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You were a passenger in a car. The driver of that car caused an accident. You suffered personal injury. Now, the insurance company has denied your claim. Why? The insurance company says you cannot make a claim because of Alabama’s Guest Passenger Statute.
Many people are not familiar with this Alabama law. It is an old law. Most other states repealed similar laws long ago. Many people learn of this law only when the insurance company denies their car accident injury claim. What should you do? First, do not accept the insurance company denial without consulting an attorney. It’s important you consult an attorney who specializes in personal injury claims. And, it’s important that attorney has actual trial experience. Many of the lawyers advertising on billboards and television for personal injury claims only want cases they can easily settle.
While the Guest Passenger Statute does bar many claims, it is not absolute. A skilled attorney will understand this law and whether it truly applies to your claim.
WHAT IS THE GUEST PASSENGER STATUTE
During the 1920s and 1930s, numerous states enacted laws that are often called “Guest Passenger Statutes.” Alabama enacted such a law during the Great Depression. These laws basically prevent a “guest” or passenger in a car from filing a lawsuit against the driver of that vehicle. If the driver is negligent and someone in his or her own vehicle is hurt, these passengers cannot sue for damages. Think about it — that negligent driver is accountable to everyone around him on the highway except his own passengers. That’s wrong.
When state legislatures passed these laws almost 100 years ago, it was largely due to lobbying efforts by insurance companies. The companies wanted to escape claims. Other states have abandoned this unreasonable rule. Now, Alabama remains the only state with a comprehensive Guest Passenger Statute in force. Our legislature should repeal this Alabama statute. Over the years, many legal commentators have asked the Alabama Legislature to do so.
MANY INJURY CLAMS ARE STILL VALID
If you are a passenger injured by your driver’s negligence, the insurance company is likely to deny your claim. Do not simply accept the denial. The Guest Passenger Statute has exceptions. What are some of those exceptions?
The Guest Passenger Statute is an Alabama law that prevents injured people from seeking justice. It is a statute that our legislature should repeal. If you were a passenger injured in a car wreck by your negligent driver, the insurance company may deny your claim citing this law. Rather than simply accepting the insurance company’s denial, consult a personal injury lawyer who understands the law and believes in fighting for his or her clients.