Uninsured & Underinsured Motorist Accident Lawyer in Alabama

Ordinarily, if you’re injured in an accident caused by another driver, you must file a claim with that driver’s insurance company. But what if the driver doesn’t have liability insurance — or their coverage limits are too low to cover all of your damages? In either situation, you need the help of an uninsured & underinsured motorist accident lawyer in Alabama. The right attorney might be able to help you recover the compensation you deserve.

Why Choose Us?

When you’re considering filing any kind of car accident injury claim, having the help of an attorney can significantly increase your chances of success. However, you shouldn’t just choose the first lawyer you find — it’s worth taking the time to do your research and select a firm with a track record of excellent outcomes. Here are a few reasons to consider Caldwell Wenzel & Asthana, PC:

• We have secured millions of dollars in compensation for our clients.
• We have more than 25 years of experience representing injured people.
• We are strong negotiators and experienced litigators.
• We have countless satisfied clients.
• We represent clients in individual cases and mass torts.

Not sure if our firm is the right fit for you? We encourage you to schedule a free, no-obligation consultation.

What Are Alabama’s Insurance Requirements?

Understanding Minimum Liability Insurance Requirements

Like most states, Alabama requires drivers to carry liability insurance. Every driver must have at least:

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

Given the cost of medical care and the value of many newer vehicles on the road, these policy limits often aren’t enough to cover an injured person’s damages. For instance, some brain injuries require lifelong care — and that care can cost hundreds of thousands of dollars over time.

Why does this matter? It’s important to realize that uninsured motorist insurance isn’t only necessary if you’re hit by someone without insurance. You may also need to file a claim if the responsible driver’s policy isn’t enough to compensate you for medical bills, lost wages, and other expenses.

What Should You Do if You’re Hit by an Uninsured Driver?

If you’re injured in an accident where the at-fault driver has no insurance, you have two main options for recovering compensation.

Filing a Lawsuit Against the Other Driver

Technically, you have the option to sue the at-fault driver for damages. However, this option rarely works in practice. Most uninsured drivers can’t afford insurance, so even if you win the case, you might not be able to recover any actual funds.

Hurt in a crash with an uninsured or underinsured driver? Call Caldwell Wenzel & Asthana, PC at (251) 444-7000 for a free consultation.

Filing a Claim Against Your Uninsured/Underinsured Motorist Insurance

While your lawyer can help you decide the best way to proceed, filing a claim with your uninsured/underinsured driver policy is usually the best option. Just like you would when filing a claim against another driver’s insurance, you may be able to recover damages for losses like these:

• Your medical bills
• Income lost while healing
• Cost of travel to medical appointments
• Estimated future medical costs and lost wages
• Pain, suffering, and inconvenience
• Car repairs.

When you file your claim, you should include as much supporting evidence as possible. The more evidence you have in support of your claim, the more likely it is to be approved.

Do You Need an Attorney to File an Uninsured Motorist Claim?

Some people make the mistake of thinking that because they’re filing a claim with their own insurance company, getting a claim approved will be easier. Unfortunately, this isn’t true. Insurance companies are primarily interested in maximizing profits, and filing a claim with your own insurance company is just as likely to result in a denial as a claim with another company.

You aren’t required to work with an attorney, but your lawyer can investigate your accident and negotiate with the insurer to increase your chances of a fair settlement.

FAQ

Suffering a major injury in a car accident can be disorienting even under the best circumstances. If your accident was caused by someone without insurance (or with insufficient insurance to cover your losses), you might have questions like these:

Can I use my uninsured/underinsured motorist coverage if I get hurt in a hit and run?

Yes. If you get hurt in a hit and run and police can’t find the responsible driver, you can file a claim with your uninsured/underinsured motorist coverage.

If I got hit by an uninsured driver but I was partially at fault, can I still recover compensation?

Unfortunately, no. Alabama uses a contributory negligence standard, meaning that if you contributed toward your accident in any way, you may not recover any damages. This is one of the strictest negligence rules in the country.

Can I sue an uninsured or underinsured driver who hits me?

Yes — although in many cases, filing a lawsuit may not be worth it. Many people who don’t have car insurance can’t afford it, so you may not be able to secure compensation.

Am I legally required to carry uninsured/underinsured motorist insurance?

No. Although the Alabama Department of Insurance strongly recommends it, you aren’t required to have uninsured/underinsured motorist coverage. If you don’t want uninsured/underinsured motorist coverage in your policy, you must opt out in writing.

Navigating the insurance claims process after an accident with an uninsured or underinsured driver can be a challenge, but we’re here to help. If you have any additional questions or need to schedule a consultation, get in touch with us!

Have You Been Hurt in an Accident With an Uninsured Driver?

We Aren’t Afraid to Stand Up for Your Rights

Our team is proud to advocate for injured people throughout Alabama. We’re skilled negotiators, but we thrive during high-stakes litigation, and we’re not afraid to take your case to trial if needed. When insurance companies know we’re ready to take your case to court, they’re often more willing to offer you reasonable compensation.

If you’ve been injured by an uninsured or underinsured driver, the Caldwell Wenzel & Asthana, PC team is here for you. Call (251) 444-7000 or get in touch with us online to get started with a free consultation today.