alabama uninsured motorist when to get attorney

If you get into legal trouble for driving without car insurance in Alabama, you can pay your fines and serve your time, or you can contact a criminal defense attorney. If you get hit by someone without insurance, that’s the time to consider how a personal injury lawyer can help.

Full Answer

Do I need an uninsured/underinsured accident lawyer in Alabama?

At a minimum, consult a car accident attorney or uninsured / underinsured accident lawyer in Alabama if you have been in an accident and have questions about your right to claim UM benefits.

Can I reject UM/UIM coverage in Alabama?

Unfortunately, although Alabama law requires insurance companies to offer UM/UIM coverage as explained above, the law also allows you to reject UM/UIM coverage if you so choose.

Who pays for damages after an accident in Alabama?

Alabama law requires every vehicle being operated on public highways to be covered by a liability insurance policy (Ala. Code §32-7A-4), which means the insurance company covering the driver who hit you, should be responsible for paying for the damages you incurred due to the accident, whether it be property damage or bodily injury.

What is uninsured/underinsured motorist coverage?

Additionally, because this type of insurance coverage is called uninsured/ underinsured motorist coverage, there is another way in which a UM/UIM policy can provide compensation for you in the event of a car accident.

How does uninsured motorist coverage work in Alabama?

Uninsured motorists coverage protects you directly. This coverage pays if you are injured by a hit-and-run driver or a driver who does not have auto insurance. This coverage in effect takes the place of the insurance that the other driver should have purchased but did not.

Does Alabama have uninsured motorist property damage?

Editorial and user-generated content is not provided, reviewed or endorsed by any company. No, you do not need uninsured motorist property damage (UMPD) insurance in Alabama. In fact, drivers in Alabama do not even have the option to purchase UMPD coverage.

What happens if the person at-fault in an accident has no insurance in Alabama?

Your uninsured motorist coverage should pay for the property damage to your vehicle once you prove that the uninsured driver caused the car accident. However, if you do not have uninsured motorist coverage, you may need to file a claim under your collision coverage.

Does Alabama have underinsured motorist coverage?

UM/UIM stands for “Uninsured Motorist/Underinsured Motorist,” and the statutory minimum for this coverage in Alabama is $25,000. Provided you have the minimum amount of coverage, your own insurance policy will pay for the damages that you incur as the result of an accident with an uninsured motorist.

What is a comprehensive deductible?

Your comprehensive deductible is defined as the amount you pay out of pocket to repair or replace your vehicle after your claim is approved; this means that the remaining costs are covered by your insurance company (up to the actual cash value of your vehicle).

Do I need uninsured motorist coverage if I have health insurance?

Health Insurance Will Not Pay for Lost Wages or Pain and Suffering. But, you can have the best health insurance in the world and you should still get UM coverage because health insurance only pays for Medical treatment. In a serious car accident, you are entitled to more than just medical treatment.

How long does an insurance company have to pay a claim in Alabama?

Insurance companies in Alabama have 75 days to settle a claim after it is filed. Alabama insurance companies also have specific timeframes in which they must acknowledge the claim and then decide whether or not to accept it, before paying out the final settlement.

Is Alabama a not at fault state?

Several of our clients want to know, is Alabama a no-fault state? Alabama is an at-fault (or “tort”) state, where drivers who cause an accident and their insurance companies are responsible for the other driver's damages resulting from a crash.

Is Alabama a PIP state?

No, personal injury protection (PIP) is not required in Alabama. PIP is not even available in Alabama. Instead of PIP insurance, Alabama insurance companies offer medical payments insurance (sometimes called MedPay), which helps with hospital bills resulting from a car accident.

Can you stack uninsured motorist coverage in Alabama?

The amount of uninsured motorist coverage available to an injured person requires a detailed understanding of Alabama law. Alabama allows injured persons to “stack” uninsured motorist coverage.

What is underinsured motorist coverage?

Uninsured motorist insurance protects you if you're in an accident with an at-fault driver who doesn't carry liability insurance. Underinsured motorist coverage steps in when you're in an accident with an at-fault driver whose liability limits are too low to cover the medical expenses of any injured people.

What is an uninsured motorist?

Uninsured motorist and under-insured motorist coverage is a portion of an individual’s insurance policy that allows a car accident victim to utilize their own policy in the event that the at-fault driver either has no insurance or not enough insurance to fully compensate the injured party. This type of coverage is also used in hit-and-run accidents.

Does Alabama have uninsured motorist coverage?

In the state of Alabama, all auto insurance companies are required to provide uninsured and under-insured motorist coverage on every policy they offer, regardless of whether that type of coverage is requested. The only way an insurance provider can legally not provide this coverage under Alabama’s Uninsured Motorist Statute is to have the insured party sign a written wavier stating that they elect to not receive this coverage.

Does Alabama have UM and UIM?

The only way an insurance company in Alabama cannot provide UM & U IM coverage is to have the insured sign a written wavier ...

Can an insurance company provide UIM in Alabama?

The only way an insurance company in Alabama cannot provide UM & UIM coverage is to have the insured sign a written wavier stating they do not want this coverage.

Can you stack insurance in Alabama?

