Detailed Answer
When an at-fault driver lacks insurance in Alabama, injured parties face financial gaps. Fortunately, state law and civil remedies offer several paths to recover damages.
1. File a Claim Under Your Uninsured Motorist (UM) Coverage
Alabama law requires insurers to offer uninsured and underinsured motorist coverage, though a policyholder may reject it in writing (Ala. Code § 32-7A-14). If you purchased UM coverage, it steps in when the at-fault driver has no active policy. You submit your medical bills, lost wages and other compensable losses to your carrier. The insurer must investigate and then pay up to your policy limits.
2. Sue the At-Fault Driver Directly
You can file a personal injury lawsuit against an uninsured driver. Alabama follows comparative fault, so the court allocates damages based on each party’s fault (Ala. Code § 6-5-280). If you get a judgment, you can record it as a lien on the driver’s real property or garnish wages. However, uninsured drivers often lack assets, which makes full collection uncertain.
3. Explore the Alabama Crime Victims Compensation Fund
If your injuries stem from a hit-and-run (the driver fled), you may apply to the Alabama Crime Victims Compensation Commission. This program covers medical expenses, counseling and lost wages up to statutory caps. The driver’s lack of insurance and disappearance make this fund a viable option. Visit the Crime Victims Compensation Commission for application details.
4. Check Your Medical Payments (MedPay) or Personal Injury Protection (PIP)
If you carry MedPay or PIP as part of your auto policy, these no-fault coverages pay your medical bills regardless of who caused the crash. MedPay typically covers up to $1,000–$5,000; PIP can be higher. Review your declarations page or speak to your insurer to confirm coverage limits.
5. Leverage Collateral Sources and Other Insurance
Other policies may help. For example, homeowners or renters insurance sometimes include limited auto liability for household members. Health insurance may pay medical costs initially, and then you can seek reimbursement via subrogation when you recover from the at-fault party.
Helpful Hints
- Review your auto policy declarations immediately after a crash to confirm UM, MedPay and PIP limits.
- Report the crash to police and request a copy of the accident report to document the at-fault driver’s lack of insurance.
- Keep detailed records: medical bills, repair estimates and correspondence with insurers.
- If you sue an individual, ask the court clerk about post-judgment remedies like wage garnishment or property liens.
- Consult a personal injury attorney early to assess deadlines and strategies in Alabama courts.