How to File a Claim Against Another Driver’s Insurance

The Short Answer:

Get A FREE Case Review

Key Takeaways

• Alabama is an at-fault state, which means that the person who caused the accident is responsible for all damage.
• If another driver caused the accident due to their recklessness, carelessness, or negligence, you can file a claim through their insurance company.
• After a wreck, the first thing you should do is contact law enforcement to file an accident report.
• Gather evidence and information right away. Take photos, and exchange information with the other driver.
• Seek medical attention immediately to document your injuries and connect them to the accident.
• When you contact the other driver’s insurance company to file a claim, stick to the facts and avoid taking the blame.
• If you receive a settlement offer, review it carefully to ensure that you’re fully compensated for pain and suffering and future medical care.
• Uninsured/underinsured motorist coverage can provide valuable benefits, but these claims are often more complex.
• Don’t hesitate to contact an attorney if you aren’t sure about your rights or don’t feel like you’re being treated fairly.

How to File a Claim Against Another Driver’s Insurance

Alabama is an at-fault state. Under this system, the person who caused the accident is responsible for covering all the damage, including medical bills and vehicle repair costs. You may file a lawsuit or seek insurance benefits from the driver who caused the accident. This can prevent you from having to use your own collision coverage or medical benefits to pay for your expenses.

You can contact the other driver’s insurance company to file a claim if:

• The other driver was negligent (speeding, distracted driving, following too closely, failure to yield)
• Their negligence was the proximate cause of the crash
• You suffered injuries, vehicle damage, or other losses as a result

Important: Alabama follows the doctrine of pure contributory negligence. This means that if you are partially at-fault (even just 1%), the insurance company may deny your claim. If fault is disputed, you may need a car accident lawyer to protect your rights.

Step-by-Step: How to File an Insurance Claim Against the Other Driver

Below is a step-by-step guide for reporting the accident and filing an insurance claim against another driver.

Step 1: Call the Police to Report the Accident

Per AL Code § 32-10-5 and § 32-7-5, motorists must notify law enforcement if the accident caused any type of injury or more than $250 in property damage. You can report the accident by calling 911 or the local non-emergency dispatch service. When you speak to the officer:

• Avoid apologizing, admitting fault, or speculating about the cause
• Make sure that your version of events is accurately recorded
• Ask how to get a copy of the official crash report

If you were hit by an uninsured driver and had at least $500 in property damage, you’ll need to submit Form SR-31 as well.

Step 2: Gather Evidence and Info

If you are physically able, start collecting information at the scene of the accident. The more evidence you have, the harder it is for the insurer to dispute the claim later. You may need the following items.

• Photos of injuries and property damage
• Photos of skid marks, weather, and road conditions
• Insurance and contact information for the other driver
• Names and contact info for witnesses

Step 3: Seek Medical Attention Immediately

Visit your doctor or accept medical care at the scene if you are injured, even if you feel fine. Injuries like whiplash may not be apparent until hours or days after the accident, so it’s important to have a thorough evaluation.

• Even serious injuries, such as concussions or internal bleeding, may have few symptoms.
• Gaps or delays in care allow insurers to minimize the severity of the situation or claim your condition was pre-existing.
• Medical records are needed to establish a clear link between the accident and your injuries.

Step 4: Notify the Other Driver’s Insurance Company

You (or your lawyer) will need to contact the at-fault driver’s insurance company to file a claim. To do this, you will need:

• Date, time, and location of the accident
• Names of the drivers involved
• Police report number (if available)
• Basic description of what happened

Use Caution: Insurance adjusters aren’t paid to represent your best interests. Keep statements brief and factual, and avoid making a recorded statement without legal advice.

Step 5: Document Your Damages

Once you’ve reported the accident, it’s important to continue gathering evidence to support your claim. You’ll need proof of all losses, including:

• Medical bills and treatment records
• Proof of lost wages or missed work
• Vehicle repair estimates
• Out-of-pocket expenses, such as transportation and childcare
• Journals documenting pain, suffering, and effects on daily life

Insurance companies do not pay what they should. They pay what they think they can get away with. Document everything to help ensure that you’re fairly compensated.

Step 6: Review and Respond to Settlement Offers

Many insurers make a low initial offer, especially early in the claim. Regardless of the dollar value, it’s always your choice whether or not to accept. The offer may be too low if any of the following red flags apply.

• You feel pressured to settle quickly.
• The offer only covers current medical bills.
• You aren’t being compensated for pain and suffering.
• The insurance company claims that your injuries are minor or pre-existing.

Once you accept a settlement, you are giving up your right to seek additional compensation for the same injuries, even if your health worsens. Always consult an attorney who represents your best interests before accepting a settlement offer.

What if the Other Driver Is Uninsured or Underinsured?

The Insurance Information Institute estimates that nearly 17% of drivers in Alabama are uninsured, and many others don’t carry enough insurance to pay for the damage in the event of a severe collision. If your accident involved an uninsured or underinsured driver, it can complicate your claim.

If the other driver is uninsured

You may be able to file a claim under your own uninsured motorist (UM) coverage. Per AL Code § 32-7-23, UM/UIM coverage equal to your liability limits is included in each auto insurance policy unless you specifically reject this coverage in writing or sign a waiver.

If the other driver is underinsured

If the at-fault driver doesn’t have enough liability insurance to cover your injuries and property damage, your underinsured motorist (UIM) coverage may apply. These claims can become very complex and may even involve disputes with your own insurer. Always notify your insurance company of the accident as soon as possible. Generally, you must also seek approval from your insurance company before you accept a settlement or partial settlement from the other driver.

How a Car Accident Lawyer Can Help

Filing a claim against another driver’s insurance may seem straightforward, but problems and pitfalls can crop up anywhere along the line. As former insurance industry insiders, we know that insurers have numerous techniques at their disposal. They may try to:

• Shift blame
• Deny claims
• Delay compensation
• Minimize your injuries or physical pain
• Cast doubt on your claim under Alabama’s strict fault rules

An experienced car accident attorney can step in to protect your rights by:

• Investigating the accident and preserving evidence
• Handling all communication with insurance companies
• Protecting you from mistakes that could hurt your claim
• Accurately calculating the full value of your damages
• Negotiating a fair insurance settlement
• Ensuring legal paperwork is filed on time
• Filing a lawsuit if the insurer refuses to act in good faith

Most car accident cases are handled on a contingency basis. This means that there’s no upfront cost, and your attorney only gets paid if you receive compensation.

Talk to Floyd Hunter Injury Law to Protect Your Claim

Filing an insurance claim against the other driver in Alabama is about more than paperwork. It’s about protecting your right to compensation in a system that does not favor injured drivers and their passengers.

If you were hurt in a car accident that someone else caused and you aren’t sure what to do next, contact Those Thumbs Up Guys® for legal advice. We can help you understand your rights, navigate the claims process, and fight back against delays and denials before you lose your right to compensation. Get in touch today to schedule a free, no-obligation consultation.