Created by FindLaw's team of legal writers and editors | Last reviewed January 16, 2019
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Let's say that you're driving in heavy traffic on I-65 after work. It's pretty much stop-and-go traffic, and you can't wait to get home and relax. Then, suddenly, bam! The car behind you rear-ends your vehicle. It doesn't seem like a major accident, but the other driver is blaming you. What do you do now? What rights do you have to recover damages? Read on to learn about the Alabama car accident settlement process and timeline.
Yes, in some cases. You must report to the Alabama Department of Public Safety ("DPS") within 30 days of an accident, if:
Like many other states, Alabama is an "at-fault" (also known as tort system) state when it comes to car accidents and insurance coverage. The person who is at fault is liable for all losses and damages. Alabama requires every driver to purchase a liability insurance policy, which does not cover your personal injuries or damages to your car. However, drivers can purchase additional insurance coverage for more protection.
Alabama requires drivers to purchase a policy that meets the following minimum coverage:
If you don't meet this minimum requirement, you can get your license suspended and face fines up to $1,000.
First of all, you should call the police or 911 immediately after the accident, even if you think the accident is minor. Then, exchange information with the other driver and make notes on traffic and weather conditions. Never apologize or make statements regarding who is to blame for the accident. To recover damages from an accident caused by another driver, you have the following options: (1) file a claim under your own insurance policy, (2) file a claim with the other driver's insurance company, or (3) file a lawsuit.
If you file a claim with an insurance company, adjusters will evaluate damages and offer you a settlement. Keep in mind that you aren't obligated to accept any initial offers. Settlement negotiations can be tricky if you don't know how much your car accident claim is worth. Check out FindLaw's list of do's and don'ts when you speak to insurance adjusters.
Most car accident cases are settled through insurance companies or during mediation in a civil lawsuit. In Alabama, you can recover both economic and noneconomic damages, which include lost wages, pain and suffering, and medical expenses.
Unlike the majority of states, Alabama applies the contributory negligence standard when fault is shared among the parties. Under this standard, you won't be able to recover any money damages if you contributed to the accident. For example, if you forgot to use your blinker when you were changing lanes, you could be found partially at fault, which means you can't get recover any damages.
In Alabama, you have two years from the day of the accident to make a claim for personal injury and property damage. After that two-year period, the courts will most likely deny your case, which takes away your right to recover damages.
Because Alabama imposes strict deadlines and the contributory negligence standard, it's important to ensure that you are not barred from bringing a lawsuit against another driver who was at fault. While making a car accident claim may be simple, things can get complicated very quickly if you were seriously injured or the other driver is blaming you for the accident. Before agreeing to a settlement, contact an experienced car accident attorney in Alabama to ensure your interests are being represented.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions about your accident. Many attorneys offer free consultations.