Alabama · Car accident claims: what to do next

Car accident claims: what to do next in Alabama

In Alabama, the driver who caused the crash usually pays. But if your own carelessness helped cause it, you may get nothing.

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Filing deadline2 years for most injury claimsAla. Code § 6-2-38(l)
Fault ruleContributory fault bars recoveryU.S. District Court (M.D. Ala.): Zatarain v. Swift Transportation (2011), applying Alabama law
Insurance systemAt-fault (no PIP)Alabama Department of Insurance: The tort system
Driver written reportWithin 30 daysCode of Alabama § 32-7-5: Driver written report

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

The short answer

Whose insurance pays after a crash in Alabama?
Alabama is an at-fault state. The driver at fault, through their insurance, may have to pay your medical bills, lost wages and pain and suffering. Alabama does not require PIP coverage that pays no matter who caused the crash. [2]
Can I file a claim against the other driver in Alabama?
Yes. There is no injury test you must pass first, as there is in no-fault states. But the other side can argue that your own carelessness helped cause the crash. If they prove it, you usually get nothing. [1]
What is different about Alabama's fault rule?
Alabama usually bars your claim if your own carelessness helped cause the crash. That is true even if the other driver was careless too. The other side must raise this as a defense. Not wearing a seat belt does not count as carelessness under this rule. [1]
Is there a deadline to sue after a crash in Alabama?
Yes. Most injury lawsuits must be filed within 2 years. A claim for a death must be filed within 2 years of the death. Exceptions can apply, and a lawyer can tell you which deadline fits your crash. [5]

01 · Your filing deadline

What is the deadline in Alabama?

Alabama usually allows 2 years to file an injury lawsuit after a crash. Exceptions can apply. A claim for a death must be filed within 2 years after the death. A lawyer can confirm yours.

2 years for most injury claims

Source: Ala. Code § 6-2-38(l) · as of Oct 5, 2026

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

Woman on the phone on her sofa, smiling
A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Cases from Alabama can be heard in Jefferson County Circuit Court — Birmingham Division, Birmingham Municipal Court. A lawyer can tell you which court fits your case.

Who pays: the driver at fault

Alabama is a tort state, the state insurance department says. That means the driver at fault pays. If a driver is at fault for a crash that hurts others, their insurance pays claims for medical bills, lost wages and pain and suffering, up to its limits. Alabama has no no-fault system and no PIP rule.

In Alabama, no one may drive or register a car without liability insurance. To fix your own car, you can claim from the at-fault driver's insurer, if they have one. Or you can use your own collision coverage if you have it.

How fault is shared

Alabama uses contributory negligence. This rule usually bars your claim if your own carelessness helped cause your injury. It does not matter that the other driver was careless too. The driver you claim against must raise this as a defense.

One rule limits this defense. In Alabama, not wearing a seat belt is not proof of carelessness under this rule. It also does not limit what an insurer must pay.

Coverage drivers must carry

Alabama policies must cover at least $25,000 per person and $50,000 per crash for injuries you cause. They must also cover $25,000 for property damage. The state insurance department calls this 25/50/25.

Source: Code of Alabama § 32-7-6: Required security and minimum limits · as of Oct 5, 2026

Source: Code of Alabama § 32-7-6: Required security and minimum limits · as of Oct 5, 2026

Each policy must also have uninsured motorist coverage at those injury amounts, unless the buyer turns it down. It helps after a crash with a hit-and-run driver or a driver with no insurance. It can also help when the other driver has too little.

If a driver with no insurance caused a death, an injury or more than $500 in damage to one owner, you can send form SR-31 to ALEA's Safety Responsibility Unit. You can file it only if you have not been paid for your losses. You can find it on ALEA's forms page.

Source: Alabama Law Enforcement Agency: Form SR-31, Safety Responsibility claim form · as of Oct 5, 2026

Reporting the crash

After a crash with an injury or death, drivers must stop and stay at the scene. They must help anyone who is hurt and share their name, address and plate number. Cars in a crash with an injury or death may not be moved until an officer says so. In a city, tell the local police right away. Outside a city, tell the county sheriff or the state highway patrol.

