Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
When an insurer downplays injuries after a collision, family members—including children—need extra safeguards. Under Alabama law, take these key steps:
- Seek Immediate Medical Care: Obtain prompt medical attention for every family member. Early documentation of injuries strengthens your claim.
- Document Injuries and Expenses: Keep all medical records, bills, prescriptions and therapy notes. Track out-of-pocket costs such as child care, travel, and lost wages.
- Provide Timely Written Notice: Notify your own insurer and the at-fault driver’s insurer in writing. Include date, time, location and a brief description of injuries. This preserves coverage under your policy.
- Review Insurance Policies: Check for uninsured/underinsured motorist (UM/UIM) coverage. Alabama requires insurers to offer UM/UIM by default. See Ala. Code § 27-17-94. If the at-fault driver’s limits are low, UM/UIM may cover your family’s remaining damages.
- Preserve Evidence: Take photos of vehicle damage, visible injuries and the accident scene. Store damaged items and secure child car-seat inspection records.
- Understand Statute of Limitations: Personal injury claims generally must be filed within two years after the injury date. See § 6-2-38. For minors, the clock tolled until they turn 18. See § 6-2-8.
- Explore Unfair Claims Practices: Alabama bans bad-faith practices like low-ball offers and unexplained delays. You can report violations to the Department of Insurance under Ala. Code § 27-12-16.
- Consult an Attorney Early: An attorney can advise on policy limits, gather evidence and negotiate with adjusters. They protect children’s interests and handle minor settlements through court-approved procedures.
- Consider a Demand Letter or Lawsuit: If negotiations stall, send a detailed demand outlining injuries, costs and a deadline. If that fails, file suit before the statute of limitations expires.
Helpful Hints
- Keep a daily injury and expense journal.
- Photograph injuries each day until they heal.
- Record dates, names and notes for every call or email with insurers.
- Verify UM/UIM limits for each family member on your policy.
- Request written explanations for any claim denials or low-ball offers.
- File a complaint at insurance.alabama.gov if you suspect bad faith.
- Note critical deadlines: two years for adults, two years after age 18 for minors.
- Discuss settlement drafts with your attorney before signing.