Is Alabama a No-Fault State?

We are frequently asked, “Is Alabama a no-fault state? They also ask us whether Alabama is an at-fault (or “tort”) state, where drivers who cause accidents and their insurance companies are responsible for other drivers’ damages. Alabama’s fault laws are complicated and stricter than those of most other states. It makes sense to have a lawyer on your side to fight for the settlement you deserve.

If you have been injured in an Alabama auto accident, you usually have three options for compensation. You can:

• File a claim with your own insurance company, if you have a policy that covers the loss. Your insurance company will then try to collect this back from the at-fault driver’s insurance company.
• File a third-party claim directly with the at-fault driver’s insurance carrier.
• File a civil personal injury lawsuit against the at-fault driver.

Since insurance companies are out for profit and wish to pay out as little as possible, they will do everything possible to try to prove you were at fault. At Caldwell Wenzel & Asthana, we know the tactics that insurance companies use and how to combat them, and we will take your case to court if warranted. Our Alabama personal injury lawyers work to hold negligent drivers responsible for their careless actions and to help you get the compensation you deserve.

We offer a free, no-obligation consultation to examine the individual circumstances of your accident and determine the best approach to take. Call us today at (251) 444-7000.

What Does It Mean if You Live in a No-Fault State?

Before discussing whether Alabama is a no-fault state, it is helpful to ask, “What is a no-fault state?” A no-fault state is one in which every driver must carry personal injury protection (PIP) coverage that meets the state’s minimum requirements. Furthermore, a no-fault state is one whose laws do not require a victim to prove any fault before receiving compensation from an insurance claim. In these states, injured drivers submit claims to their own PIP insurance carrier, which then pays the claim up to the policy’s limits. In the event of an accident, you’ll file your claim with your PIP insurer; there will be no need to show how the crash happened or who is to blame.

What does “no-fault state” mean, then, practically speaking? It signifies you are entitled to receive compensation for your PIP claim regardless of who caused the crash. You could be entirely at fault and still receive compensation from your PIP insurance provider, and that compensation would typically cover your medical expenses and a portion of your lost wages. Not only that, but you can often receive compensation quickly after submitting your claim. Since you are entitled to benefits regardless of who caused the crash, the insurance company has only a few narrow grounds to deny your claim.

However, that convenience comes at a cost: Unless you sustain a severe injury, no-fault states do not permit you to bring a lawsuit against the other driver. The law in these states limits your recovery to your PIP policy’s benefits, which usually only compensate you for a portion of your lost wages and your medical bills. You do not receive any benefits for non-economic losses like pain and suffering.

Therefore, before you could bring a lawsuit against any other person responsible for your crash and injuries, you would need to show that your injuries were “severe” or “substantial.” These are terms defined by the law and typically encompass broken bones, disfigurement, and injuries that affect major body systems and functioning, or loss of limbs. Once you clear that initial hurdle, you can then proceed with a traditional, fault-based lawsuit. You would need to satisfy the four elements of an at-fault lawsuit — duty, breach, cause, and damages — before receiving any compensation.

Is Alabama a No-Fault Car Insurance State?

Alabama is an “At-Fault” State

All of these details lead us back to our original question: Is Alabama a no-fault state? The answer is no. Only twelve states are considered “no-fault” states. Alabama (and the remaining 37 states) are known as “at-fault” states. Compensation in these states is awarded based on who caused the crash. In other words, in Alabama, you are entitled to receive some compensation for your injuries only if you are not at fault in any way for the accident.

Alabama’s contributory negligence laws prohibit you from receiving any compensation if your carelessness contributed to the accident. Therefore, being found to be even one percent at fault, you can be barred from recovering any compensation whatsoever. Instead, our attorneys would have to show that the other party was 100 percent at fault for the accident. This involves filing a claim with the negligent driver’s insurance company. The at-fault driver should have bodily injury liability insurance that provides compensation for your personal injury as well as property damage liability insurance that pays for damage to your vehicle and other personal property.

In some cases, you can go beyond insurance and file a personal injury lawsuit or a wrongful death lawsuit if a loved one has died in the crash. Whether dealing with insurance or a lawsuit, our attorneys would have to show that another party was negligent and, therefore, liable for your damages.

In addition, claims in Alabama are governed by a statute of limitations, a deadline for filing a claim with either your own insurance company or the at-fault driver’s insurer. According to Alabama Code Section 6-02-38, you generally have two years from the date of the accident to file a claim, or you will also likely be barred from receiving any compensation.

Alabama is not a no-fault state, which means that in Alabama you must prove the other driver was 100 percent at fault in your crash before you can receive any compensation.

How Car Accident Lawyers Prove Negligence

How Our Attorneys Can Help

Proving negligence is essential in Alabama, and our attorneys will do everything possible to find all parties who were at fault. We will:

• Examine the scene and investigate the circumstances surrounding your crash
• Gather evidence such as photos and videos from traffic cameras, and police and medical reports
• Interview witnesses, first responders, police, and medical personnel
• File all necessary paperwork in a timely manner
• Consult expert witnesses and get their testimony on your behalf
• Correspond with and conduct negotiations with insurance companies and other attorneys
• Build your case and take it to trial, if necessary.

To win your case, our attorneys would have to show:

• Duty: The defendant owed you a duty of care not to cause harm.
• Breach: The defendant breached that duty, such as by driving recklessly and speeding through a red light.
• Cause: This breach caused the accident.
• Damages: You suffered damages as a result.

Damages Our Car Accident Lawyers May Win for You

In a successful case, our attorneys can win a damage award that covers both your economic (monetary) losses and your non-economic damages that are more difficult to quantify in terms of dollars and cents.

Economic Damages

These include the cost of your:

• Medical, rehabilitation, and ongoing costs
• Lost income, both now and into the future
• Damage to your vehicle and other property.

Non-Economic Damages

These damages cover the intangible physical and emotional pain and suffering, including:

• Anxiety and depression
• Nervousness
• Grief
• Worry
• Shock
• Loss of enjoyment of life
• Humiliation, indignity, and embarrassment that may result from your injuries.

Your case is more likely to be taken seriously if you have an attorney at your side to fight for your rights. Call us today at (251) 444-7700.

Call Our Attorneys for Help Getting the Compensation You Deserve

If you or a loved one has been injured or someone has died in a vehicle crash in Alabama, call the personal injury car accident lawyer in Orange Beach at Caldwell Wenzel & Asthana for help. We know the courts, the judges, and the system and will work aggressively in pursuing the settlement you deserve. We understand how insurance companies and their lawyers operate, and we are not afraid to take your case to court if necessary. We always look out for your interests and fight for justice and the optimum compensation possible.

Call us today at (251) 444-7000 for your free, confidential consultation. We work on a contingency basis, so there are no fees until and unless we win your case.