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Who’s Responsible for Medical Bills After a Car Accident in Alabama?

Posted on November 28, 2024

alabama car accident medical bills

The at-fault party is responsible for medical bills after a car accident in Alabama. This is because the state follows fault-based insurance laws. Whoever is liable for causing the accident will be expected to cover not only the injury victim’s medical bills but their damages in full.

Working with a top-rated Alabama car accident lawyer from Drake Injury Lawyers may be the best way to ensure the at-fault party is brought to justice. Here is more about how you can demand the liable party compensate you for every single loss.

Alabama Auto Insurance Laws

Alabama operates under a fault-based insurance system, meaning the driver responsible for causing the accident is also responsible for covering the resulting damages. This can be accomplished through:

  • The at-fault driver’s auto insurance policy – Victims can file a third-party claim against the at-fault driver’s insurance since Alabama is a fault insurance state according to the Alabama Department of Revenue.
  • Your own auto insurance policy – If the at-fault driver is uninsured or underinsured, your policy may cover your expenses if you have appropriate coverage. However, always consult your legal representative before filing a claim against your own policy, as your auto insurance rates may increase.
  • A personal injury lawsuit – When insurance is insufficient, you can pursue a lawsuit to recover the full value of your damages. This should include compensation for not only your medical bills and vehicle repair costs but your emotional distress, pain and suffering, and other non-economic damages as well.

Under the Code of Alabama § 32-7-6(4), Alabama also requires drivers to carry minimum liability insurance of:

  • $25,000 per person for bodily injury liability coverage
  • $50,000 per accident for bodily injury liability coverage
  • $25,000 per accident for property damage liability coverage

However, these minimums may not fully cover serious injuries or the full value of your claim. For this reason, you should always prepare to move forward with a personal injury lawsuit in court.

What to Do After a Car Accident in Alabama

Taking the right steps immediately after a car accident can help you build the strongest case possible against the liable party. In the aftermath of your car accident, you should:

  • Get to safety – Move to a safe location if possible, but do not leave the scene of the accident.
  • Call 911 – Report the accident and request medical assistance. A police report will also serve as vital evidence for your claim.
  • Document and preserve the crash scene – Take photos or videos of the vehicles, damages, injuries, and road conditions.
  • Exchange information with the driver who hit you – Collect the other driver’s name, contact information, insurance details, and license plate number.
  • Seek medical attention – Even if you feel fine, visit a doctor to document any potential injuries. Some injuries, like whiplash or internal injuries, may not appear immediately.
  • Consult a personal injury attorney: An experienced car accident lawyer can guide you through the claims process and protect your rights.
  • Contact your insurance company – Report the accident to the insurer but do not provide a recorded statement without consulting with or having your truck accident attorney present.

Alabama Car Insurance Claim FAQ

What is the statute of limitations on car insurance claims in Alabama?

In Alabama, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident according to Code of Alabama § 6-2-38. However, insurance companies often have their own deadlines for filing claims, so it’s crucial to act quickly.

What if I’m partially at fault for the accident?

Alabama follows contributory negligence laws under Alabama Rules of Civil Procedure Rule 8(c). These are some of the strictest shared fault laws in the country. If you are found even 1% at fault, you may be barred from recovering any compensation. This makes it critical to have an attorney who can present compelling evidence to prove liability.

What do I do if insurance doesn’t cover all my medical expenses?

If the at-fault driver’s insurance policy doesn’t fully cover your medical bills, you may have other options. For example, you might file a claim under your own uninsured/underinsured motorist coverage or pursue a civil claim to recover any remaining damages.

Get Help From a Leading Alabama Car Accident Attorney Today

Although the liable party will be expected to compensate you for the total value of your damages, it may take filing an insurance claim and personal injury lawsuit to get the compensation you deserve. Fortunately, your dedicated Alabama personal injury attorney from Drake Injury Lawyers has extensive experience handling motor vehicle accident claims.

Our firm will exhaust every opportunity for legal recourse to ensure the at-fault party covers your medical bills and other economic and non-economic damages. When you are ready to take action on your claim, contact our law office to request a no-cost, risk-free consultation. You can reach us by phone or through our confidential contact form to get started on your case as soon as today.