Alabama · Injury claimsCar accident injury claims in Alabama
In Alabama, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in Alabama.
Alabama at a glance
- Fault rule
- Contributory negligence (any fault can bar recovery)
- No-fault state?
- No
- Minimum liability coverage
- 25/50/25 (BI $25K/person, $50K/accident; PD $25K) per Ala. Code § 32-7-6 — among the lowest minimums in the US. UM/UIM offer required at equal limits per § 32-7-23 (reject in writing).
- Time limit for an injury claim
- 2 years
One of the few states where being even slightly at fault can bar your recovery entirely.
This is an at-fault (“tort”) state — the at-fault driver's insurer is responsible for injury damages.
Generally measured from the date of the accident.
How fault works in Alabama
Alabama is one of only 5 US jurisdictions (AL/MD/NC/VA/DC) retaining pure contributory negligence — any % of plaintiff fault completely bars negligence recovery — and AL has the most narrowly construed exception set: (1) last clear chance, and (2) WANTONNESS as a SEPARATE, distinct cause of action (the AL-unique gloss). Contributory negligence is NOT a defense to wantonness. Wantonness is statutorily defined at Ala. Code § 6-11-20(b)(3): 'Conduct which is carried on with a reckless or conscious disregard of the rights or safety of others.' A plaintiff barred in negligence can still recover on a separate wantonness count (DUI, extreme speed, texting, drag racing, knowingly running red lights), which supports punitive damages subject to § 6-11-21 caps. No statutory comparative-fault override.
Paying for injuries in Alabama
Alabama is NOT a no-fault state — it is a traditional tort-liability + pure-contributory-negligence regime where the at-fault driver's BI and PD coverage pays. There is no statutory no-fault PIP scheme. MedPay (Medical Expense Benefits) is an optional add-on that pays regardless of fault up to the elected limit. AL has no statutory bar on MedPay subrogation against third-party recovery (unlike VA § 38.2-2209) — carrier-asserted MedPay subrogation is challenged via common-law make-whole + policy interpretation.
How Moe handles injury claims in Alabama
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Alabama’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
Alabama injury claims — common questions
- Is Alabama a no-fault state?
- No. Alabama is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
- What is Alabama's fault rule for a car accident?
- Alabama follows contributory negligence (any fault can bar recovery). One of the few states where being even slightly at fault can bar your recovery entirely.
- How long do I have to file an injury claim in Alabama?
- In Alabama the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.
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This page summarizes Alabama’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.