Alabama Car Accident Frequently Asked Questions

Yes. If you have been in a car accident of any kind, you should call the police immediately, even if the accident initially appears to be minor. Often injuries are not immediately apparent at the accident scene, but later worsen in the hours, days, and weeks after an accident.

It is always better to call law enforcement and report the accident as soon as possible at the accident scene to prove that the accident occurred and to help show who was at fault in causing the accident.

You should document or record the following information as soon as possible after a car accident:

• The names, phone numbers, and addresses of all persons involved in the accident — if you can, take a picture of their driver's license — including any witnesses
• The insurance information for the other driver(s) involved in the accident — if you can, take a picture of their insurance card
• The location, date, and time of the accident

Yes. You should take pictures of all vehicles involved in the accident as soon as you reasonably can — from the accident scene to the details of the damage to any of the vehicles. If your body shows physical signs of trauma, you should also take pictures of your injuries.

The more record keeping the better. Recording this information will help you more accurately recall the details of your accident and will help document the facts and circumstances in cases where there may be a dispute as to what occurred.

Immediately after an accident you should assess whether you have sustained any injuries. If your injuries involve any form of head trauma or "whiplash" forces to your head or neck areas, or if you are not sure of the extent of your injuries, you should immediately call 911 and go to the hospital for assessment by medical professionals.

Despite what insurance representatives sometimes imply, nothing requires you to give the negligent driver's insurance company a recorded statement to resolve your property damage or injury claim.

The only reason the negligent driver's insurance company wants to record your conversation is so they can later use some or all of your statements against you to offer you less money in settlement — or, under Alabama's contributory negligence rule, to deny your claim entirely. They will use your recorded statements to:

• Dispute the liability of their insured driver
• Argue that you were partially at fault for causing the accident
• Dispute the extent of your injuries

Giving a recorded statement to them never benefits you and can only harm your claims.

In many ways. Insurance adjusters often seek recorded statements within hours or days of an accident — before you know the full extent of your injuries. When asked early on if they are injured, many people answer with something like "I'm a little sore, but I think I'm OK."

Then the following day — or days later — they suddenly feel like they've "been hit by a truck" and can hardly get out of bed. What seemed like minor soreness may turn out to be a herniated disc or other long-term injury requiring expensive, life-long medical care.

The recorded statement you gave immediately after the accident no longer describes your current condition. The negligent driver's insurer will say that it does — and use it to minimize what they pay you.

If you have "collision" coverage, you have two options: (1) go through your own insurance company, or (2) go through the insurance company for the negligent driver. It is usually easier to go through your own insurance company.

Your insurance company will be reimbursed for whatever they pay from the negligent driver's insurer — they are merely advancing the vehicle compensation payments. If you do not have collision coverage, you must wait for the negligent driver's insurer to accept liability and go through them.

Yes. Most collision coverages have a deductible ranging from $500 to $2,000. If your insurance doesn't waive the deductible, and you actually incur the deductible expense, the negligent driver's insurer will later reimburse you for that deductible amount when they reimburse your insurer.

If the negligent driver's insurance company is promptly accepting responsibility, you can go through them. However, the at-fault driver's insurer usually needs to see the full crash report and speak with their insured before accepting responsibility. The actual crash report typically takes anywhere from 2–10 days to be completed by the investigating officer. Most people can't go without transportation during that time.

Further, if the negligent driver's property damage coverage isn't enough to cover your damages, your collision coverage will still pay the full value — and it will be the insurer, not you, who is left less than fully compensated.

Your property damage claim is your claim against the negligent driver's insurance company for the damage to your vehicle and any other property damaged in the accident.

Your bodily injury claim is your claim for your physical injuries. The negligent driver's insurer usually assigns a different adjuster for your property damage than for your bodily injury claim — so you should be assigned both a property damage adjuster and a bodily injury adjuster.

No, not at all. Your property damage claim and injury claim are completely separate. Unlike your injury claim, there rarely is much an attorney can do to get you more compensation for your vehicle than what you can get on your own.

If your vehicle is repairable, the insurance company will pay for the repairs and provide a rental car while your vehicle is being repaired. If your vehicle was a total loss, the insurance company will estimate its value based on make, model, mileage, and condition. Make sure the total loss estimate reflects your vehicle's actual options and accessories.

Yes. Your car and injury claims are separate and independent. When speaking with the property damage adjuster, however, avoid letting any adjuster record your conversation (they must ask permission first), and never discuss your injuries without an attorney present.

Your property damage claim for the damage to your car is usually resolved within 1–3 weeks after the accident. Determining the full extent of your injuries and the amounts of your medical bills usually takes considerably longer.

