In Athens, a young man leaves home before dawn for his first day at a new job. It should be an exciting time. The day starts with such hope. Yet, moments later, tragedy strikes. A fatigued driver fell asleep, ran a red light on Highway 72, and crashed into the young man. That young man’s life would forever change. By the time he left the hospital more than a month later, he faced over a million dollars in medical bills. Huntsville Hospital even filed a hospital lien against him for those bills. In addition to mounting medical bills, he could no longer work.
What about the at-fault driver? The guy who fell asleep on the highway and caused the crash? Well, he was uninsured. Although Alabama law requires all drivers to carry minimum liability coverage, many drivers ignore the law.
Most crashes don’t result in millions of dollars in medical bills and a lifetime of disability as this one. But, they often cause tremendous injury, pain, and loss, to those involved. Many accidents cause damages and harms from which we cannot recover without fair compensation. What are your options if injured by an uninsured driver? How can you recover compensation for your losses?
The Reality Of Uninsured Drivers On Alabama Roadways
In Alabama, our law requires all drivers to carry automobile liability insurance (with small minimal limits). Even though legally required to carry liability coverage, many drivers on our roads have NO coverage.
According to the most recent statistics of the Insurance Research Council (IRC), around 19.5% of the drivers on Alabama roadways and highways have NO automobile insurance. Think about that statistic — For every 5 cars around you on the road, 1 of those drivers is probably uninsured! Personally, I think true numbers are even higher.
Based on how the insurance data is collected, I believe the actual number of uninsured drivers is much higher. Of course, this data also does not consider the huge number of drivers who have liability insurance but only carry the mandated Alabama minimum. Currently, that minimum is only $25,000. With only minor injuries, your losses can easily exceed $25,000! When you add both groups together, the uninsured and underinsured, you quickly realize that many serious accidents result in losses far exceeding any liability coverage.
The Hope Of Uninsured / Underinsured Coverage
Alabama law also requires all auto insurance policies to include uninsured / underinsured motorist coverage (UM/UIM). That is, all policies MUST contain this valuable coverage UNLESS the policyholder rejects it in writing. What additional protection does this coverage provide? Uninsured / Underinsured coverage can provide additional compensation to both you and your passengers if injured by an at-fault driver who:
- Has NO Liability Insurance
- Has TOO LITTLE Liability Insurance To Cover Your Injuries And Damages
- Leaves The Scene Of The Crash (Hit-And-Run or Phantom Vehicle)
How Uninsured / Underinsured Coverage Works In Alabama
Many states have laws providing for UM / UIM coverage but each differs as to how this valuable coverage works. In Alabama, if the at-fault driver has no coverage, your own UM/UIM steps in to compensate you beginning with the first dollar of your damages. If the at-fault driver has too little coverage, your own UM/UIM steps in to compensate you for additional damages after the at-fault driver’s coverage is exhausted. But, the law does impose procedures you must follow to obtain UM/UIM compensation if injured. So, it’s always best to consult an attorney who focuses solely on injury cases and understands the process.
If the at-fault driver has no coverage or too little coverage, your own UM/UIM steps-in to compensate you for your personal injury damages, including:
- Medical Expenses
- Lost Wages
- Pain and Suffering
- Future Medical Care
- Disability
- Other Injury-Related Losses
Your UM/UIM coverage applies up to the limits on your policy. Let’s look at a simple example. An at-fault driver injures you. Your losses are estimated at $50,000. However, the at-fault driver only carries the Alabama minimum limits of $25,000. Your policy contains $100,000 in UM/UIM protection. In this scenario, the at-fault driver’s insurance would pay his $25,000 and then your UM/UIM would pay an additional $25,000 so that you received full compensation for your $50,000 in losses (and could pay up to your limits on top of the at-fault driver’s coverage if your damages were higher). But, a word of caution — Our law imposes specific procedures you must follow to obtain compensation under your UM/UIM coverage. I’ve seen many claims where the injured person hired a lawyer who did not focus exclusively on personal injury cases, did not understand the procedures, and cost his/her client an opportunity to obtain valuable UM/UIM benefits. So, again, it’s always best to consult an attorney who understands those procedures.
