What Are Your Rights After an Uninsured/Underinsured Motorist Accident in Alabama?
Being involved in a car accident is a stressful and overwhelming experience. But when the at-fault driver is uninsured or underinsured, the situation can be even overwhelming. Car accident cases can be challenging to navigate; however, you don't have to face them alone.
Understanding your rights and options is crucial in these circumstances, especially in Alabama, where strict state laws can significantly impact your ability to recover compensation for your damages. At Whit A. Thomas, Attorney at Law, we are committed to providing experienced legal guidance to help you pursue the compensation you need.
What Is Uninsured/Underinsured Motorist Coverage?
Uninsured/underinsured motorist (UM/UIM) coverage is designed to protect you when the at-fault driver does not have sufficient insurance to cover your losses. While Alabama law requires all drivers to carry liability insurance, not everyone does. UM/UIM coverage can step in to help in certain circumstances, such as:
When the at-fault driver has no insurance.
When the at-fault driver’s insurance is insufficient to cover your losses.
If you are the victim of a hit-and-run accident, where the driver cannot be identified.
Even when drivers have insurance, their coverage limits might not be enough to address the full extent of the damages. In these cases, UM/UIM coverage can often help cover your losses.
Is Alabama a Fault or No-Fault Car Accident State?
Alabama is a fault state, meaning that when a car accident occurs, the at-fault driver is responsible for covering the damages resulting from the accident. This system is also referred to as a "tort" system. Under this arrangement, the injured party has three primary options for pursuing compensation after an accident:
Filing a claim with their own insurance company: If you carry collision coverage or another applicable policy, you can typically file a claim with your insurer, who may then seek reimbursement from the at-fault party's insurance.
Filing a claim against the at-fault driver’s insurance: You can file a claim directly with the at-fault driver's insurance company to recover damages.
Filing a personal injury lawsuit: If a fair settlement cannot be reached, you have the right to sue the at-fault driver to recover compensation for expenses such as medical bills, lost wages, and pain and suffering.
Since Alabama operates under a fault system, you are not restricted to your own insurance policy for compensation. However, it’s important to note that Alabama follows a strict "contributory negligence" rule. This means that if you're found to be even slightly at fault for the accident—even just 1%—you are barred from recovering any compensation. This law underscores the importance of proving clear liability in every auto accident case.
The at-fault system provides flexibility for victims to pursue damages, but it also places substantial importance on determining fault after an accident. For this reason, drivers who have been involved in accidents are encouraged to seek legal guidance if they face disputes or challenges regarding liability or insurance claims.
Alabama UM/UIM Coverage Requirements
Although Alabama law mandates that insurance providers offer uninsured/underinsured motorist coverage, you are not required to purchase it. However, unless you explicitly reject UM/UIM coverage in writing, your policy will likely include it by default. Many drivers opt to keep this coverage as it provides valuable protection in uncertain situations.
What to Do After an Uninsured/Underinsured Motorist Accident
If you’ve been involved in an accident with an uninsured or underinsured driver in Alabama, it's essential to take steps to protect your rights and future claims. While there may be additional steps you need to take depending on the circumstances of the accident, you should always take the following actions:
Call the police: Call law enforcement and file an accident report to document the incident. This report can be critical if you need to pursue a UM/UIM claim.
Gather evidence: Take photos of the accident scene, vehicle damage, and any visible injuries. Collect contact information from witnesses.
Seek medical attention: Even if you feel fine, get a medical evaluation. Some injuries may not be immediately apparent and could lead to long-term complications if left untreated.
Notify your insurance company: Report the accident as soon as possible to initiate the claims process.
Consult an attorney: An experienced lawyer can help you understand your rights and help you pursue the compensation you need.
Potential Compensation After an Accident
With UM/UIM coverage, you may be entitled to recover a wide range of damages after an accident. The most common types of compensation include, but are not limited to, the following.
Medical expenses: This includes coverage for both immediate and long-term healthcare costs related to your injuries.
Lost wages: This provides monetary compensation for any time missed at work due to your injuries.
Pain and suffering: This includes non-economic damages for the physical and emotional impact of the accident.
Property damage: This offers coverage for the costs to repair or replace your vehicle and other personal property.
How an Attorney Can Help
Navigating UM/UIM claims can be complicated since they often involve negotiations with your own insurance company. If you've been injured in an accident, an experienced personal injury attorney can help you pursue a UM/UIM claim by:
Investigating the accident and gathering necessary evidence.
Evaluating the full extent of your damages.
Handling communications and negotiations with the insurance company.
Fighting for your rights to ensure you receive the maximum compensation you deserve.
Contact Whit A. Thomas, Attorney at Law, for Assistance
If you’ve been involved in an accident with an uninsured or underinsured motorist, you don’t have to face the legal process alone. At Whit A. Thomas, Attorney at Law, we’re committed to helping you understand your rights and options in these challenging situations.
Located in Foley, Alabama, we proudly serve residents throughout Baldwin County. Contact us today to schedule a free initial consultation and learn how we can advocate for you.