Being involved in a car accident is almost always a hassle, and in most cases, it creates a financial and logistical burden that can be particularly overwhelming if you are also dealing with accident-related injuries. But what happens when you get hit by an out-of-state driver in Alabama? Unfortunately, accidents involving out-of-state drivers often present additional hurdles.
The good news is that you do not have to singlehandedly manage the aftermath of a car accident with an out-of-state driver in Alabama. An experienced car accident attorney from Morris, King & Hodge, P.C., can handle all of the legal details for you.
For the past 60 years, our firm has fought to secure justice for injured people in Alabama, and we have recovered over $168 million through settlements and trial verdicts. Let us put our experience, knowledge, and resources to work for you now.
Contact our office now for a free consultation to discuss how we can help you file a claim against an out-of-state driver.
Injured by an Out-of-State Driver in Alabama?
We’ll handle the out-of-state insurers, jurisdictional details, and Alabama-specific laws working against your claim. Call now for a free case review!
Alabama Law Governs, Regardless of Where the Other Driver Lives
Accidents involving out-of-state drivers are straightforward in at least one way: All motorists in Alabama are subject to Alabama law, regardless of whether the other driver lives in Georgia, Tennessee, Mississippi, Florida, or another state or another country. That means the rules surrounding fault, compensation, deadlines, and insurance are based on Alabama law rather than the law of the at-fault driver’s home state.
Ultimately, the location of the accident matters more than the involved drivers’ addresses. That is critical because some people might assume the other driver’s insurance company can apply their home state’s rules to reduce or avoid liability. However, that is not how the process works.
What Out-of-State Drivers Don’t Know About Alabama’s Contributory Negligence Rule
While states do differ in how they handle car accident claims, many of the differences do not have a significant effect on drivers’ options or on how they go about pursuing compensation after a collision. However, Alabama has one law that may surprise out-of-state drivers. That is the contributory negligence law.
Under Alabama’s contributory negligence law, a driver who bears any degree of fault for causing a crash cannot recover any compensation for their injuries. That is the case whether they’re 99 percent responsible or 1 percent at fault. Alabama is one of the few states that still applies the harsh contributory negligence standard.
The contributory negligence law affects Alabama car accident cases by providing both sides with an incentive to blame each other. That means it is important to have an experienced Alabama car accident lawyer on your side who can push back against unfair attempts to blame you for the collision.
Can You Sue an Out-of-State Driver in Alabama?
Yes, you can sue an out-of-state driver in Alabama if the crash happened here. Alabama courts generally have jurisdiction over drivers who cause accidents on Alabama roads, even if the drivers live elsewhere.
Serving notice and dealing with an out-of-state insurance company may involve added steps, but the fact that the at-fault driver crossed state lines should not prevent you from filing an out-of-state driver car accident claim in Alabama.
Suing an out-of-state driver in Alabama is made easier by the fact that the crash scene, police report, medical treatment, and, in most cases, any witnesses are located here. That can make building and presenting your case more manageable.
When the Out-of-State Driver Is Uninsured or Underinsured
As an Alabama driver, you are not required to purchase uninsured/underinsured motorist (UM/UIM) coverage, although insurers must offer the coverage with all policies. However, if you do have UM/UIM coverage, you can use it if the out-of-state driver who injured you lacks the necessary coverage to pay for your losses. UM/UIM coverage can help pay for your medical bills and other losses when the at-fault driver lacks sufficient (or any) coverage.
Not surprisingly, claims involving uninsured or underinsured out-of-state drivers can quickly become complicated and lead to disputes over which insurance policy applies, how much coverage is available, and whether the insurance company is properly valuing your claim. The out-of-state driver’s insurer may attempt to deny coverage altogether. Your own insurance company may also resist paying the full amount you seek.
Our Alabama car accident attorneys can review all the policies involved and fight for the maximum compensation the law entitles you to receive.
How the Statute of Limitations Works When the At-Fault Driver Leaves Alabama
Ordinarily, the statute of limitations gives you just two years to file an Alabama out-of-state driver car accident lawsuit. After this time, you can no longer seek compensation through the court system. However, the rules get complicated when the at-fault driver leaves the state after the crash.
When the defendant is absent from Alabama, their absence may affect how the court calculates the limitations period. In some cases, the court may pause (or toll) the two-year clock while the other driver is out of the state.
These issues are seldom straightforward. Questions can arise concerning the duration of the driver’s absence, whether you could complete service of the lawsuit, and how Alabama courts apply the tolling rules to the facts at hand. For all those reasons, it is important not to wait to take legal action after a crash involving an out-of-state driver. Our skilled car accident lawyers can evaluate the timeline and file suit on time while addressing any issues related to the out-of-state driver’s absence.
Why These Cases Require an Experienced Alabama Car Accident Attorney
If you got hurt in a car accident caused by an out-of-state driver, you need an Alabama car accident lawyer with experience handling similar cases and a track record of successfully recovering compensation for drivers in challenging situations. Alabama’s state-specific laws, particularly the contributory negligence rule, have the potential to significantly impact your claims process, and our local attorneys are positioned to ensure the law is properly applied in your case.
At Morris, King & Hodge, P.C., we bring decades of experience and substantial legal resources to complex car accident cases involving out-of-state drivers. Contact us today for a free initial consultation to learn more about how we can support you and fight for the compensation you deserve.
Injured by an Out-of-State Driver in Alabama?
We’ll handle the out-of-state insurers, jurisdictional details, and Alabama-specific laws working against your claim. Call now for a free case review!