Yes. Not going to the emergency room immediately does not eliminate your claim. However, it is always recommended you seek medical treatment promptly to have your injuries documented by a medical professional.

The type and amount of compensation depends on the nature of the accident and the extent of your injuries. Recoverable damages include:

• Hospital, medical, and doctor bills
• Lost wages
• Pain and suffering
• Disability or disfigurement
• Other damages, losses, and out-of-pocket expenses resulting from the accident

Alabama applies a rule called pure contributory negligence. Under this rule, if you are found to be even 1% at fault for the accident, you may be completely prevented from recovering any compensation from the other driver — even if they were 99% at fault.

This makes Alabama's contributory negligence rule one of the strictest in the country. It is one of only a handful of states that still applies this rule. Because of this, insurance companies for the at-fault driver will look for any evidence — including things you say in a recorded statement — to assign you even partial blame and deny your entire claim.

This is why it is absolutely critical to consult with an experienced Alabama car accident attorney before speaking with any insurance company after an accident.

Crashes on the Florida side of the state line are handled under very different rules. See our guide on why Alabama and Florida car accident law are worlds apart.

Alabama requires all registered vehicles to carry a minimum of $25,000 per person / $50,000 per accident in bodily injury liability insurance, plus $25,000 in property damage liability coverage (often written as 25/50/25). This is the minimum required — many drivers carry higher limits.

However, even though BI insurance is required in Alabama, not every driver actually maintains adequate coverage. This is why uninsured/underinsured motorist (UM) coverage remains critically important.

In Alabama, the negligent driver is personally responsible for the injuries and damages they cause. If the driver was acting within the scope of their employment at the time of the accident, their employer's bodily injury insurance may also apply. It is important to determine the bodily injury coverage limits of all potentially applicable insurance policies — the driver and any employer — before ever considering any settlement.

While you are always entitled to bring a claim against the at-fault driver, actually collecting money from them is — as a practical matter — almost always limited to the amount of available insurance. When the at-fault driver is uninsured or underinsured, your own uninsured/underinsured motorist (UM) coverage is often the only practical way to be fully compensated for your injuries and losses.

In a hit-and-run situation, your UM coverage also applies, making it an essential protection for Alabama drivers.

In Alabama, the statute of limitations for personal injury claims — including car accident injuries — is two (2) years from the date of the accident. If you do not file a lawsuit within that two-year window, your claim will generally be barred forever.

Do not wait. Evidence disappears, witnesses forget details, and insurance companies use delay to their advantage. The sooner you contact an experienced attorney, the better protected your rights will be.

UM/UIM insurance is an optional coverage in Alabama that compensates you, your resident family members, and any passengers in your vehicle for car accident damages caused by a driver who either does not have car insurance, or does not carry enough to pay the full amount of the damages caused.

• Uninsured: The other driver has no insurance at all
• Underinsured: The other driver has insurance, but the limits aren't enough to cover your full damages. Your UM/UIM coverage pays the gap up to your own UM limits.
• Hit-and-run: Treated the same as an uninsured motorist claim

UM insurance is the only automobile insurance coverage available to compensate you and your family for damages in the unfortunate event you or a member of your family are the victim of an uninsured or underinsured driver.

Everyone injured in a motor vehicle accident because of the fault of another needs to consult with an experienced car accident personal injury attorney — and the sooner the better. The consultation is completely free, and delaying in making the call can often significantly affect your legal rights.

In Alabama, this is especially true because of the state's contributory negligence rule. Insurance companies know that if they can find any reason to assign you even partial blame, they may owe you nothing. You need an attorney who understands Alabama law from day one to protect your claim. An experienced attorney will:

• Investigate all available insurance coverages and policy limits
• Protect you from harmful recorded statements and lowball settlement offers
• Ensure all of your medical treatment is properly documented
• Counter any attempt to use Alabama's contributory negligence rule against you
• Maximize the full value of your bodily injury claim
• Handle all communications with the insurance companies

Nothing. At Dean & Camper Injury Lawyers, we never charge any fees or costs unless we win. That means you will never pay us anything out-of-pocket. We pay you when we get you a money recovery on your injury claim.

If in the unlikely event we don't get you a money recovery on your injury claim, you won't owe us anything — regardless of how much time, effort, or expense we put into your claim.

A contingency fee means our payment is contingent on winning — we only get paid if we recover money for you. It is very different from how most other attorneys charge.

