Hit by an Uninsured Driver in Birmingham: Your Options Under Alabama Law

After any accident in Birmingham, call 911 and request police. When you exchange information with the other driver, ask for their insurance details. If they say they have no insurance, do not panic — but do insist on a police report. Alabama law (Ala. Code § 32-10-2) requires accident reporting, and the officer will document that the other driver is uninsured, which is critical evidence for your UM claim.

Get the other driver's name, address, phone number, driver's license number, and license plate number. Photograph their license and plate. If they refuse to provide information or try to leave, note their plate number and vehicle description and relay it to the dispatcher. Leaving the scene of an injury accident is a crime in Alabama (Ala. Code § 32-10-2).

Some drivers claim they have no insurance when they actually do but are worried about rate increases. The police report will confirm insurance status. Your own insurer can also verify whether the at-fault driver has active coverage through the Alabama insurance verification database.

When the at-fault driver has no insurance, documentation becomes even more critical. You will likely be filing a claim against your own UM policy, and your own insurer — while technically on your side — will still scrutinize your claim. Under Alabama's contributory negligence rule, your insurer can deny your UM claim if they find evidence you were even partially at fault.

Photograph everything: all vehicle damage from multiple angles, license plates, the road layout, traffic signals, weather conditions, skid marks, and any debris. Take photos of visible injuries. Note the exact time, location, and conditions. Get names and numbers of every witness. Witness statements confirming the other driver ran a red light, was speeding, or was distracted can be the difference between a full recovery and nothing.

If you have a dashcam, preserve the footage immediately. Check nearby businesses for exterior security cameras that may have captured the crash. In downtown Birmingham and along commercial corridors, surveillance cameras are common. Time-sensitive — footage is typically overwritten within days.

See a doctor within 24 hours of the accident, even if you feel fine. Adrenaline masks pain, and many injuries from car accidents — whiplash, concussions, internal bruising — take hours or days to manifest. Visit UAB Hospital, Grandview Medical Center, Princeton Baptist, or any urgent care facility in Birmingham.

Tell the doctor you were in a car accident and describe all symptoms. The medical record from this visit establishes the causal link between the crash and your injuries. Follow all treatment recommendations: specialist referrals, physical therapy, imaging studies. Gaps in treatment are ammunition for an insurer to argue your injuries are not serious or are unrelated to the crash.

Keep every medical bill, prescription receipt, and therapy record. When dealing with an uninsured driver, your UM claim will need to document every dollar of medical expenses. Your UM policy pays up to its limits for medical bills, lost wages, and pain and suffering — just like a liability claim against the other driver's policy would.

Alabama law (Ala. Code § 32-7-23) requires every auto insurance policy to include uninsured motorist (UM) coverage unless the policyholder explicitly waives it in writing. If you did not sign a written UM waiver, you have UM coverage — even if you do not remember purchasing it. Check your declarations page or call your insurer.

UM coverage steps into the shoes of the uninsured driver's policy. It pays for your medical bills, lost wages, and pain and suffering up to your policy limits. File the UM claim with your own insurer promptly. Provide the police report, your medical records, photos, and witness information.

Be aware: your own insurer will investigate your UM claim just as the other driver's insurer would. Under Alabama's contributory negligence rule, your UM carrier can deny your claim if they find evidence you were partially at fault. This is not theoretical — Alabama UM carriers raise contributory negligence defenses regularly. Treat your own insurer's questions with the same caution you would treat the other side's.

Alabama's pure contributory negligence rule (Ala. Code § 6-5-178) applies to UM claims just as it applies to third-party liability claims. If the insurer can show you bore any fault — even 1% — your claim is barred entirely. This is one of the harshest rules in American law, and it applies whether you are suing the other driver or claiming against your own UM policy.

Insurance adjusters in Birmingham know how to use contributory negligence. They will review the police report for any suggestion you contributed: Were you speeding? Did you fail to yield? Were you on your phone? Was your vehicle properly maintained? They may hire an accident reconstructionist to argue you could have avoided the crash.

The two exceptions that may save a contributory negligence defense are the wanton misconduct doctrine and the last clear chance doctrine. If the uninsured driver was acting recklessly — drunk driving, extreme speeding, running a red light at high speed — the wanton misconduct exception may apply even if you had some minor fault. Consult an attorney if contributory negligence is raised against your claim.

Yes, you can file a personal injury lawsuit against the uninsured driver within the 2-year statute of limitations (Ala. Code § 6-2-38). If you win, you get a judgment. The practical problem is collection: a driver who cannot afford auto insurance often cannot pay a five- or six-figure judgment. You may be able to garnish their wages or place a lien on property, but recovery is often slow and partial.

In most cases, your UM coverage is the faster, more reliable path to compensation. But if your UM limits are low and your damages are high, a lawsuit against the uninsured driver may be worth pursuing as a secondary recovery option. An attorney can evaluate whether the uninsured driver has assets worth pursuing.

Hit by an uninsured driver in Birmingham? Take our free 2-minute assessment. Answer a few questions about your accident, injuries, and insurance coverage, and we will provide a personalized report covering your UM claim options, how Alabama's contributory negligence rule affects your case, and what your claim may be worth. We will connect you with a Birmingham personal injury attorney who handles uninsured motorist cases.

Dealing with an uninsured driver is frustrating — you did nothing wrong, and now you are fighting your own insurance company for compensation. Alabama's contributory negligence rule makes it even harder. An experienced attorney knows how to counter contributory negligence defenses and maximize your UM recovery. Start with the assessment — free, confidential, and faster than sitting on hold with your insurer.