Alaska Accident Law

Alaska Accident Law and table of regulations below:

Alaska follows the pure comparative fault jurisdiction to vehicle accidents. This means that Alaska Accident Law allows recovery even for 1% negligence. If one party is at fault for 1%, that party can be suit for 1% of the medical bills, pain and suffering, and/or damages to the car.

One percent of negligence sounds like no substantial enough to be in a legal proceeding. But negligence is a factor of both damages and percentage of fault. If the party that was 99% at fault (a) had $200,000 in damages, and the party that was 1% at fault only had $1,000 (b). Then A would owe $999 (99% of $1,000) and B would owe $2,000 (1% of $200,000). The example here is extreme, but it occurs and Alaska Accident Law would allow a cross lawsuit in that manner.

In Alaska, adjusters can “tag” you with any percentage of negligence to reduce the amount they have to pay. Also, that would entitle their insured to recover some damages against you. However, no percentage of liability would bar you from recovery. It is important to read the Alaska Accident Law closely and understand every statute otherwise claim adjusters will tell you that you broke the rules of the road and take negligence due to that. If an adjuster tells you that you broke the law, always ask them to put it on writing so you can double check.

You are entitled to seek damages in small claims court without the need for an attorney by suing in small claims court. The maximum amount of damages that you can seek in a small claims court in Alaska is $10,000. Alaska Accident Law allows you to ask for pain and suffering, medical bills, medical damages, and rental car in a small claim court action.

Alaska accident law allows for deductible reimbursement, unfortunately there are no rulings from the Alaska Supreme Court. The Alaska Admin. Code Tit. 3, § 26.080 is on point “Any person...must include first-party claimant's deductible, if any, in subrogation demand unless first-party claimant requests that it not be included or unless deductible has been otherwise recovered by first-party claimant; no deduction for expenses may be made from any deductible recovered unless an outside attorney or other outside expert witnesses have been retained and any deduction is no more than pro rata share of their cost less any attorney fees and costs recovered; any recovery of prejudgment or post-judgment interest shall be shared pro rata.”

This means that if your insurance company recovers any payments against the person that hit you, your insurance company must return your deductible to you in a pro rate basis. If they recovered 50% of the total amount of damages, then you should receive 50% of your deductible back.

Alaska Accident Law
Jurisdiction	Pure Comparative Fault
Liability Insurance required?	Yes
Personal injury liability maximum for one person injured in an accident.	$50,000
bodily injury liability maximum for all injuries in one accident.	$100,000
property damage liability maximum for one accident.	$25,000
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	$10,000
First Party Diminished Value Claim in Property Damage	Undecided No Case Law
Med Pay Subrogation Allowed?	Yes
PIP Subrogation Allowed?	No
Deductible Reimbursement Law	Un Decided Pro Rata