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Will I Harm the At-Fault Driver by Filing a Lawsuit Against Him/Her?

Generally, no. Alabama law requires drivers to possess liability insurance. Where the other driver does not possess insurance (or possesses too little for your injuries), your uninsured / underinsured coverage is also applicable. As a result, insurance typically exists for the accident. Although Alabama law requires all drivers to possess liability coverage, the issue is kept secret from the jury at trial. The lawyers in court are prohibited from mentioning the at-fault driver’s liability coverage. In truth, the at-fault driver in court is typically covered by liability insurance and is defended by an insurance company lawyer. Because that fact cannot be mentioned at trial, jurors sometimes mistakenly believe the at-fault driver is being required to pay personally for damages.