Car accident injury claims in Alaska
In Alaska, 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 Alaska.
Alaska at a glance
- Fault rule
- Pure comparative fault
- No-fault state?
- No
- Minimum liability coverage
- 50/100/25 ($50K BI/person, $100K BI/accident, $25K PD/accident) under AS § 28.22.101 — elevated, ties with VA and ME at the high end of the US distribution
- Time limit for an injury claim
- 2 years
You can recover even if you were mostly at fault — your award is reduced by your share of fault.
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 Alaska
Alaska applies pure comparative fault under AS § 09.17.060 — a plaintiff's recovery is reduced by the plaintiff's percentage of fault with NO percentage bar. A plaintiff 99% at fault recovers 1%; a plaintiff 50% at fault recovers 50%. The pure-comparative posture traces to Kaatz v. State (Alaska 1975) and the 1986 tort-reform codification. AK is the 13th member of the pure-comparative cluster (CA/WA/NY/AZ/NV/KY/LA/MO/OK/OR/NM/MS).
Paying for injuries in Alaska
Alaska is a pure at-fault state with NO mandatory PIP. First-party medical coverage is via optional MedPay, the claimant's UM/UIM (if the at-fault driver is uninsured/underinsured), or the claimant's health insurer (subject to subrogation/lien). There is no tort threshold — noneconomic damages are recoverable from accident #1, subject to pure comparative-fault reduction under AS § 09.17.060. Recovery against the at-fault driver flows through the third-party liability claim.
How Moe handles injury claims in Alaska
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Alaska’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
Alaska injury claims — common questions
- Is Alaska a no-fault state?
- No. Alaska 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 Alaska's fault rule for a car accident?
- Alaska follows pure comparative fault. You can recover even if you were mostly at fault — your award is reduced by your share of fault.
- How long do I have to file an injury claim in Alaska?
- In Alaska 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.
Learn more
Sources
This page summarizes Alaska’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.