Drivers in Alabama are required to carry a certain amount of liability insurance. If you were involved in a car accident but did not have insurance, you might be worried if you can recover compensation at all.
Fortunately, a lack of car insurance will not prevent you from pursuing damages against a negligent driver. Alabama is an at-fault state, meaning you can seek compensation from a negligent driver through their car insurance coverage. If the other driver does not have insurance or does not carry enough coverage for your injuries, you can also file a lawsuit. The fact that you did not have insurance will not be held against you when determining the compensation you are owed.
Regardless of your insurance status, our Alabama car accident lawyers can help you get the compensation you deserve. For a free case review, call Howe Law today at (844) 876-4357.
What Happens in an Alabama Car Accident If I Do Not Have Insurance?
Getting into a car accident without insurance can find you in a difficult position, but you are not without options. While drivers are required to carry car insurance in Alabama, they are not prevented from recovering compensation for their injuries. Some states have what are known as “no-pay, no-play” rules that prevent uninsured drivers from pursuing damages after an accident, regardless of whether the other driver was at fault. Alabama does not use these “no-pay, no-play” rules. In fact, Alabama uses an at-fault system for car accidents. This means that you might receive a traffic citation for driving without insurance, but you will not be prevented from filing a claim or collecting damages.
Alabama Car Insurance Requirements
Alabama requires all drivers to carry liability car insurance. Under Alabama law, individuals may not register or operate a vehicle without being covered by liability insurance. A car insurance policy is intended to cover a driver’s expenses for medical treatment, lost wages, and other costs because of their injuries. Drivers in Alabama must carry at least the minimum coverage for three types of liability coverage:
- $25,000 for bodily injury or death to a person
- $50,000 for bodily injury or death to more than one person
- $25,000 for property damage
This represents the minimum coverage required, but additional coverage could be purchased. If a negligent driver’s insurance has higher policy limits, you could recover the compensation you need to cover your damages. However, if a driver only had the minimum coverage, you can still file a lawsuit to recover additional damages.
At-Fault Insurance Rules in Alabama
Alabama is an at-fault state. In an at-fault state, drivers can recover compensation from the driver responsible for the accident, either by filing an insurance claim or a lawsuit. In a no-fault state, injured drivers file with their own insurance to receive compensation. Fortunately, both options to recover compensation will be available even if you did not have insurance when the accident occurred.
Whether you file an insurance claim or a lawsuit, you will need to prove that the other driver was to blame for causing your injuries. If you are filing an insurance claim against a negligent driver’s insurance policy, you will want to make sure they have policy limits high enough to compensate you fully. You can file a lawsuit to recover the remaining amount if they do not.
However, it is a different problem if the other driver does not have insurance. Without uninsured motorist insurance, essentially, your only option to recover compensation will be through a lawsuit. As long as the driver’s identity is known, they can be named in a lawsuit. If a driver fled the scene, it could still be possible to identify the driver so a lawsuit can be filed. Our Alabama personal injury lawyers can help you determine the options available to recover compensation for your injuries.
How Do I Prove That the Other Driver Was At Fault for My Alabama Car Accident?
Proving that another driver was at fault for your injuries requires more than just accusing the other driver of negligence. Evidence needs to be provided, either to an insurance company or admitted in court, to show that the incident occurred in the manner you describe. Evidence relevant to a car accident case can come from many different sources, but when looked at together, it can illustrate a clear picture of how an accident happened.
Obtaining evidence is a different challenge in and of itself. Some parties might be reluctant to share information with you regarding your accident but will likely be more willing to cooperate if an attorney is making the request. The following are common types of evidence that our Alabama car accident lawyers can help you collect:
- Accident reports
- Medical records
- Photos of the scene
- Photos of your injuries
- Physical evidence from the scene
- Property damage estimates
- Property records
- Contractual agreements
- Eyewitness statements
- Personal recollections
- Expert witness statements
- Surveillance and smartphone footage
This evidence is vital to proving your injuries and ensuring the right calculations are made when valuing your case. Our Birmingham car accident lawyers can help you gather evidence to get the justice you deserve for your injuries.
How Long Do I Have to File an Alabama Car Accident Lawsuit?
Alabama’s time limit to file a lawsuit is known as the statute of limitations. According to Ala. Code § 6-2-38, there is a two-year deadline from the car accident date to file a lawsuit. The statute of limitations is very strict in Alabama. Unless your case falls under one of the rare exceptions to rule, the court will dismiss your lawsuit if filed after two years have passed. Our Alabama car accident lawyers can help you identify the deadline in your case to ensure that your lawsuit is filed in a timely manner.
Our Alabama Car Accident Lawyers Can Help
If you get into a car accident without insurance, our Birmingham personal injury lawyers can help you explore your legal options and the best way to recover compensation. Contact Howe Law at (844) 876-4357 for a free case assessment.