Within 30 days, each driver must send a written report to the state. This applies if anyone is hurt or killed, or if one person has more than $250 in property damage. Officers who look into a crash send their report to the state within 24 hours after they finish. You can buy a copy from ALEA, the state law enforcement agency, for $15 online or at a driver license office. State law limits who can buy one.

Source: Code of Alabama § 32-7-5: Driver written report · as of Oct 5, 2026

Source: Alabama Law Enforcement Agency: Crash report copies · as of Oct 5, 2026

Deadlines

Most Alabama injury lawsuits must be filed within 2 years. A claim for a death must be filed within 2 years after the death.

Alabama's strict fault rule and its 2-year limit make the details of a crash matter, and exceptions can apply to any deadline. People's Justice is not a law firm. We do not review your crash or recommend a lawyer. If you want, you can use the form on this page to ask to be connected with a law firm that pays us to advertise.

Jefferson County Circuit Court — Birmingham Division

716 Richard Arrington Jr Blvd N, Birmingham, AL 35203

Court website

Birmingham Municipal Court

801 N 1st Ave, Birmingham, AL 35203

Court website

Alabama

What is different about Alabama?

If your own carelessness helped cause the crash, you usually get nothing, even if the other driver was careless too. The driver at fault may have to pay your medical bills, lost wages and pain and suffering.

Source: U.S. District Court (M.D. Ala.): Zatarain v. Swift Transportation (2011), applying Alabama law · as of Oct 5, 2026

Source: Alabama Department of Insurance: The tort system · as of Oct 5, 2026

Alabama

Local offices and resources in Alabama

How this works nationally

For the overall process and updates, read the Car accident claims: what to do next overview. This page covers the local information available for Alabama.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Alabama? Read what applies in your state.

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Sources

  1. U.S. District Court (M.D. Ala.): Zatarain v. Swift Transportation (2011), applying Alabama lawOct 5, 2026
  2. Alabama Department of Insurance: The tort systemOct 5, 2026
  3. Code of Alabama § 32-7-6: Required security and minimum limitsOct 5, 2026
  4. Code of Alabama § 32-7-5: Driver written reportOct 5, 2026
  5. Ala. Code § 6-2-38(l)Oct 5, 2026
  6. Ala. Code § 6-2-38(l)Oct 5, 2026
  7. Alabama Department of Insurance: Tort and no-fault statesAlabama Department of Insurance: Tort and no-fault states
  8. Code of Alabama § 32-5B-7: Seat belt use and contributory negligenceCode of Alabama § 32-5B-7: Seat belt use and contributory negligence
  9. Code of Alabama § 6-5-410: Wrongful deathCode of Alabama § 6-5-410: Wrongful death
  10. Code of Alabama § 32-10-5: Immediate crash reportsCode of Alabama § 32-10-5: Immediate crash reports
  11. Alabama Law Enforcement Agency: Crash report copiesAlabama Law Enforcement Agency: Crash report copies
  12. Alabama Department of Insurance: Auto insurance FAQAlabama Department of Insurance: Auto insurance FAQ
  13. Alabama Law Enforcement Agency: Mandatory liability insuranceAlabama Law Enforcement Agency: Mandatory liability insurance
  14. Code of Alabama § 32-7A-4: Liability insurance requiredCode of Alabama § 32-7A-4: Liability insurance required
  15. Code of Alabama § 32-7-23: Uninsured motorist coverageCode of Alabama § 32-7-23: Uninsured motorist coverage
  16. Alabama Law Enforcement Agency: Form SR-31, Safety Responsibility claim formAlabama Law Enforcement Agency: Form SR-31, Safety Responsibility claim form
  17. Alabama Law Enforcement Agency: Driver license formsAlabama Law Enforcement Agency: Driver license forms
  18. Code of Alabama § 32-10-1: Duties of drivers after a crashCode of Alabama § 32-10-1: Duties of drivers after a crash
  19. Code of Alabama § 32-10-2: Duty to give information and aidCode of Alabama § 32-10-2: Duty to give information and aid
  20. Code of Alabama § 32-10-7: Police crash reportsCode of Alabama § 32-10-7: Police crash reports

What the public record says

These are cited sources. Their inclusion does not imply that they endorse People’s Justice or reviewed this page.

Checked against 6 primary sources by People's Justice editors · Updated

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