Jefferson County Circuit Court — Birmingham Division
716 Richard Arrington Jr Blvd N, Birmingham, AL 35203
Court websiteAlabama · Car accident claims: what to do next
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 deadline | 2 years for most injury claimsAla. Code § 6-2-38(l) |
|---|---|
| Fault rule | Contributory fault bars recoveryU.S. District Court (M.D. Ala.): Zatarain v. Swift Transportation (2011), applying Alabama law |
| Insurance system | At-fault (no PIP)Alabama Department of Insurance: The tort system |
| Driver written report | Within 30 daysCode of Alabama § 32-7-5: Driver written report |
Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
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.
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.

02 · Where cases are 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.
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.
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.
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
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
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.
716 Richard Arrington Jr Blvd N, Birmingham, AL 35203
Court website801 N 1st Ave, Birmingham, AL 35203
Court websiteAlabama
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
$25,000 per person, $50,000 per crash
Alabama also requires $25,000 for property damage.
Source: Code of Alabama § 32-7-6: Required security and minimum limits · as of Oct 5, 2026
Alabama
Within 30 days
Drivers must report in writing a crash with an injury, a death or more than $250 in damage to one person's property.
Source: Code of Alabama § 32-7-5: Driver written report · as of Oct 5, 2026
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.
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Alabama Department of Insurance · Publisher of the state auto insurance FAQ
Finding: You may file a claim with the at-fault party's insurance company if they are insured. If you have collision coverage, your own insurer can pay for the damage.
Alabama Department of Insurance: Auto insurance FAQ (opens in a new tab) · Sep 26, 2026 · Checked Oct 5, 2026
Checked against 6 primary sources by People's Justice editors · Updated
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