When you’re hurt in a car accident, dealing with the physical pain and anxiety about how you’ll pay your bills can be overwhelming. If the at-fault driver doesn’t have insurance to cover all your damages, the stress can be even more challenging to handle. At Moore Law Firm, our car accident lawyers in Mobile, Alabama have helped more than 15,000 injury victims and their families get through difficult times and find the healing and justice they deserve. We help you understand how underinsured and uninsured motorist coverage in Alabama can give you peace of mind and ease your financial burden.
Key Takeaways
- If you’re the victim of a hit-and-run or an at-fault driver doesn’t have enough insurance, underinsured and uninsured motorist coverage can help pay your medical bills and other damages.
- Although uninsured/underinsured motorist coverage (UM/UIM) is optional in Alabama, including it in your policy provides a critical safety net if you’re injured in a crash.
- You may be able to maximize your recovery by “stacking” coverage if you own multiple vehicles with insurance coverage.
- It’s critical to find out what your policy covers before signing anything or accepting a settlement from the other driver’s insurer so you don’t forfeit your right to extra benefits.
What Is Uninsured/Underinsured Motorist Coverage?
Uninsured/underinsured motorist coverage (UM/UIM) is optional coverage you can add to your own auto insurance policy. It’s a vital source of compensation when the person responsible for an accident lacks the insurance or financial resources to pay for damages like medical bills, wage loss, pain and suffering, and property damage.
- Uninsured (UM) — Covers you if the other driver doesn’t have insurance or you’re the victim of a hit-and-run crash.
- Underinsured (UIM) — Covers you if the other driver has insurance, but their policy limits aren’t enough to pay for your total damages.
How the Law Can Impact your Uninsured Motorist Claim in Alabama
Our car accident lawyers in Mobile help you understand how Alabama insurance and liability laws may affect your claim.
The Fault System
Alabama is a fault state when it comes to personal injury claims. In a car accident case, this means that the person who causes a crash is legally responsible for any damages that result. Typically, if you’re injured in a crash that was someone else’s fault their insurance should cover medical bills, lost wages, pain and suffering, and other damages.
Alabama’s Contributory Negligence Rule
It’s important to keep in mind that under Alabama’s strict contributory negligence rule, if you are found to be even 1% responsible for an accident or injury, you may be barred from recovering any compensation from the at-fault driver. Although our Mobile car accident attorneys know how to counter blame-shifting tactics by insurers, your UM/UIM coverage provides an extra layer of protection when disputes about fault arise.
Minimum Coverage Limits
In Alabama, drivers are required to carry only $25,000 in bodily injury coverage. If you suffer a serious injury, surgery alone could easily eat up that $25,000. This is where underinsured (UIM) coverage comes in. Without it, you’re on the hook for the cost of your remaining medical bills if the at-fault party doesn’t have other resources to pay for them.
UM/UIM is Optional Coverage
In Alabama, insurance companies are required to offer uninsured motorist coverage, but you have the right to refuse it in writing. Because so many drivers in Alabama fail to carry insurance or have very low policy limits, our personal injury lawyers recommend that every driver keep this coverage as part of their auto insurance policy.
Understanding UM/UIM Stacking in Alabama
“Stacking” allows you to combine the UM/UIM limits from multiple vehicles to increase the total compensation available for your recovery.
- Multi-vehicle policies — If you have one insurance policy covering several cars, you can typically stack the underinsured or uninsured motorist coverage for up to three of those vehicles.
- Separate policies — If you own different vehicles insured under separate policies, you can often stack this UM/UIM coverage without the three-vehicle limit.
- Stacking eligibility — The primary policyholder and household family members are generally entitled to stack coverage to maximize their recovery.
- Occupant limitations — Stacking rights may not extend to passengers or guest drivers who are only covered because they were inside the vehicle at the time of the crash.
By combining these limits, you can significantly increase the funds available to pay for medical bills, lost wages, and other damages when the at-fault driver has insufficient insurance. For example, if you have $25,000 in uninsured motorist coverage and three cars on your policy, you might actually have $75,000 available to help pay for your medical care and other damages. This provides a much-needed financial cushion for families facing a long recovery.
Because every insurance policy is different, it is vital to have an Alabama car accident lawyer review your policy’s specific language to determine exactly how much stacked coverage is available to you.
Common Mistakes That Can Harm Your Alabama Uninsured Motorist Claim
Being mindful of some common errors that may jeopardize your claim can help you maximize the compensation you receive.
Dealing with Insurance Adjusters
Insurance adjusters may appear helpful and concerned about your well-being, but their primary goal is to settle your claim for the lowest possible amount. Providing a recorded statement, signing any documents, or accepting a settlement before the full extent of your injuries is known can permanently bar you from seeking further compensation. It is vital to consult with an attorney in Mobile before talking to any insurance representative.
Preserving Your Rights — The “Lambert” Rule
In Alabama, you must follow a specific notification process if you intend to file an underinsured motorist claim. If the at-fault driver’s insurance company offers you a settlement worth their full policy limit, you cannot accept payment without first notifying your own insurer. Failing to provide this formal notice allows your insurance company to refuse your UIM claim entirely. We handle this complicated notification paperwork to ensure your rights are fully protected throughout the process.
