If you were hurt in a car accident, you may be preparing to file an insurance claim seeking compensation for your crash-related injuries and losses. It can be a challenging process, but working with an experienced car accident lawyer from Morris, King & Hodge, P.C., can help take the pressure off you and allow you to focus on healing.
Here is a closer look at how to submit an insurance claim in Alabama.
How the Insurance Claim Process Works in Alabama
Alabama has a fault-based insurance system for compensating car accident victims. That means a driver who causes a crash is generally financially responsible for the resulting damage.
After an Alabama car accident, an injured person can usually pursue compensation by filing a claim against the at-fault driver’s insurance policy. In some cases, they may also turn to their own auto insurance coverage, depending on the circumstances and the type of policy they carry.
Because fault plays such a central role in car accident cases, the Alabama insurance claim process for a car accident focuses on who caused the collision and whether the available evidence supports the injured person’s claim for compensation.
Your First Steps: Reporting the Accident and Notifying Insurers
The process of filing an auto insurance claim in Alabama begins with fulfilling some specific legal and practical responsibilities after a crash.
First and foremost, always stop your car and exchange information with the other driver. Call 911 to report the crash to the police and get emergency medical personnel to the scene.
Under Alabama law (Section 32-7-5 Report Required Following Accident), you must also file a written report (using Form SR-13) within 30 days of any collision involving injury, death, or at least $250 in property damage.
After that, the claim moves into the insurance system. Report the accident to your insurance company, and the other driver should do the same. Avoid providing any information beyond the basic facts of the crash or speculating on causation or fault.
What Documentation You’ll Need to Support Your Claim
When you file a car accident insurance claim in Alabama, you’ll need records supporting your claim of how the accident happened, the injuries you suffered, and the financial and personal losses you have experienced. The stronger your documentation, the more difficult it will be for the insurance company to deny or dispute your claim or undervalue your losses.
Some material to gather and organize includes:
- The crash report and other documented evidence
- Photos of the accident scene, the vehicles, and your injuries
- Your medical bills and medical records
- Proof of your lost wages or missed work
- Repair estimates or property damage records
- Contact information for any witnesses
- Any letters, emails, or claim numbers from the insurer
There may also be important digital documentation that could support your claim. For example, it is worth reviewing any dashcam or surveillance footage and cell phone records that could help show what happened in the moments leading up to the crash or confirm that the other driver was using a mobile device while driving.
Filing a Claim with the At-Fault Driver’s Insurance vs. Your Own
The main path to compensation in Alabama’s fault-based system involves filing a claim with the at-fault driver’s liability insurer. However, in some cases, you may also need to file a claim under your own policy, depending on the coverage available and the facts of the crash.
For example, your policy may provide benefits that apply even when another driver caused the accident. One of the most common circumstances in which you would file with your own insurer is when the other driver is uninsured or lacks sufficient coverage.
What to Do If the Other Driver Is Uninsured or Underinsured
If the other driver has no insurance or not enough coverage, you may be able to seek compensation through your own uninsured motorist (UM) or underinsured motorist (UIM) coverage. Alabama law requires auto policies issued in the state to include UM/UIM coverage, unless you reject UM/UIM coverage in writing.
Review your policy with your attorney to better understand your options for a UM/UIM claim after a car crash.
What Happens After You File: Adjusters, Investigations, and Negotiations
After you file an insurance claim, and the insurance company receives it, the insurer will assign an adjuster to review it. This stage is the insurance company’s initial opportunity to evaluate liability, the extent of the injuries, and the value of the losses you’re claiming.
The insurance claims adjuster will gather basic information about the crash, review the police report, analyze photos and medical records, inspect vehicle damage, and speak with you and the others involved. Avoid giving a recorded statement without your attorney’s counsel. Insurance adjusters are trained to employ tactics to get you to accept a lowball offer or jeopardize your claim altogether.
The insurer’s investigation may take some time. Disputes around fault or injuries that require ongoing treatment can extend the timeline.
Once the company has completed its investigation, the insurer will begin negotiating with your Huntsville car accident lawyer. The company may accept your claim, deny it, or make an initial offer that does not fully cover your losses. Settlement negotiations can continue as more evidence becomes available.
The negotiation process can affect the outcome of your claim, so be sure to approach it carefully. Trust your attorney to take the lead.
Alabama’s Contributory Negligence Rule and Why It Affects Your Claim
One key Alabama law could significantly affect your personal injury claim. The contributory negligence rule bars you from recovering compensation if you are found to be as little as 1 percent at fault for the accident.
Given the harshness of the contributory negligence rule, it is important to have our experienced Alabama car accident lawyers on your side. We can push back against unfair attempts to blame you for the accident and deprive you of the right to the financial recovery you deserve.
When and Why to Get an Attorney Involved Early
If you are facing the aftermath of an Alabama collision, get help from the Huntsville car accident lawyers at Morris, King & Hodge, P.C., right away to find out more about your legal rights and options. Securing prompt legal representation can go a long way toward making sure you have access to the evidence necessary to strengthen your car accident claim and avoid attempts to pin the blame on you unfairly.
Contact our office now to get started with your free consultation with an experienced personal injury attorney at our law firm.
One Misstep Can Cost You Your Claim
For 60+ years, our Huntsville attorneys have helped injured Alabamians file strong claims, push back on lowball offers, and recover what they deserve — over $168 million and counting. Get a free case review today.
