An accident with an uninsured driver in Montgomery can be a scary experience. You might be worried about how you will pay for your medical bills or fix your car when the person who hit you does not have insurance.
The steps you take in the next few days will shape whether you recover fair payment or end up covering the costs yourself. Our experienced Montgomery car accident lawyers can help you deal with this situation.
What Happens if an Uninsured Driver Hits You in Alabama?
Alabama follows a “fault” system for car accidents. This means the person who caused the crash is responsible for the damages. When that person is uninsured, the responsibility for paying usually falls back on your own insurance company through a specific type of coverage. If you do not have the right coverage, you might have to pay out of pocket unless you take legal action.
Steps to Take Immediately After Being Hit by an Uninsured Driver
What you do at the scene and in the hours afterward affects the strength of your claim. Follow these steps:
1. Call 911 and Report the Accident
A police report creates an official record of what happened and documents that the other driver has no insurance. Ask for a copy of the report or the report number before leaving the scene.
2. Get Medical Attention Right Away
Some injuries do not show symptoms immediately. A medical exam creates documentation linking your injuries to the crash. Gaps in treatment give insurance companies a reason to question your claim.
3. Collect Evidence at the Scene
Take photos of vehicle damage, road conditions, traffic signs, skid marks, and your injuries. Get the other driver’s name, address, phone number, and license plate number. Collect contact information from witnesses.
4. Do Not Admit Fault or Apologize
Alabama follows one of the strictest fault rules in the country. If you are found even 1 percent at fault for the accident, you may be completely barred from recovering any compensation under Alabama’s contributory negligence doctrine. A casual apology can be used against you later.
5. Notify Your Insurance Company
Check your policy for UM coverage and report the accident promptly. Many policies require timely reporting.
6. Contact a Montgomery Car Accident Lawyer (Before Giving Recorded Statements!)
Insurance adjusters, including those from your own company, are trained to look for ways to reduce or deny your claim.
Does Alabama Require Uninsured Motorist Coverage?
Under Alabama Code § 32-7-23, every automobile liability insurance policy issued in the state must include Uninsured Motorist (UM) coverage. This coverage is designed to pay for your injuries when the at-fault driver has no insurance.
While the law requires insurance companies to offer it, you are allowed to turn it down in writing. If you did not sign a specific paper saying you do not want it, you likely have this coverage. This is the most helpful tool in an accident with uninsured drivers.
Can You Sue an Uninsured Driver Directly in Alabama?
You can sue the driver who hit you. Since Alabama is a fault state, you have the legal right to file a lawsuit against the person who caused the crash. Winning a lawsuit would result in a “judgment,” which is a court order saying the driver owes you a specific amount of money.
However, many people who drive without insurance do not have much money in the bank. If they cannot afford insurance, they may not be able to pay a large court judgment. This is why it is vital to look at all possible ways to get paid, including your own insurance policy.
What If the Uninsured Driver Has No Assets?
If a driver has no insurance and no money or property (assets), a lawsuit might not result in you getting paid. This is often called being “judgment proof.” In these cases, your lawyer will focus on your uninsured motorist coverage.
UM coverage acts as if it were the other driver’s insurance. It covers your medical bills, lost wages, and pain and suffering, just as the other driver’s insurance would have.
How Does an Uninsured Motorist (UM) Claim Work in Alabama?
Filing a UM claim means making a claim against your own insurance policy. Here is the general process:
You report the accident to your insurer and provide documentation of the crash, the other driver’s lack of insurance, and your injuries. Your insurance company investigates the accident, reviews medical records, and verifies that the other driver was uninsured. Once liability is established, you submit your claim for damages up to your UM policy limits.
Insurers often begin with low settlement offers, and dispute resolution through arbitration or litigation may follow if a fair settlement cannot be reached. Do not assume that because you are filing against your own policy, the process will be easy. Insurance companies are profit-driven businesses. They may try to undervalue your injuries or deny your claim outright.
A car accident lawyer can handle the back-and-forth with your insurer, counter lowball offers, and take the claim to arbitration or court if needed.
How Long Do You Have to File a Claim After an Uninsured Driver Accident in Alabama?
In Alabama, the statute of limitations for personal injury claims is generally two years (Alabama Code § 6-2-38) from the date of the accident. If you do not file a lawsuit within two years, you lose your right to get money for your injuries.
For UM claims against your own insurance, the timeline may differ because it is a contract issue, but you should still act as quickly as possible. Waiting too long can make it harder to find evidence and witnesses.
Why You Need a Montgomery Car Accident Lawyer After an Uninsured Driver Crash
An accident with an uninsured driver creates a complicated legal and insurance situation. Alabama’s contributory negligence rule means that even a small mistake on your part could wipe out your entire case.
Your insurance company may fight to minimize what they pay on your UM claim. And if you are considering a lawsuit against the uninsured driver, you need someone who can assess whether a judgment is collectible.
A Montgomery personal injury lawyer at Hunter | Everage can:
- Investigate the accident and preserve evidence before it is lost.
- Determine all available sources of compensation, including UM/UIM coverage.
- Handle all communication with insurance companies so you do not accidentally say anything that could hurt your claim.
- File your lawsuit within Alabama’s two-year deadline.
- Fight back against contributory negligence arguments that insurance companies use to deny your claim.
Contact Our Montgomery Car Accident Lawyer
Being hit by an uninsured driver is stressful, but you are not without options. Alabama law provides protections through UM coverage, and you may also have a direct claim against the driver who caused your injuries.
The attorneys at Hunter | Everage have years of experience handling car accident cases in Montgomery. Contact us at 704-377-9157 to request a free consultation case review.