Reporting the Accident to Your Insurer
Although you’re paying your insurance company for coverage and peace of mind, it doesn’t mean they are on your side. Unfortunately, even your own insurer may try to employ tactics to reduce payouts or deny claims. That’s why it’s vital to provide clear evidence of the other driver’s fault and the full extent of your injuries to secure the fair compensation you’re entitled to receive.
Steps to Take After a Car Accident in Alabama
Taking these steps can strengthen your UM/UIM claim and any claims against an at-fault driver.
- Seek medical care —Going to the emergency room or urgent care right away ensures you get the medical treatment you need and provides valuable documentation of the accident and your injuries.
- Report the accident to law enforcement — A police report is often required for a UM/UIM claim, especially in a hit-and-run case or when an at-fault driver can’t be identified.
- Notify your insurance company — Informing your insurer promptly after a crash ensures you meet policy deadlines and preserves your right to seek UM/UIM benefits.
- Avoid recorded statements — Although you must report the accident to your insurer, you are not required to provide a recorded statement immediately.
- Document all damages — Keeping detailed records of medical bills, lost wages, property damage, and other accident-related expenses helps prove that the at-fault driver’s insurance is insufficient to cover your total losses.
- Confirm the other driver’s status — You’ll need to provide evidence that the at-fault driver either has no insurance or that their policy limits are too low to cover your damages.
If you’re involved in an accident, make sure to get the license, contact, and insurance information from any involved drivers. Take photos of the scene, damage to vehicles, and your injuries. If you’re unable to do so, ask someone to help if possible.
Recovering Damages in Uninsured Motorist Claims
Our attorneys know how a crash with an underinsured or uninsured motorist can impact your health and your family’s financial stability. We fight to help you recover compensation that covers the full scope of damages such as:
- Past and future medical expenses
- Lost wages
- Loss of earning capacity
- Permanent disability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
If you’ve lost a loved one in a crash, your UM/UIM coverage may provide wrongful death damages. However, these claims are complex and involve punitive damages, so consulting our personal injury attorneys is essential.
How Our Car Accident Attorneys Assist with Your UM/UIM Claim
It’s disheartening when your own insurance company treats you like an adversary. Our team at Moore Law Firm knows how to build solid claims and ensure all insurance protocols and deadlines are met. We take a deep dive into all of your insurance policies to find every available source of compensation, including potential stacking options you might not know you have.
Gathering Evidence
We work quickly to gather vital evidence you’ll need for both the at-fault party’s insurer and your own, including:
- Police reports, video footage, and witness statements
- Correspondence with insurance companies
- Your insurance declarations page
- The at-fault party’s insurance policy information, if it’s a UIM claim
- Medical records
Negotiating with Insurers
Whether we’re negotiating with an at-fault-driver’s insurance company or fighting to get the UM/UIM coverage you’re entitled to, our car accident attorneys offer the relentless advocacy you need and deserve. We know how to accurately value your claim and won’t back down in the face of powerful insurance companies. If they refuse to offer a fair settlement, we’re always prepared to pursue justice at trial.
Why Choose Our Mobile Car Accident Attorneys?
At Moore Law Firm, our personal injury lawyers treat you like family. With us, you get:
Decades of service and proven results— Since 1985, our personal injury law firm in Mobile, AL has helped more than 15,000 clients get their lives back on track after an accident.
Compassionate representation — We understand you may be facing one of the most difficult times of your lives, and our mission is to make it easier so you and your family can focus on healing and moving forward.
No fee unless we win — We take cases on a contingency basis, which means no upfront costs and we only get paid if we successfully recover compensation for you. Our GET MOORE FEE GUARANTEE keeps more money in your pocket.
Find a Car Accident Lawyer Near You in Mobile, AL
If you’ve been injured in an accident with an underinsured or uninsured motorist in Alabama, Moore Law Firm is here for you. To schedule a free consultation with a car accident lawyer near you in Mobile, Alabama, call us today at 251-445-7602, contact us, or use the convenient chat feature on our website.
Frequently Asked Questions About UM/UIM Claims in Alabama
Will filing an uninsured motorist claim make my rates go up?
No. In Alabama, insurance companies generally cannot raise your rates just because you filed a claim for an accident that was someone else’s fault.
What if the other driver didn’t know about the crash or left the scene?
In some cases, a motorist may cause someone to wreck without even knowing it. Your UM/UIM insurance covers both unidentified driver and hit-and-run accidents.
How long will my case take?
Each case is unique. Some claims may be settled in a few months, while others involving catastrophic injuries, challenging negotiations, or court battles can take much longer. Our team works to resolve your case as quickly as possible without compromising the fair compensation you deserve.
Can I handle a UM/UIM claim on my own?
While you can submit an uninsured motorist claim without a lawyer, insurance companies often use technicalities like notification rules to deny claims. Having a personal injury attorney by your side can protect your rights and help you avoid common pitfalls. Your initial consultation is always free, even if you decide not to move forward with your case.