While Alabama UM law does allow the stacking of insurance coverage it only allows a person to stack 3 cars on one insurance policy; however, you can stack an unlimited number of insurance policies.

Resourceful personal injury law firm pursues justice in Dothan and vicinity

Alabama law requires motorists to carry liability insurance to compensate accident victims. Unfortunately, too many motorists violate the statute. According to the Insurance Information Institute, 19.5 percent of Alabama drivers did not have insurance in 2019, making Alabama the seventh worst state for insurance noncompliance.

How often are motorists uninsured?

As the state’s uninsured motorist rate exceeds the national average of 12.6 percent, there is an increased chance that the liable driver in your case will lack the coverage to pay your claim. You should also keep in mind that many motorists will only purchase the statutory minimum level of insurance, which in Alabama is:

What should a victim do following an accident with an uninsured motorist?

Your auto insurance policy must include uninsured motorist (UM) coverage. This means that when an uninsured motorist cannot cover your losses, your own insurer must indemnify you. Despite years of paying premiums, your insurer might be reluctant to provide the payment you are owed.

What happens after an accident with an uninsured motorist?

Though Alabama law requires drivers to carry liability insurance, the penalties are relatively minor unless there are extenuating circumstances. At most, someone operating a vehicle without sufficient insurance can receive a fine of $500 to $1,000, a driver's license suspension of 180 days and three to six months of jail time.

Are hit-and-run accidents covered by UM?

Yes. If you are the victim of a hit-and-run accident and you cannot identify the person who struck you, your uninsured motorist coverage will pay for your losses up to the limits of your policy.

Compensation from an uninsured motorist claim

Your health insurance may cover your physical injuries following an accident, but there are other types of harm that medical coverage does not address. You might miss work and lose income. Moreover, the physical pain and mental anguish you have suffered are compensable losses.

What Are the Alabama Car Insurance Requirements?

Alabama’s car insurance laws mandate that all drivers and vehicle owners have liability insurance. The law requires that you carry a minimum of $25,000 per person ($50,000 max per accident) in liability coverage for bodily injury. In addition, you must carry at least $25,000 in personal property damage liability coverage.

The Risk of Uninsured Drivers in Alabama

Data from the Insurance Information Institute shows that, on average, 12.6% of American drivers do not have car insurance coverage. Alabama’s numbers fall far below the average. In fact, almost 20% of Alabama motorists are uninsured, ranking our state the seventh worst in the United States.

What Are the Penalties for Driving Without Insurance in Alabama?

If you drive without insurance, you could face misdemeanor criminal charges. The penalties for driving uninsured in Alabama could put you in jail for up to six months. You could face a fine of up to $3,000 or more, depending on how many times you get caught. You could also lose your driver’s license and vehicle registration for six months or more.

How Does Uninsured Motorist Work?

When you add uninsured motorist coverage to your policy, you have coverage to fall back on when you need it. If the at-fault driver does not have insurance, you can submit a claim on your policy. You can purchase coverage that pays for medical treatment as well as property damage.

How Much Uninsured Motorist Coverage Do I Need?

To determine how much uninsured motorist coverage you need, consider what it might cost if you have a serious accident.

When Should You Contact an Alabama Car Accident Attorney?

If you get into legal trouble for driving without car insurance in Alabama, you can pay your fines and serve your time, or you can contact a criminal defense attorney. If you get hit by someone without insurance, that’s the time to consider how a personal injury lawyer can help.

Fob H. James, IV

Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law.

What Is Uninsured Motorist Insurance?

The uninsured motorist insurance definition comes as no surprise. Uninsured motorist (UM) coverage is an add-on component to a standard auto insurance policy. UM provides coverage when the policyholder has an accident with a motorist who does not have insurance.

What Does Uninsured Motorist Insurance Cover?

Typically, UM pays for your injury treatment and that of your passengers, if applicable. Depending on your policy, UM may also pay for property damage if the other driver was at fault.

Do the Alabama Insurance Laws Require Uninsured Motorist Insurance?

Alabama’s Mandatory Liability Insurance Law requires motorists to carry liability insurance. Minimum coverage limits are $25,000 bodily injury (per person), $50,000 bodily injury (aggregate), and $25,000 in personal property coverage.

Is Uninsured Motorist Coverage Worth It?

According to the Insurance Research Council, as many as one in eight U.S. drivers are uninsured . Although Alabama requires motorists to carry liability insurance, your chances of getting into an accident with an uninsured motorist are significant. If you don’t carry UM coverage, you may not have any way to pay for your medical treatment.

What If the Insurance Company Denies Your Uninsured Motorist Claim?

Sometimes, even your own insurance company could deny your claim. In other cases, the insurer might agree to pay only a fraction of your claim’s actual value. If that happens, an experienced personal injury lawyer can help.

Schedule a Free Consultation with an Alabama Car Accident Lawyer

After an accident, you need someone on your side. The experienced attorneys of the Fob James Law Firm will fight tirelessly to get you the justice and fair financial compensation you deserve. Our attentive and highly personalized level of service gets results, as you can see from our past settlements and awards.

Fob H. James, IV

Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law.