What to do next in Alabama after you get the motor vehicle crash report
This FAQ explains, in plain language, practical next steps to advance a personal injury claim in Alabama after you receive the police crash report. This is educational information only and not legal advice.
Short answer — the immediate steps
After you get the crash report: (1) get prompt medical care and document all treatment; (2) preserve evidence (photos, witnesses, vehicle damage); (3) notify your insurer and cooperate with required reporting; (4) gather financial and medical records showing losses; (5) consider sending a demand to the at‑fault driver’s insurer or hiring an attorney to negotiate or file suit before Alabama’s deadlines.
Detailed answer — step‑by‑step under Alabama law
1. Read and preserve the crash report
The crash report documents what the responding officer observed, witness names, and often the investigating officer’s opinion about contributing factors. Keep an official copy (don’t rely on a phone photo). If the report has errors (wrong vehicle, lane, or witness contact), note those and ask the issuing agency how to request a correction or supplement. In Alabama, statewide crash reports and procedures are handled through law enforcement and the Alabama Law Enforcement Agency (ALEA): https://www.alea.gov/.
2. Seek medical care and create a clear medical record
Even if injuries feel minor, get examined right away. Medical records are the central proof of injury and causation. Keep records of:
- ER visits, tests, imaging and doctor notes
- Pain diaries, physical therapy records, prescriptions
- Out‑of‑pocket expenses and receipts
Missing or delayed treatment weakens a claim because insurers and courts rely on timely medical documentation to connect the crash to your injuries.
3. Preserve all other evidence
Collect or preserve:
- Photos of the scene, vehicle damage, and visible injuries
- Contact information for witnesses listed on the crash report
- Repair estimates, rental car invoices, wage statements
- Any video (dash cams, nearby business cameras) — preserve quickly
4. Notify your insurance company and follow policy rules
Most auto policies require prompt notice of a crash and cooperation. Report facts, keep records of the claim number and adjuster contacts, and do not give recorded statements or sign releases without guidance. If the other driver’s insurer calls, be careful: a casual comment can be used to reduce or deny your claim.
5. Evaluate liability and Alabama’s fault rules
Liability assessments depend on evidence: road conditions, speeds, traffic signals, testimonies, and the crash report. Important Alabama law point: Alabama still follows the contributory negligence doctrine in most personal injury cases, which means that if a plaintiff is found even slightly at fault for the injury, that plaintiff can be barred from recovering damages. Because of this harsh rule, careful early documentation of how the crash occurred is critical.
6. Calculate damages
Track and document damages including:
- Economic: medical bills, lost wages, future medical costs, vehicle repair
- Non‑economic: pain and suffering, loss of enjoyment
- Potential punitive damages in cases of willful or wanton conduct (rare; fact dependent)
7. Try settlement (demand letter) or hire an attorney
With the crash report and medical records, many claimants start with a demand letter to the at‑fault driver’s insurer describing liability and damages and stating a settlement demand. Insurers often respond with offers or investigation requests.
Consider consulting a personal injury attorney early if:
- Injuries are moderate to severe
- Liability is disputed
- There are complex damages (long‑term care, lost future earnings)
- Contributory negligence by any party might be alleged
8. Filing suit — deadlines and practical timing
Alabama imposes deadlines for filing personal injury lawsuits. Most personal injury actions must be filed within two years of the injury. This time limit is the statute of limitations for personal injury claims in Alabama (commonly referenced as Ala. Code § 6‑2‑38). You must act before this deadline or your right to sue is likely lost. For general information on state statutes and searching them, see the Alabama Legislature site: https://www.legislature.state.al.us/ and a widely used codification source: https://law.justia.com/codes/alabama/2018/title-6/chapter-2/section-6-2-38/.
9. Discovery, mediation, and trial
If the case does not settle, the lawsuit process includes: written discovery (interrogatories, document requests), depositions, motions, and often court‑ordered mediation. If mediation fails, the case proceeds to trial. Expect months to years depending on complexity and court schedules.
10. Costs and contingency fees
Many personal injury lawyers in Alabama work on contingency: they take a percentage of recovery only if you recover money. Confirm fee structure, who advances litigation costs, and how expenses are deducted.
Helpful hints — quick checklist to move your claim forward
- Get and keep the official crash report (ALEA or local police). Keep the original or certified copy if possible.
- Seek immediate and continuous medical care; follow provider instructions.
- Take photos at the scene and of injuries as soon as possible.
- Write down everything you remember about the crash while it’s fresh: time, place, weather, traffic, conversations.
- Collect witness contact info and preserve any video evidence right away.
- Notify your insurer promptly but be cautious about recorded statements.
- Track all expenses, lost time from work, and future care needs.
- Ask whether the at‑fault driver has insurance and the limits of that policy.
- Consider early attorney consultation — it’s often free and helps preserve evidence and meeting deadlines.
- Be mindful of Alabama’s statute of limitations (usually two years for personal injury). Don’t let deadlines expire.