Alabama Car Accident Laws
If you’re involved in a crash in Alabama, you’ll need to know Alabama’s car accident laws to file a report or claim damages.
Written by Rob Shapiro
Reviewed by Kathleen Flear
If you’re involved in a car accident in
Alabama
, the law requires you to immediately give notice by the quickest means of communication. Alert the local police department if the accident occurs within a municipality. Otherwise, contact the county sheriff or state highway patrol. RECOMMENDED
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What to do after a crash: Alabama car accident reporting laws
Right
after a car accident
, things will feel both hectic and surreal. The first thing to do after any car accident is to check that you and your passengers are okay. If it’s safe to do so, drive the vehicle to the shoulder, emergency lane, median, or a safe location close to the site. Next, closely inspect for injuries and call 911 if anyone is hurt. This is not the time to take any chances. You also need to turn your attention to documenting the crash. This means taking photographic evidence and exchanging insurance information with the other party involved in the accident.
The next part is where it gets specific based on where the accident took place. In Alabama, if you are the driver of a vehicle involved in an accident resulting in death and/or injury, you have to immediately contact one of the following via the quickest communication method:
- The local police if the accident is within a municipality
- The sheriff or the state highway patrol if not in a municipality
In Alabama, you only need to report the accident to the DMV if someone is injured or there was more than $1,000 of damage. You will want to report it to your insurance company right away.
When to report an accident to the police
When it comes to dealing with the aftermath of a car accident, you should always err on the side of caution.
The law in Alabama stipulates that you must call the police after any motor vehicle accident that results in injury or death. However, the police are not required to investigate accidents that result only in property damage. You do have the option of filling out
form SR-31
, which is intended to document accidents and subsequent damages. When to report an accident to the DMV
State law in Alabama mandates that if the damage sustained from a car accident is $1,000 or more, all drivers must file a report within 10 days of the accident.
Failure to report the accident to the DMV within the required timeline can result in a suspended license.
You can submit the form online, in person at your local DMV, or by mail. We recommend contacting the
Alabama Department of Revenue
for more information on how to mail in your car accident report.Financial responsibility and coverage minimums: Alabama’s insurance laws
Auto insurance
protects drivers from steep out-of-pocket costs after an accident. Alabama’s minimum insurance requirement laws
require all drivers to be covered for the following:If you fail to meet these state requirements, you could be charged with a misdemeanor. This means you could have to pay a fine of $500 for the first offense and $1,000 for subsequent offenses. You could also have your driver’s license and registration suspended for 180 days.
Unfortunately, not every driver in Alabama has car insurance. A 2019 study by the
Insurance Information Institute (III)
found that about 19.5% of Alabama drivers are uninsured. Even if you’re insured, you could have trouble claiming damages if the other party involved in an accident doesn’t have insurance. You should cover your bases with
uninsured/underinsured motorist coverage
. MORE:
SR-22 Alabama
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Claiming damages after an accident: Alabama’s personal injury laws
Some car accidents lead to a personal injury lawsuit for one party to collect damages. Here is what you need to know according to Ala Code. Sec. 6-2-38:
- Alabama’s statute of limitations is two years from the date of the accident.
- Alabama follows thecontributory negligence rule.This can result in severe penalties for plaintiffs who are even partly responsible for an accident they are making a claim for.
- There are no limits on compensation for damages in injury cases against private citizens outside of punitive damages.
- You will be responsible for proving with “clear and convincing evidence” that the defendant acted with “deliberate or conscious malice.”
- There is a limit of $100,000 for municipal liability in personal injury cases.
For accidents involving property damage, Alabama has a statute of limitation of six years if caused by trespassing or two years if caused by negligence.
Exceptions to Alabama personal injury laws
There are no exceptions to the personal injury laws mandated by the state of Alabama. You will need to follow the laws and act accordingly.
Who’s to blame: Alabama’s pure contributory negligence law
The big question of any car accident is who is at fault. Let’s say that Sarah hit James’s car while speeding, but James was texting while driving. Who is at fault, and who can collect damages?
As mentioned, Alabama adheres to strict contributory negligence law. Simply put, this law dictates that a plaintiff can not claim damages if they are even partially at fault for a car accident.
Using the earlier example, both Sarah and James broke traffic laws. Neither driver was 100% at fault. 65% of the fault could be assigned to Sarah and 35% of the fault could be assigned to James. In Alabama, this means that neither can claim damages.
In the U.S., pure contributory negligence only applies in Alabama, North Carolina, Maryland, and Virginia.
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