Rear End Collision
$2,300,000
Insurer offered$85,000
Spinal cord injury after a rear end crash. The insurer offered $85,000.
Serving Alabama
Hit by an Uninsured Driver in Alabama: Who Pays for Your Injuries?
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In Alabama, when the driver who hit you had no insurance, your own uninsured motorist coverage pays what that driver's policy should have paid, including pain and suffering. Most Alabama policies carry it, and a household relative's policy may apply too. There is no state fund. Top USA Law finds every policy that can respond.
Who pays when the other driver in Alabama had no insurance?
Usually you do, through a part of your own policy you may not know you bought. Uninsured motorist coverage takes the place of the liability insurance the other driver was supposed to carry. You claim with your own insurer, prove the other driver's fault and your injuries, and it pays the medical costs, lost wages and pain and suffering that driver owed, up to your policy limit.
Alabama requires liability insurance on every registered vehicle, yet plenty of drivers on I-65 and US 280 carry none, and many more carry only the minimum. Because of that, Alabama insurers must offer uninsured motorist coverage on every auto policy, and a buyer has to reject it in writing to go without it. Most Alabama policies carry it. The same coverage, called underinsured motorist coverage, fills the gap when the other driver's policy is too small.
Two absences shape the claim. There is no state fund for victims of uninsured drivers, so the search for a policy is the whole strategy. And there is no no fault system, so nothing pays automatically; every dollar comes from a claim someone has to prove.
How does an uninsured motorist claim work in Alabama?
Where the coverage comes from
Start with your own declarations page and its uninsured or underinsured motorist limits. Uninsured motorist coverage follows the person as well as the car, so a policy held by a relative who lives with you may respond, and coverage on more than one household vehicle may stack. A passenger may claim under the car's policy and under a policy at home. Each layer has its own limit, so the total available can be far more than any one policy shows, and finding all of it is the first job.
Proving the claim
Your insurer stands in the shoes of the uninsured driver and can raise every defense that driver could have raised, including contributory negligence. Evidence that you shared fault can bar this claim just as it would bar a claim against the driver, so the crash report, footage and witnesses matter as much here. Your insurer is not on your side here. It will read your records for gaps and pre existing conditions and dispute value as the other driver's insurer would.
A teacher is hit on Memorial Parkway in Huntsville by a driver with no insurance. Her own policy carries uninsured motorist coverage, and her husband's separate truck policy carries it too. Both respond, and her claim is valued against the combined limits. A student is struck on McFarland Boulevard in Tuscaloosa by a hit and run driver who is never found. Leaving an injury crash is a crime under Ala. Code 32-10-1, and for insurance purposes an unknown driver is an uninsured driver, so his own coverage pays if the crash was reported promptly and a real vehicle caused it.
Policy conditions decide these claims. Every Alabama policy requires prompt notice of the crash, cooperation, and its consent before you settle with an at fault driver, because a settlement can release the driver your insurer would otherwise pursue. A hit and run must be reported to police quickly. Top USA Law identifies every household policy in the first conversation, sends the required notices, keeps the fault evidence intact, and when the driver is later found, pursues that driver and the insurer together.
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Results in cases like this
T Bone Accident
$1,800,000
Insurer offered$120,000
Broken pelvis and internal bleeding at an intersection. The insurer offered $120,000.
Drunk Driver Victim
$1,500,000
Insurer offered$50,000
Traumatic brain injury caused by an impaired driver. The insurer offered $50,000.
Every case is different. Past results do not guarantee, warrant, or predict a similar outcome.
Where we help in Alabama
How Top USA Law handles uninsured driver claims in Alabama
An uninsured motorist claim that does not settle is filed in the Circuit Court, most often Jefferson County in Birmingham or Bessemer, Madison County in Huntsville, or Montgomery, Mobile or Tuscaloosa County, with your own insurer as the defendant. Top USA Law has no office in Alabama. Andranik "Andy" Boyadzhyan is licensed in Alabama and meets clients by phone, video, at home or at the bedside, including at the Level I trauma centers, UAB Hospital, Huntsville Hospital and USA Health University Hospital. Read the Alabama car accident lawyer page or call (877) 411-5291 with your declarations page handy.
We serve Alabama clients by phone, video and in person appointments arranged case by case.
Hurt in a crash? Talk it through for free.
Alabama filing deadlines and insurance notice rules can be short. A free call tells you where your clock stands.
Frequently Asked Questions
Is uninsured motorist coverage required in Alabama?
Insurers must offer it on every Alabama auto policy, and a buyer must reject it in writing to go without it, so most policies carry it. Ala. Code 32-7-6 requires liability insurance on every registered vehicle. Check your declarations page for the limits, or we will read it with you.
What if I do not have uninsured motorist coverage in Alabama?
Look for a policy held by a relative in your household, or the policy on the car you were riding in. Alabama has no public fund for victims of uninsured drivers. If no coverage exists, the claim runs against the driver personally, worth pursuing only when the driver has assets or income.
Does a hit and run count as an uninsured driver in Alabama?
Yes. When the driver cannot be identified, uninsured motorist coverage treats the unknown driver as uninsured. Leaving an injury crash is a crime under Ala. Code 32-10-1, and a prompt police report matters twice: it starts the search for the driver and satisfies the policy's reporting condition.
Can my own insurer argue I was partly at fault?
Yes. In an uninsured motorist claim your insurer can raise every defense the uninsured driver could have raised, and in Alabama that includes contributory negligence, which can bar the claim entirely. The fault evidence gathered for a claim against the other driver also protects the claim against your own carrier.
Does uninsured motorist coverage pay for pain and suffering in Alabama?
Yes. It pays what the at fault driver would have owed, which in Alabama includes medical costs, lost wages and pain and suffering with no injury threshold, up to the policy limit. Medical payments coverage, if you bought it, pays early bills regardless of fault, and health insurance covers treatment meanwhile.
How long do I have to make an uninsured motorist claim in Alabama?
Sooner than the lawsuit deadline. The policy requires prompt notice of the crash and, for a hit and run, a quick police report, and settling with the other driver without your insurer's consent can forfeit the coverage. A lawsuit against an identified driver must be filed within two years under Ala. Code 6-2-38.
Last reviewed by Andranik "Andy" Boyadzhyan, Esq., September 2026.
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