Hit by an Uninsured Driver in Alabama? You Still Have Options

Alabama's Uninsured Driver Problem

Alabama consistently ranks among the top states in the nation for uninsured drivers. According to the Insurance Research Council, approximately 18 to 20 percent of Alabama drivers carry no auto insurance at all. In Mobile County, the rate may be even higher in certain areas. This means that roughly one in five drivers you share the road with on I-65, Highway 158, or Airport Boulevard has no insurance to cover your injuries if they cause an accident.

Alabama law requires all drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury. But the penalty for driving without insurance is relatively mild, a fine and possible license suspension, which does little to deter the practice. The result is that thousands of Mobile County residents are injured every year by drivers who have no ability to pay for the damage they cause.

What Is Uninsured Motorist Coverage and Why You Need It

Uninsured motorist (UM) coverage is an optional add-on to your own auto insurance policy that protects you when the at-fault driver has no insurance or not enough insurance to cover your injuries. In Alabama, insurance companies are required to offer you UM coverage when you purchase a policy, but you can decline it in writing.

If you have UM coverage and are hit by an uninsured driver, you file a claim with your own insurance company for your medical bills, lost wages, pain and suffering, and other damages, up to the limits of your UM policy. This is not the same as filing a claim under your collision coverage, which only covers vehicle damage. UM coverage specifically addresses bodily injury.

If you do not currently have UM coverage, call your insurance agent today and add it. It is one of the most affordable and valuable coverages available, and in Alabama, it may be the only thing standing between you and financial devastation after an accident with an uninsured driver.

Filing a UM Claim Is Not as Simple as It Sounds

Many people assume that filing a claim with their own insurance company will be straightforward and friendly. After all, you have been paying premiums for years. The reality is often very different. Your own insurance company has the same financial incentive to minimize your claim as the other driver's insurer would. They will scrutinize your medical records, question the severity of your injuries, and look for any basis to reduce your payout.

Alabama courts have recognized that UM claims are adversarial in nature. Your insurance company is allowed to raise the same defenses the at-fault driver would have raised, including contributory negligence. This means they can argue that you were partially at fault for the accident and attempt to deny your claim entirely.

Having an attorney represent you in a UM claim levels the playing field. Your attorney can negotiate with the insurance company, present your medical evidence effectively, and take the case to arbitration or trial if the insurer refuses to offer fair compensation.

What If the Other Driver Has Some Insurance, But Not Enough?

Underinsured motorist (UIM) coverage addresses the situation where the at-fault driver has insurance, but their policy limits are not enough to cover your damages. For example, if you have $200,000 in medical bills and the at-fault driver only carries the Alabama minimum of $25,000, your UIM coverage can make up the difference, up to your own policy limits.

In Alabama, you must exhaust the at-fault driver's policy limits before your UIM coverage kicks in. This means you must settle with or obtain a judgment against the at-fault driver's insurer first. The process requires careful coordination between the two claims, and making a mistake in the sequence can jeopardize your UIM recovery.

If you were hit by an uninsured or underinsured driver in Mobile County, Saraland, or anywhere on the Gulf Coast, call attorney Cody Poe at (251) 298-8454 for a free consultation. He handles UM and UIM claims throughout Alabama and can help you maximize your recovery.