Alabama is one of the harshest states in the country for injured drivers, and small mistakes can wipe out an otherwise strong claim. From sharing one wrong post on social media to missing a single deadline, the factors that destroy car accident cases often have nothing to do with who actually caused the crash.
Below are seven of the most common reasons people lose their Alabama car accident cases, and why an experienced Huntsville car accident attorney can help you avoid these traps.
One Mistake Can End Your Case
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Being Even 1 Percent at Fault (Alabama’s Contributory Negligence Rule)
Most states reduce your compensation based on your share of fault. Alabama does not. Under the state’s pure contributory negligence rule, confirmed in John Cowley & Bros., Inc. v. Brown, 569 So. 2d 375 (Ala. 1990), even 1 percent of fault can completely bar you from recovering any compensation. Insurance adjusters know the contributory negligence rule, and they will look for any reason to pin a fraction of blame on you.
Missing the Two-Year Filing Deadline
Under the statute of limitations in Ala. Code § 6-2-38, car accident victims generally have two years from the date of the crash to file a personal injury lawsuit against the at-fault driver and their insurance company. If the driver of a government vehicle caused the collision, shorter notice deadlines under § 11-47-23 or § 11-12-8 may apply. If you miss the filing deadline for your car accident lawsuit, the court will almost certainly dismiss your case regardless of how clear the other driver’s fault may be.
Posting About the Crash on Social Media
A photo of you at a weekend cookout or a casual comment like “I’m doing fine” could become evidence that your injuries are not as serious as you claim. Insurance companies routinely search social media profiles for anything they can use to undermine your credibility. The safest approach is to stay off social media entirely until your case resolves.
Giving a Recorded Statement to the Other Driver’s Insurer
The other driver’s liability insurance company may call within days after the car crash to request a recorded statement. Their goal is to get you to say something that minimizes your injuries or suggests shared fault. You have no legal obligation to provide one, and doing so before consulting an experienced car accident lawyer can seriously harm your claim.
Gaps or Delays in Medical Treatment
When you wait weeks to see a doctor or skip follow-up appointments, insurers may argue that your injuries were not severe or not related to your serious car accident. Protect both your health and your case by seeking medical treatment as soon as possible after the crash and following your treatment plan consistently.
Accepting the First Settlement Offer Without an Attorney
Early settlement offers seldom reflect a claim’s full value. If an insurer extends a quick offer, it is safe to assume that they are hoping you will accept before you understand the true extent of your losses.
Learn More About What a Car Accident Attorney from Morris, King & Hodge, P.C., Does for You
Trying to Handle the Claim Yourself Against an Insurance Defense Team
Insurance companies employ trained adjusters, defense attorneys, and expert witnesses whose job is to pay you as little as they can get away with. Going up against the other insurance company’s team without legal counsel puts you at a serious disadvantage in the claims process.
Talk to a Huntsville Car Accident Attorney Before You Lose Your Case
Every mistake on this list can turn a denied car accident claim in Alabama into a permanent loss. Morris, King & Hodge, P.C. has protected injured clients across North Alabama since 1966.
Contact our law firm today for a free consultation with a trusted Huntsville car accident attorney who can help you avoid costly errors and fight for the maximum financial recovery you deserve.
