Who Handles Your Claim? Out-of-State Driver Crash Claims in Alabama
Most people know that feeling of dread when they hear the crashing sound of a car accident. After the initial shock of the accident wears off, your mind starts thinking about how you will pay for your medical bills and other expenses. To top it off, you find out that the other driver is not from Alabama.
Many accident victims wonder how to handle a claim with an out-of-state driver. Thankfully, the process is much the same as any other car accident claim. Dive into all the details below as a Birmingham auto accident lawyer explains how to handle an auto accident claim with an out-of-state driver.
Who Is Liable for My Injuries After a Car Accident?
Alabama is an at-fault state when it comes to car accidents. This means that the driver who caused the accident is liable for any injuries you sustain. The fact that the other driver is from out of state does not change the rules on liability. Injured victims have a right to recover both economic and non-economic damages from the at-fault driver.
Economic damages compensate victims for their financial losses, while non-economic damages compensate them for their physical and emotional trauma.
Some common examples of damages available after a car accident include:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Reduced earning capacity
- Loss of consortium
- Depression
- Anxiety
- Permanent scarring or disfigurement
The value of your claim will depend mainly on the severity of your injuries. Claims involving more severe injuries are typically worth more than those involving only minor injuries.
How Can I Get Compensation From an Out-of-State Driver?
After an accident, you have a couple of options for getting compensation. Whether the driver is from Alabama or another state, these options are the same.
File a Third-Party Insurance Claim
One option for getting compensation for your injuries is to file a claim with the other driver’s insurance company. Their liability coverage should pay for your medical bills, lost wages, and pain & suffering – up to the policy limits of their coverage. An experienced car accident lawyer can help negotiate a settlement with the insurance company that fully compensates you for all your injuries.
Sue the At-Fault Driver
Another option for getting compensation is to sue the at-fault driver. This option might be used when the other driver has no insurance or their insurance company refuses to offer you a fair settlement. This option almost always requires a lawyer’s help navigating the legal process of a personal injury lawsuit.
What if the Out-of-State Driver Does Not Have Insurance?
In some cases, you might find out that the other driver does not have insurance. After all, about 14% of U.S. drivers have no auto insurance. If you find yourself in this unfortunate situation, you still have options for getting compensation for your injuries.
You can file a claim with your own uninsured motorist coverage. While uninsured motorist coverage is not mandatory in Alabama, insurers must offer this coverage. If you decide to decline it, you must do so in writing. Your own uninsured motorist coverage will pay for your accident-related expenses plus your pain and suffering.
Additionally, your own underinsured motorist coverage can help pay for damages if the other driver does not have enough insurance. For example, imagine that the other driver only has $25,000 in bodily injury liability coverage. If you suffer a catastrophic injury, you could have tens of thousands of dollars in medical bills alone. Your underinsured motorist coverage can help cover the difference.
What to Do After a Car Accident
If you’ve been in a car accident, taking the right steps can protect your health, rights, and potential claim:
- Get medical help immediately: Your health comes first. Seek treatment for any injuries, even if they seem minor.
- Call the police: Request an officer at the scene so an official accident report can be filed.
- Document the scene: If you’re able, take photos of the vehicles, damage, road conditions, and the surrounding area.
- Exchange information: Get the name, contact details, and insurance info from the other driver.
- Collect witness info: If anyone saw the crash, get their names and phone numbers.
- Notify your insurance company: Report the accident, even if you plan to file through the other driver’s insurance.
- Do not speak to the other driver’s insurance: Avoid giving statements without a lawyer. They may try to use your words to shift the blame.
Important to note: Alabama follows the contributory negligence rule—if you’re even 1% at fault, you may lose your right to recover compensation. Speaking with a personal injury lawyer before talking to any insurance company is the safest move.
Contact the Birmingham Car Accident Lawyers at Belt, Bruner & Barnett Personal Injury Lawyers for Help Today
If you’ve been injured by someone else’s negligence, we’re here to help. Contact our Birmingham car accident lawyers at Belt, Bruner & Barnett Personal Injury Lawyers for a free consultation today.
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
Huntsville, AL, 35801
(256) 781-9242
Or find us with our GeoCoordinates: 34.73159361945047, -86.58690898412395
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