Why You Should NEVER Reject UM / UIM Coverage In Your Policy
Although UM / UIM coverage is very valuable, many drivers actually waive this coverage. Terrible idea! When they do, they are exposing themselves to the potential of huge losses if hurt by one our state’s many uninsured drivers. As an accident and injury lawyer, I read a lot of insurance policies. Too often, I see accident victims who waived this valuable coverage that could have helped.
While Alabama law allows drivers to reject UM / UIM coverage in writing, it’s a horrible mistake to do so! Not only is this coverage extremely valuable, it’s also one of the cheapest coverages you can buy. With the huge number of uninsured / underinsured drivers on our roads PLUS the huge costs of medical care, I recommend purchasing a significant amount of UM / UIM coverage (certainly more than the minimum on policies).
Why An Alabama Personal Injury Attorney Is Essential
When you are dealing with an uninsured or underinsured driver, consulting an experienced and focused personal injury attorney can significantly impact the outcome of your claim. How can an experienced and focused attorney help?
- Maximizing Your UM/UIM Claim And Recovery
In every case, our job is to recover the maximum compensation available to you. We take our mission seriously. That’s why we ONLY handle personal injury cases. We understand that to provide the best service, you need to focus exclusively on one area of the law. As lawyers, the only way you become experts in any legal area is if you relentlessly and singularly put all your time into studying, preparing and working that area of the law. When a claim involves damages that exceed the at-fault driver’s coverage, you need to maximize the claim and the sources of recovery. That way, you recover the maximum amount possible for your injuries.
2. Identifying Available Sources Of Compensation
A lawyer who lacks the understanding of automobile insurance may not realize the availability of UM/UIM coverage. That’s why you don’t need to hire a jack-of-all trades lawyer.
What about the more complex cases? Many cases involve just two cars — You and the at-fault driver. But, some involve multiple vehicles or multiple policies. I can think of an endless number of scenarios. These scenarios often occur with multiple vehicles, with situations where you are a passenger in a car, with situations where you are driving someone else’s vehicle, or with situations involving any commercial vehicle. If your injuries are serious, a skilled attorney can identify policies or sources of compensation. If your injuries are serious, a skilled attorney can understand the rules and processes that determine which policy pays in which order. In addition, some cases may involve claims against employer or manufacturers that acted wrongly.
3. Protecting You From Bad Tactics By The Insurance Company Or Its Adjusters
We all know insurance companies pay as little as possible. Adjusters are trained to minimize claims. What’s more, the various insurance companies that provide additional UM/UIM coverage for the claim are not going to volunteer that coverage exists. Nor are they going to help you follow the procedures required to access this available coverage. In some cases, bad adjusters may even mislead you into actions that harm your claim.
How To Protect Yourself Both Before And After A Car Crash
To protect yourself and to put yourself in the best position for a full recovery, you need to take proactive steps. Before anything happens, make sure you have sufficient coverage. Review your policy. If you aren’t sure, call our office and we will discuss the issue at NO charge. Purchase sufficient UM / UIM coverage to drive in Alabama where many of those around you have no insurance or too little insurance.
After an accident occurs, notify your insurance company promptly. Then, get the medical care you need to fully understand the scope of your injuries before negotiating with any insurance company. Keep in mind that you must follow specific procedures to access available UM / UIM compensation. If you don’t follow those procedures, you can harm or destroy your claim. So, seek experienced legal advice before acting.
If you need help or have questions about any personal injury issue, give us a call. At the Blackwell Law Firm, we are northern Alabama personal injury attorneys. We do one thing — Help personal injury victims recover the maximum available compensation. We’ve prepared and tried cases in courtrooms across Alabama. We are happy to answer your questions.
