The 7 Steps That Happen in a Typical Alabama Car Accident Case
If you have been in a car accident in Alabama, you may feel overwhelmed and unsure of what comes next. You’re not alone. Every year, thousands of Alabama drivers go through the complicated process of filing accident claims and seeking compensation. Knowing what to expect can make the experience feel less stressful and help you protect your rights.
Here’s an overview of the seven key steps that usually happen in a car accident case.
1. Seek Medical Treatment
Even if you feel okay, seeking medical attention as soon as possible is important. Some injuries, like whiplash or internal trauma, aren’t immediately obvious. Plus, seeing a doctor creates a record linking your injuries to the accident. This is something insurance companies often look at closely.
Delaying treatment could put your health at risk and make it harder to get the full compensation you deserve.
2. Report the Accident and Start the Claims Process
After receiving urgent medical care, the next step should be notifying the police. Alabama law requires immediately reporting the accident to police in case of bodily injury or death.
You should also notify your insurance company about the accident as soon as possible. When you start the claims process, be cautious about what you say. Stick to the basic facts and avoid admitting any fault. An insurance company might twist a simple apology to reduce or deny your claim.
Within 30 days of an accident causing death, personal injury, or more than $250 in property damage, you must submit form SR-13 to the Alabama Department of Public Safety. If you do not submit this form for a reportable crash, your license may be suspended.
If a crash caused by an uninsured driver resulted in injury, death, or more than $500 in damage to one vehicle, you must also submit form SR-31 to the Alabama Law Enforcement Agency. Only submit the form if you have not received compensation for your damages.
3. Hire a Personal Injury Lawyer
Hiring a personal injury lawyer who understands Alabama car accident claims can make a big difference in your case. Alabama typically uses a strict contributory negligence rule. You may be barred from recovering any compensation if you’re found even 1% at fault for the crash.
There may be limited exceptions to this rule. You may still recover damages if the other driver’s behavior was wanton, or showed a conscious or reckless disregard for the safety of others. While difficult to prove, the “last clear chance” doctrine may also work in your favor. If you show that the other driver had the last opportunity to avoid the collision, you may still recover money.
An experienced lawyer can protect your rights, handle communications with the insurance company, and start building a strong case on your behalf. Many personal injury lawyers work on a contingency fee basis, meaning you don’t pay unless they win your case.
4. Investigate the Claim
Your lawyer will conduct a thorough, independent investigation. This includes gathering evidence such as police reports, medical records, witness statements, and expert analysis if necessary. The insurance company will conduct its own investigation of the crash.
The goal of the investigation is to determine causation for the accident, prove the other party’s liability, and document the full extent of your damages.
An experienced attorney can help you gather strong evidence to support your claim and defend against accusations that you were partially at fault.
5. Send the Demand Letter
After collecting evidence and calculating the full value of your damages, your lawyer will send a demand letter to the at-fault driver’s insurance company.
This letter outlines the facts of the case, your injuries, and your losses. It will also request a specific amount of compensation. The demand letter often serves as the starting point for the next step: settlement negotiations.
6. Enter Settlement Negotiations
Once the insurance company reviews the demand letter, settlement talks usually begin. Many car accident claims are resolved during this stage.
The insurance company may make a lower counteroffer than you deserve. Your lawyer will negotiate on your behalf to reach a fair settlement covering all your current and future losses.
Remember: once you accept a settlement, you typically can’t ask for more money later, even if your injuries are worse than you first thought.
7. File a Lawsuit If Necessary
If the insurance company refuses to offer a fair settlement, the next step is to file a lawsuit. In Alabama, you generally have two years from the date of the accident to file a personal injury lawsuit. There may be exceptions to that deadline, and your personal injury attorney can help you determine if any apply to your case.
Even after a lawsuit is filed, settlement discussions usually continue. Many cases settle before they ever reach the courtroom. But if necessary, your lawyer will be ready to present your case at trial to fight for the compensation you deserve.
An Experienced Alabama Car Accident Lawyer Can Help You Navigate Your Claim
Dealing with a car accident claim in Alabama can be stressful, especially when you are struggling to recover. Understanding the basic steps with a car accident attorney’s help can ensure you make informed decisions and protect your future.
Contact the Alabama Car Accident Attorneys at Belt, Bruner & Barnett Personal Injury Lawyers.
Contact an experienced car accident lawyer at Belt, Bruner & Barnett Personal Injury Lawyers to schedule a free initial consultation today. We serve Shelby County, Madison County, Montgomery County in Alabama, and its surrounding areas.
We are located in Birmingham, Huntsville & Montgomery.
Belt, Bruner & Barnett Personal Injury Lawyers – Birmingham Office
880 Montclair Road, Ste 300,
Birmingham, AL 35213
(205) 973-6417
Belt, Bruner & Barnett Personal Injury Lawyers – Huntsville Office
116 Jefferson St. Suite 207
Hunstville, AL, 35801
(256) 781-9242
Or find us with our GeoCoordinates: 34.73050852442579, -86.5863926515444
Belt, Bruner & Barnett Personal Injury Lawyers – Montgomery Office
7 Clayton St, Suite 200,
Montgomery, AL 36104
(334) 518-6098
Or find us with our GeoCoordinates: 32.373594220209505, -86.3092041262694