovering compensation may prove to be a challenge. You may file a lawsuit against the driver, but, generally, drivers without insurance don’t have it because they can’t afford it. Even if the court orders the driver to pay you a particular amount of money, there’s a possibility that you’ll never see any of it.

Filing an Uninsured Motorist Claim Under Your Own Policy

When an uninsured driver injures you, your financial recovery usually comes from your own insurer through uninsured motorist coverage. The process can be challenging, but understanding it helps manage expectations.

Claim Process:

• Notify your insurer quickly: Many policies require prompt reporting.
• Investigation: The insurer reviews accident details, medical records, and damages.
• Negotiation: Insurers often begin with low settlement offers.
• Dispute resolution: Arbitration or litigation may follow if a fair settlement cannot be reached.

Remember that insurance companies are motivated to minimize payouts, even under policies you paid for. Working with an attorney ensures that negotiations reflect the true scope of your damages.

For more guidance, visit our Motor Vehicle Accidents practice page.

What Types of Damages Can Be Recovered Through Uninsured Motorist Coverage?

Uninsured motorist coverage provides crucial protection when the at-fault driver is unable to pay. It can cover a wide range of losses that you and your family would otherwise bear.

Damages Covered by UM:

• Medical expenses: From emergency treatment to long-term rehabilitation.
• Lost wages: Compensation for missed work and reduced earning capacity.
• Pain and suffering: Payment for physical pain, emotional distress, and reduced quality of life.
• Wrongful death: Support for families, including funeral expenses and loss of financial contribution.

The National Highway Traffic Safety Administration’s road safety data show that traffic crashes cost the nation billions of dollars annually in medical bills and lost productivity. Without UM coverage, these costs often fall directly on victims.

Why Having a Lawyer by Your Side Makes All the Difference

Insurance companies are not eager to pay uninsured motorist claims, even though you have paid premiums for this protection. Adjusters may argue your injuries are less severe, suggest you were partially at fault, or stall until you accept a reduced payout. Having an attorney changes this balance. Your lawyer can preserve evidence, manage negotiations, and present a strong case in court if necessary.

At Caldwell Wenzel & Asthana, we work on a contingency fee basis. You owe nothing unless we recover compensation on your behalf. This approach allows clients to pursue justice without financial risk.

Common Legal Obstacles in Alabama Uninsured Motorist Cases

Uninsured motorist claims are complex, and Alabama’s legal standards make them even more challenging. Understanding the potential hurdles can help victims prepare.

Obstacles You May Face:

• Contributory negligence: If you are even one percent at fault, you cannot recover damages.
• Policy exclusions: Some policies restrict or limit UM coverage.
• Claim denials: Insurers may deny valid claims to avoid paying.
• Arbitration requirements: Some policies mandate arbitration before going to court.

Each of these challenges requires an experienced legal strategy. An attorney can identify insurer tactics, challenge denials, and guide you through arbitration or litigation when necessary. With skilled representation, you are far better equipped to secure fair compensation.

Why Mobile and Baldwin Counties Are High-Risk for Uninsured Driver Crashes

Uninsured driver accidents are prevalent in Mobile and Baldwin Counties. Busy roadways, such as Interstate 10, U.S. 98, and the Gulf Shores corridors, are known for being accident hotspots due to heavy commuter and tourist traffic. The Alabama Law Enforcement Agency consistently reports high injury and fatality numbers in these regions.

Local knowledge matters. Attorneys who understand the courts and insurers in these counties can anticipate common defense tactics and develop strategies that maximize results for injured clients.

How Uninsured Motorist Claims Differ From Standard Liability Claims

While both uninsured motorist and liability claims seek compensation, they are distinct. In a standard liability claim, you file against the at-fault driver’s insurer. In an uninsured motorist claim, you pursue your own insurer because the at-fault driver has no coverage. This makes your insurer the opposing party, even though you have paid them premiums.

Uninsured motorist claims often carry a heavier burden of proof and may require arbitration before going to court. Insurers frequently resist these claims, but a trial-ready lawyer signals that you are prepared to demand fair compensation.

Have You Been Hurt in a Car Accident?

If you’ve been injured by an uninsured driver and don’t have uninsured motorist coverage, don’t automatically assume you’ve reached a dead end. When you take the right steps after the crash and reach out to a car accident attorney, you can maximize your chances of recovering the compensation you deserve.

The seasoned car accident attorneys at Caldwell Wenzel & Asthana, PC on Alabama’s Gulf Coast are here to answer any questions you may have. Call us at (251) 313-7508 or get in touch online to schedule your free consultation today!