Overview
Unlike many states, Alabama doesn't require drivers to carry uninsured motorist coverage, so if you're hit by a driver with no insurance and you rejected that coverage on your own policy, recovering compensation can be much harder. If you do carry uninsured motorist coverage, which insurers must offer at the same minimum limits as liability coverage, you can typically file a claim through your own insurer instead. Either way, Alabama's contributory negligence rule means the insurance company will scrutinize your own conduct closely before paying anything. Injury Case Pro can connect you with an Alabama attorney experienced in these more complicated claims.
Frequently Asked Questions
What should I do if the driver who hit me in Alabama has no insurance?
If you carry uninsured motorist coverage, you'll typically file a claim with your own insurance company, since Alabama doesn't have a state fund that pays these claims directly. If you rejected uninsured motorist coverage or don't have it, your options are more limited and may require pursuing the at-fault driver's personal assets directly, which is often difficult if they have little to collect. Either way, get a police report and document everything at the scene, since that evidence matters no matter which path your claim takes.
Why doesn't Alabama require uninsured motorist coverage?
Alabama law only requires insurers to offer uninsured motorist coverage with every policy; it doesn't require drivers to actually carry it, and you can reject it in writing. Many drivers reject it to save money without realizing how common uninsured and underinsured drivers are on Alabama roads. This is one of the more significant gaps in Alabama's insurance framework compared to states that mandate this coverage outright.
Can I sue an uninsured driver directly in Alabama?
Yes, you can file a lawsuit against an uninsured driver personally, but collecting on a judgment is a separate challenge if that person doesn't have significant assets or income to pursue. This is why uninsured motorist coverage on your own policy is often the more realistic path to actual compensation. An attorney can help evaluate whether pursuing the driver directly makes sense in your specific situation.
Does Alabama's contributory negligence rule apply to uninsured motorist claims too?
Yes, contributory negligence can still come into play even when you're filing against your own uninsured motorist coverage, since your insurer is essentially standing in the at-fault driver's shoes for purposes of the claim. If your own insurer can show you were even slightly at fault for the accident, it can potentially deny your uninsured motorist claim entirely. This makes careful documentation and legal guidance especially important in these cases.
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Get A Free Case Review →This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and every case is different. Contact us to discuss the specific facts of your situation.
