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.
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:
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.
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.
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.
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
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 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 a Car Accident Attorney
Now that you know what to do if you’re hit by an uninsured driver, consider speaking with a car accident attorney in Alabama 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?
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.
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.
How Can an Attorney Help Win Compensation from an Uninsured Motorist?
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. This is what an Alabama car accident lawyer can do to help.
- Evaluate your insurance policy to see if you have UM or UIM coverage, file all claims, and negotiate with your insurance company for optimum compensation
- Investigate the accident to prove you were not at fault, gather evidence and interview witnesses
- Determine whether there were additional parties who contributed to the accident and what insurance and assets they and the uninsured driver have that can go toward a settlement
- File a lawsuit against the uninsured driver and other potential defendants, build your case, and take it to court.
Don’t wait to speak with a car accident attorney. There is a time limit, or statute of limitations, in Alabama for filing personal injury lawsuits. In most cases, you have two years from the date of the accident to file a lawsuit seeking compensation for your injuries. If you miss this deadline, you are probably out of luck – in most cases, your suit would not be heard by the court.
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.
Understanding Alabama’s Strict Contributory Negligence Rule
Under Alabama’s strict contributory negligence rule, if you sue the other driver and the court finds that you share even a tiny amount of responsibility for the crash that caused your injuries, you will get no money for your damages. Even if it’s determined you were only five percent responsible for the crash and the uninsured driver was 95 percent at fault, you will still be out of luck.
When another driver does not have insurance, they may work especially hard to try to show that you helped cause the crash in order to avoid paying you anything. These contributory negligence rules add to the already complex process of trying to recover compensation from an uninsured driver, and they add to the importance of having a skilled car accident lawyer working for your interests and helping to prove fault.
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 in Alabama?
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 or get in touch online to schedule your free consultation today!
Frequently Asked Questions
Our attorneys answer common questions about uninsured and underinsured motorist claims for injured drivers in Alabama.
Is uninsured motorist coverage required in Alabama?
No. Alabama insurers must offer uninsured and underinsured motorist coverage, but you can reject it in writing. If you did not sign a valid rejection, UM coverage may be included in your auto policy.
What happens if an uninsured driver hits me in Alabama?
If the at-fault driver has no insurance, you may be able to seek compensation through your own uninsured motorist coverage. Caldwell Wenzel & Asthana, PC can review your policy, investigate the accident, document your injuries and damages, and handle negotiations with your insurer.
Can I make an uninsured motorist claim after a hit-and-run in Alabama?
Potentially. When the driver who caused the crash leaves the scene and cannot be identified, your uninsured motorist coverage may still apply. Our attorneys can help determine whether the circumstances of the hit-and-run meet the requirements for a UM claim and what evidence is needed to support it.
What if I rejected uninsured motorist coverage in Alabama?
If you validly rejected UM coverage in writing, you generally cannot recover under that portion of your policy. Caldwell Wenzel & Asthana, PC can review your policy and coverage documents to determine whether a rejection was made and whether another source of compensation may be available.
What damages can I recover through uninsured motorist coverage in Alabama?
Depending on the circumstances and available coverage, an Alabama UM claim may provide compensation for medical expenses, lost wages, pain and suffering, and losses associated with a wrongful death. Our attorneys evaluate the full effect of your injuries rather than limiting the claim to the bills you have already received.
Can my insurance company deny my uninsured motorist claim in Alabama?
Yes. Your insurer may dispute the circumstances of the accident, your injuries, the amount of your damages, or the coverage available under your policy. If negotiations do not resolve the dispute, Caldwell Wenzel & Asthana, PC can help you determine whether arbitration or litigation is appropriate.
Does Alabama’s contributory negligence rule affect an uninsured motorist claim?
It can. Alabama follows contributory negligence, which can prevent recovery when an injured person is found to have contributed to the accident. Because fault can determine whether you recover anything at all, our attorneys examine the evidence before accepting an insurer’s version of how the crash happened.
How long do I have to file an uninsured motorist claim in Alabama?
The article states that Alabama generally provides a two-year period, while insurance policies may impose earlier notice requirements. Because the applicable deadline can depend on both Alabama law and the terms of your policy, Caldwell Wenzel & Asthana, PC recommends reviewing the claim promptly rather than waiting until the deadline approaches.
Do I need a lawyer if my insurance company has already made me an offer?
Yes. Filing a claim with your own insurer does not mean the insurer will automatically offer fair compensation. Our attorneys can investigate your injuries and damages, negotiate with the insurance company, and pursue arbitration or litigation when necessary to seek a fair recovery.