Alabama Accident Law

and Alabama personal injury claim regulations

Alabama Personal Injury claim and property damage accidents are ruled as follows:

Alabama is one of the only 5 states in the United States to recognize Pure Contributory Negligence as established� Alabama Power Co. v. Schotz, 215 So.2d 447 (Ala. 1968). Pure Contributory Negligence in Alabama means that if one party is 1% at fault, then this would bar them from recovering against the party or parties that are 99% at fault.

When you are handling your own claim, be sure to carefully read the Alabama�s Traffic Laws. One little violation could bar you completely from Alabama Personal Injury Claim recovery and damages. Make sure that if you decide to give a recorded statement you know exactly what you doing. If you decide to give a recorded statement, consider talking to an attorney before you talk to the adjuster. Pure Contributory Negligence states like Alabama want to see 100% liability on the other party (it must be a slam dunk).

�

99% v. 1 % every one takes care of its own damages and injuries.

�

Alabama Personal Injury Claim Legislation and/or property damage can be suit in small claims court. The maximum amount one party can seek compensation for in a small claims court preceding is $3,000 if your case or damages are worth more than that, the case will be settle for the maximum above or the case will be completely dismissed.

�

Remember that you can seek legal advice before small claims court, but you cannot be �formally� represented by an attorney. Since Alabama is a pure contributory negligence state, the most probable defense against lawsuit here is that you were 1% at fault. If the defense can prove this, then your case will be dismissed.

�

Alabama Personal Injury Claim and Property Damage Regulations regarding deductible reimbursement after successful subrogation are still undecided. There is no applicable statute, Administrative Code provision or case law exists. Alabama�s Dept. of Insurance advises this issue is generally governed by contract law to extent provided in the policy. Policy language can modify made whole rule. Ex parte State Farm & Casualty Co., 764 So.2d 543 (Ala. 2000).

�

Alabama Accident Law
Jurisdiction�	Pure Contributory Negligence
Liability Insurance required?	Yes
Personal injury liability maximum for one person injured in an accident.	$20,000
bodily injury liability maximum for all injuries in one accident.	$40,000
property damage liability maximum for one accident.	$10,000
PIP required?	No
No-fault state?	No
Uninsured motorist coverage required?	No
Bodily Injury Statue Of limitations�	2 years
Property Damage Statute of Limitation	2 years
Small Claims Court Maximum Limit	$3,000
First Party Diminished Value Claim in Property Damage	Not Allowed
Med Pay Subrogation Allowed?	Yes
PIP Subrogation Allowed?	No
Deductible Reimbursement Law	UNDECIDED PRO RATA DEFAULT