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Can Uninsured Drivers Hit by Insured Drivers Still Pursue Compensation?

Aug 23, 2022 | Car Accidents

Motor vehicle accidents are often catastrophic. When you’ve suffered severe injuries in a collision, you have the right to recover compensation from the liable party. However, when you are an uninsured driver, you may be wondering whether you still have the right to compensation.

Fortunately, you still have the right to recover compensation despite failing to carry auto insurance as required by Alabama law. But if you were uninsured at the time of the accident, you can expect to face an uphill battle when seeking restitution for your suffering.

Is Alabama a Fault State for Car Accidents?

Alabama is a fault state for car accidents. This means when you are involved in an accident, you must file a claim with the liable party’s insurance provider to recover compensation. However, if you do not have auto insurance, you may be wondering how your case could be affected.

Since Alabama is a fault state, your failure to carry auto insurance shouldn’t prevent you from holding the liable party accountable. However, you may still face criminal penalties for having no insurance.

Penalties You Could Face for Your Lack of Insurance

Under Alabama law, you could face the following penalties:

  • License suspension or revocation
  • Fines
  • Jail or prison time
  • Community service
  • Probation
  • Points added to your driving record

Alabama Auto Insurance Requirements

Under Alabama law, all drivers are required to carry auto insurance. Vehicles must be insured with the minimum types and amounts of auto insurance:

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

Additional Policies to Consider

In addition to bodily injury and property damage liability coverage, drivers may also consider adding the following insurance policies:

  • Collision
  • Comprehensive
  • Gap insurance
  • Uninsured motorist or underinsured motorist liability coverage
  • Rental car coverage

How to Pursue Compensation as an Uninsured Driver

As an uninsured driver, you may be intimidated at the thought of bringing your case to court or going up against the insurance company. However, with a dedicated legal advocate by your side, you can trust us to guide you through the process.

File a Claim with the At-Fault Party’s Insurer

There are several ways you can recover maximum compensation for your damages. The first is by filing a claim with the liable party’s insurance company.

Since the driver who hit you was insured, they will have at least the minimum types and amounts of auto insurance coverage as outlined by Alabama law. They may also have purchased additional coverage amounts, which could help you recover the compensation you deserve.

The At-Fault Driver’s Insurance May Not Cover Everything

If the driver only has the minimum amount of coverage, and your losses exceed this limit, you will need to be prepared to bring your case to court. At trial, you can recover your losses in full. Any economic or non-economic damages not covered by the insurance company could be awarded in a car accident lawsuit against the liable driver.

Get Help from an Alabama Car Accident Attorney

The fact that you do not have auto insurance shouldn’t limit your ability to recover compensation for your damages. As long as you are not responsible for causing the accident, you have the right to be compensated by the at-fault party.

Get help recovering your damages when you contact an experienced Alabama car accident lawyer at Belt, Bruner, & Barnett P.C. Schedule your no-cost, risk-free consultation when you complete our convenient contact form or call our office at 205-933-1500.