Family law attorneys, criminal defense attorneys, and most other lawyers typically bill by the hour or require a large retainer up front, and you owe those fees no matter how your case turns out. Car accident and personal injury lawyers work on a contingency fee instead: you pay nothing up front, and our fee is simply a percentage of the money we recover for you. If we don't get you paid, you don't pay us.

This arrangement lets anyone — regardless of their financial situation — afford top-quality legal representation, and it keeps our interests aligned with yours: we only win if we get you paid.

The percentage of attorney fee an attorney receives upon obtaining a settlement or judgment for a client depends on what stage the money recovery occurs, and whether liability is admitted or denied by the defendant(s) if a lawsuit is filed. Typically, personal injury attorneys receive 33 1/3% of any settlement they are able to obtain for you if you are able to resolve your injury claim without having to file a lawsuit, and 40% when a lawsuit is filed and liability is denied by the defendant(s).

Attorney fees and costs are two separate things. The attorney fee is the percentage of your recovery that the law firm earns for its legal work — the contingency fee. Costs (sometimes called case expenses) are the out-of-pocket expenses required to investigate, build, and pursue your claim, such as medical record fees, police reports, expert witness fees, and court filing fees.

At Dean & Camper, we advance all of these costs for you, and you owe nothing for either fees or costs unless we win. When we recover money for you, the fee and the costs we advanced are paid from the recovery.

Costs vary with the complexity of your claim, but common car accident case costs include:

• Obtaining medical records and bills
• Police and accident reports
• Expert witnesses (such as accident reconstructionists, medical experts, or economists)
• Postage, copying, and mailing
• Deposition and court reporter fees
• Court filing fees and other litigation expenses if a lawsuit is filed

We advance all of these costs as your case moves forward, so you never pay anything out of pocket — they are simply reimbursed from your recovery at the end of the case.

No. The vast majority of car accident personal injury claims settle with the negligent driver's insurance company without having to file any lawsuit at all. Whether your injury claim is settled before or after a lawsuit is filed mostly depends on the amount of the applicable insurance policy limits, and whether and when the negligent driver's insurance company makes a fair and reasonable settlement offer.

Because of the percentage nature of the contingency fee agreement when you hire a car accident attorney, the more money your lawyer recovers for you, the more your lawyer gets paid. That keeps your interests and ours aligned — you can rest assured your attorney is highly motivated to get you as much money as possible as compensation for your claim.

We will give you our honest assessment of whether an offer fully reflects your medical bills, lost wages, pain and suffering, and the lasting effects of your injuries, and we will tell you when we believe an offer is fair and when it is not.

If the insurance company for the negligent driver refuses to make a fair and reasonable settlement offer to cover your damages, a lawsuit will likely need to be filed to force them to do so. Because the attorney fees owed on any settlement your attorney obtains for you usually increase to 40% once a lawsuit is filed and liability is denied, and because filing a lawsuit involves more costs the further it progresses, the decision whether or not to file a lawsuit is typically a cost-benefit analysis. To make sure you are making the right decision, you need an experienced, local car accident attorney to help you fully understand and evaluate the value of your claims, and what strategy will put the most money in your pocket once a settlement is reached.

There are major benefits — and almost no downside — to having an experienced attorney handle your injury claim:

• No money required up front. It costs you nothing to hire us. We work on a contingency fee, so you never pay anything out-of-pocket to get started.
• We advance all the costs. We pay the expenses of building your case — accident investigation, medical records, expert witnesses, court filing fees, and more — so you don't have to.
• The lawyer assumes the risk. If we don't recover money for you, you owe us nothing — not our fee and not the costs we advanced. The financial risk is ours, not yours.
• You almost always put more money in your pocket. Insurance companies routinely offer unrepresented people far less than their claims are worth. In our experience, injury victims represented by an attorney usually recover substantially more — typically enough to more than cover the attorney fee and still leave you with more money than you would have received on your own.
• Represented victims recover far more. According to the Insurance Research Council (IRC), injured victims who are represented by a lawyer receive, on average, settlement amounts 3.5 times higher than victims with no attorney.

Injury victims represented by an attorney tend to recover more for several concrete reasons:

• Accurate Claim Valuation: Attorneys thoroughly document and calculate all medical expenses, lost wages, future treatment costs, and non-economic damages like pain and suffering that self-represented individuals often overlook.
• Leverage Against Insurance Tactics: Insurance companies frequently extend low initial settlement offers to self-represented claimants because they know they lack the leverage or legal knowledge to fight back effectively.
• Threat of Litigation: Attorneys can file formal lawsuits or take cases to trial. This pressure forces insurance companies to offer fairer payouts to avoid unpredictable courtroom verdicts.