Alabama, like most states, requires motorists to carry auto insurance. Unfortunately, many individuals choose to drive without it. If you were injured in an accident that resulted from an uninsured motorist’s carelessness, you still have options for securing compensation for your losses.
Our Mobile uninsured car accident attorney at the Morris Bart law firm can help you pursue an insurance claim and examine your policy. We can also file a lawsuit on your behalf against the person responsible for your accident and your injuries.
Recoverable Damages in an Uninsured Motorist Accident Case
Our Mobile car accident lawyer will help you identify and calculate your economic and non-economic losses so you can seek fair compensation. Your recoverable damages may include the following:
- Medical expenses: Medical expenses for injuries can accumulate rapidly following a car accident. The costs of emergency care, surgery, hospitalization, doctor’s visits, and medication are often included as damages in these cases.
- Vehicle and property damage: You can seek compensation for repairing or replacing your vehicle and other personal property damaged in the accident.
- Income-related damages: If you lost income due to missing work or face diminished future earning capacity, you could ask for compensation for these losses.
- Pain and suffering: You might have suffered injuries that caused you significant pain and suffering. You can request compensation for this.
How Can You Recover Compensation in an Uninsured Motorist Accident?
You can recover compensation by filing a claim with your insurer or by filing a personal injury lawsuit against the at-fault driver. If you decide to file a lawsuit, you have to do so according to the state-mandated filing deadline. The deadline is outlined in the statute of limitations.
The statute of limitations for personal injury lawsuits in Alabama is typically two years, according to AL Code § 6-2-38.
It’s critical to file before this deadline runs out, or you might not be able to receive compensation. Some exceptions could also make your filing timeline even shorter. A Mobile uninsured car accident lawyer will ensure your lawsuit is filed correctly and on time.
For a free legal consultation with a Uninsured Car Accident lawyer serving Mobile, call 800-537-8185
How Our Mobile Uninsured Car Accident Lawyer Can Prove Negligence
There are a few reasons why some people drive without insurance, but often it’s because they can’t afford it. This doesn’t excuse their illegal actions, however, and you could be able to take action against them. Uninsured motorists expose others on the road to significant financial harm.
A Mobile uninsured car accident attorney can prove negligence by establishing the following legal elements:
- The uninsured motorist owed you a duty of care, as all drivers on the road do
- The motorist breached that duty by driving negligently
- Their negligence was the reason you were in an accident
- The breach of duty caused you to incur financial and personal losses
If the other motorist is proven negligent, your personal injury attorney will request compensation for your accident and injury-related losses.
Does Your Insurance Policy Help Cover Your Losses?
Alabama has a fault-based auto insurance system. Therefore, when a driver is at fault for the accident, they will generally be considered liable and required to compensate you for damages. However, if the motorist was uninsured, this is not possible.
Fortunately, motorists can protect their financial interests by ensuring their policy has uninsured/underinsured (UM/UIM) coverage. If you have this policy, we can help you recover compensation by filing a claim with your insurer.
According to the Alabama Department of Insurance (ALDOI), drivers must maintain a minimum amount of liability insurance. The current auto insurance liability requirements in Alabama are 25/50/25, or:
- $25,000 bodily injury liability limit per person
- $50,000 maximum for all bodily injuries for any one accident
- $25,000 maximum for property damage per accident
What Should You Do if You Were Involved in a Mobile Car Accident?
When you are involved in an accident, there are a few steps you can take to protect your safety and begin building your case.
After your uninsured motorist accident, you should:
Call 911 if You’ve Been Injured
Before you do anything else, contact emergency medical services or go straight to the hospital if there’s any possibility you are injured. Even if your injuries don’t seem significant, complications could manifest later. In any case, attend to your health first. If you are able to answer, law enforcement may begin asking you questions about the accident at this time.
Contact Law Enforcement
Even if you don’t require emergency services, you must talk to the police and make an accident report. The police can help us identify the liable driver and create an accident report. In addition, they will document your accident’s details, which you will need later for an insurance claim or lawsuit. A police report should be a good source of information in determining who might be at fault for the accident.
Exchange Driver Information
Typically the police officer will require each motorist to complete a form requesting relevant information, such as each driver’s name, address, phone number, license, and plate number. If they do not, attempt to collect as much information from the other driver as possible.
Notify Your Insurer
You will likely file a claim under UM/UIM coverage with your insurance company. Therefore, contacting the agency soon after the collision is vital to ensure they will cover your accident. If you consult with an attorney first, they can handle this on your behalf. This could be beneficial as they will ensure the agent doesn’t obtain any information that could be used against you.
Remember, you may also consider filing a lawsuit against the responsible driver if you don’t have UM/UIM coverage or if your losses exceed your coverage limits. For legal help with an insurance claim or lawsuit, please consult an attorney as soon as possible.
Contact Our Mobile Uninsured Car Accident Lawyer Today
At the Morris Bart law firm, we are committed to helping our injured clients seek compensation from the party who caused their accident. We are here to assist if you need legal help after an uninsured motorist accident. Contact us today for a free, confidential, no-obligation case review.
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