After being injured in a car accident that is someone else’s fault, you would normally seek compensation for your losses through the other driver’s auto liability insurance. But what if you can’t identify the at-fault driver because they didn’t stop after causing the accident?
What do you do after being injured in a hit-and-run accident in Alabama? Who stands up for the hit-and-run victim injured through no fault of their own? What does Alabama law say about hit-and-run accidents?
If a hit-and-run driver is later identified, you may recover compensation by filing a claim against their insurance company or filing a personal injury lawsuit. If the hit-and-run driver is not found, you should be able to rely on your own insurance coverage for help with your accident bills.
After a hit-and-run crash in Alabama, the hit-and-run accident lawyersat Stokes Stemle, LLC can help you seek compensation for your medical care and other expenses. The advantage of contacting our Montgomery personal injury lawyers is that injury claims are all we do.
We have the knowledge, resources, and experience you won’t find at law firms with a broader focus. Call or contact us online today for a free consultation about Alabama hit-and-run laws and how they can be used to help you.
What are Alabama’s Hit-and-Run Laws?
Alabama law requires a driver to stop their vehicle after a motor vehicle accident that causes death, injury or property damage to assist the injured and exchange contact and insurance information. Alabama law also requires a driver who hits an unattended car to try to locate the owner or leave a note with contact information.
Failing to stop after a car accident in Alabama that causes injury or death is a Class C felony punishable by 1 year and 1 day or up to 10 years in prison and a fine of up to $15,000.
Failure to stop for an accident that causes only property damage is a Class A misdemeanor punishable by up to 1 year in jail and a fine of up to $6,000.
Steps to Take If You’re a Victim of a Hit-and-Run Accident
You must stop if you are in a car accident, even if the other driver leaves the accident scene without stopping. You should not pursue a hit-and-run driver.
After a hit-and-run accident, you should:
- Record any information you have about the accident and the hit-and-run driver. Record on your phone or write out anything you remember about the car, such as make, model, color, license plate, damage, etc., and the direction it fled. If you noticed anything about the driver, record that too. Describe how the accident happened. Take photos of your vehicle’s damage.
- Contact police. Phone 911 and cooperate with police who respond. Tell them what you know about the vehicle and driver who caused the accident. Keep your copy of your notes.
- See a doctor. If you are injured, ask for an ambulance when you call 911. If you do not go to the emergency room directly from the accident scene, see a doctor within 24 hours in case you have unseen injuries. A doctor’s exam documents your injuries and links them to the accident. Follow your doctor’s orders for treatment. Failing to do so allows an insurance company to argue that you were not injured in the accident.
- Contact a hit-and-run accident lawyer. There are options for recovering compensation after a hit-and-run accident, even if the a-fault driver is never found. However, insurance companies are not going to step up to pay you. An Alabama hit-and-run lawyer can help you make the case for compensation you deserve to have.
Challenges of Recovering Compensation in Hit-and-Run Cases
The hope after a hit-and-run accident is that the at-fault driver can be identified and arrested. If this occurs, the injured party(s) can file a claim against the hit-and-run driver’s auto liability insurance.
Alabama requires car owners to maintain liability coverage worth at least $25,000 for bodily injury per person, $50,000 for all bodily injuries in any one accident and $25,000 for property damage per accident.
If the at-fault driver has liability insurance, you could file a claim with their insurance company. If you can demonstrate their client’s fault and evidence of your losses, they should pay your claim up to coverage limits.
If the at-fault driver is not found, is uninsured or you have remaining losses after exhausting their liability insurance, you can file a claim against your own Uninsured/Underinsured Motorist coverage (UM/UIM).
UM coverage pays when you have been injured by a driver who does not have liability insurance available to you, such as in a hit-and-run case. UIM pays when the at-fault driver’s insurance does not pay enough to cover an injured party’s eligible losses.
Every car owner in Alabama has UM/UIM coverage equal to their liability coverage unless they chose to reject it and did so in writing when they bought liability insurance. Hopefully, you did not make this mistake.
Your third option is to file a personal injury lawsuit against a hit-and-run driver who has been identified. This would seek compensation via other assets they held in lieu of insurance or in addition to an insurance payout. To make the expense of a lawsuit worthwhile, you would have to identify adequate assets held by the at-fault driver.
Finally, if a third party contributed to the accident, a claim against their insurance and/or other assets of theirs could potentially be a source of compensation for you. For example, if a delivery driver hit you while on the job, their employer would have vicarious liability for their employee’s negligence.
How Stokes Stemle Can Help Hit-and-Run Victims
After a hit-and-run accident in Alabama, the legal team at Stokes Stemle, LLC can help you identify insurers obligated to you and document the full extent of your losses for medical bills, lost wages and other costs, and for your physical pain and mental anguish.
We’ll speak for you as police work to find the driver who caused your injuries, and then seek to hold accountable anyone they identify. We will present their insurer with your demands for compensation and press for full payment to you. If necessary, we will process a claim with your UM/UIM insurer and press them for a full payout.
Our experienced car accident attorneys will negotiate aggressively with all insurers obligated to you to maximize compensation paid to you and make sure you’re made financially whole again. If an acceptable settlement cannot be negotiated, we will take a solid case to court for you.
Contact Our Montgomery Personal Injury Lawyers for Help
If you have been injured in a hit-and-run accident in Alabama, the car accident lawyers at Stokes Stemle, LLC can identify all compensation available to you and seek maximum payment for your losses. We’ll stand up to insurers to uphold your rights and fight for the compensation you deserve to receive.
The experienced Montgomery, Alabama, hit-and-run accident lawyers of Stokes Stemle are here for you. Call or reach out online today for a free consultation.
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