Detailed Answer
When someone injures you, the at-fault driver’s insurer owes you a duty to investigate and pay medical bills up to the policy limits. Follow these steps to maximize the odds they accept liability:
- Report the accident promptly: File a police report with the Alabama Law Enforcement Agency (ALEA). A copy of this report proves fault. Visit ALEA.
- Collect and preserve evidence: Take photos of injuries, the scene, and vehicle damage. Get contact information for any witnesses.
- Notify the insurer in writing: Send a “Notice of Claim” letter to the at-fault party’s insurer within days of the crash. Include your name, date of loss, policy number (if known), and a brief description of your injuries.
- Submit medical documentation: Send itemized bills and medical records to the insurer as you receive them. Label each document clearly with your claim reference. Alabama’s Unfair Claims Settlement Practices Act requires insurers to acknowledge written claims within 15 days and accept or deny within 45 days (Ala. Code § 27-12-26).
- Demand a coverage position: If the insurer fails to respond on liability, send a formal “Coverage Position Letter” requesting acceptance or denial of fault based on your evidence. Cite the timeline requirements under Ala. Code § 27-12-26.
- Escalate unresolved issues: If the insurer delays or denies unreasonably, file a complaint with the Alabama Department of Insurance at aldoi.gov. They investigate unfair claim practices.
- Consider legal representation: If the insurer still refuses, an attorney can send a demand letter or file suit under Alabama’s two-year statute of limitations for personal injury (Ala. Code § 6-2-38).
Helpful Hints
- Keep a detailed file: Log calls, letters, and dates.
- Send all correspondence by certified mail for proof of delivery.
- Follow up in writing within 30 days if you haven’t heard back.
- Maintain copies of all medical records and bills.
- Monitor ongoing treatment and note any changes in symptoms.
Disclaimer: This article provides general information on Alabama law. It does not constitute legal advice. Consult an attorney for guidance on your specific situation.