By Serdar Arslan, editor · Last reviewed · How we research
Being even 1% to blame for a crash can wipe out an Alabama injury claim. The state still follows contributory negligence, a rule most of the country has dropped, and the Alabama Supreme Court declined to adopt comparative fault in Golden v. McCurry. Limited exceptions exist, such as when the other driver acted wantonly, but expect an insurer to look hard for any share of blame on your side.
Wrongful death works differently here too: juries can award only punitive damages, measured by how wrongful the conduct was rather than the economic value of the life lost. Injury and death suits generally must be filed within 2 years, while a claim for damage to your vehicle gets 6 years. A crash involving a city or town vehicle is far more urgent, since the tort claim generally must be presented to the municipality within 6 months. Drivers must carry at least 25/50/25 in liability coverage, and 962 people died on Alabama roads in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years from the date of injury Source: Ala. Code § 6-2-38(l) |
|---|---|
| Property damage deadline | Generally 6 years for damage to your vehicle or other personal property (trespass to property) Source: Ala. Code § 6-2-34 |
| Wrongful death deadline | Generally 2 years from the date of death Source: Ala. Code § 6-2-38(a) |
| Claims against a government entity | Tort claims for damages against a city or town generally must be presented to the municipality within 6 months after the claim arises, or they are barred. Claims against the State of Alabama go to the Board of Adjustment and have their own rules. Source: Ala. Code § 11-47-23 |
| Fault rule | Contributory negligence: If you are found even slightly at fault for the crash, you generally cannot recover damages from the other driver. Limited exceptions exist, such as when the other driver acted wantonly. |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $25,000 property damage |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | There is no general cap on compensatory damages (medical bills, lost wages, pain and suffering) in car accident cases. Punitive damages are generally limited by Ala. Code § 6-11-21. Alabama wrongful death cases are unusual: the jury can award only punitive damages, based on how wrongful the conduct was, not on the economic value of the life lost. |
| Reporting a crash | Call police right away (911, or *HP / *47 for state troopers on a highway) if anyone is hurt or killed. If the at-fault driver had no insurance and the crash caused injury, death, or more than $500 in property damage to one owner, you can file an SR-31 Safety Responsibility claim form with the Alabama Law Enforcement Agency (ALEA). |
Getting your crash report in Alabama
Crash reports worked by state troopers can be bought online through ALEA's crash report portal run by Alabama Interactive (about $15). For crashes handled by a city police or sheriff's office, contact that agency directly.
Checking a Alabama lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: Alabama State Bar – Find a Member
- Lawyer referral: Alabama State Bar Lawyer Referral Service · 800-392-5660
962 people died in motor vehicle crashes in Alabama in 2024, according to IIHS analysis of NHTSA FARS data.
Frequently asked questions
›If I was a little bit at fault, can I still collect anything in Alabama?
Usually not. Alabama applies contributory negligence, so a finding that you were even slightly at fault generally bars recovery from the other driver (Golden v. McCurry, 392 So. 2d 815 (Ala. 1980)). A limited exception can apply when the other driver acted wantonly rather than just carelessly.
›How long does the statute of limitations run for an Alabama crash?
Generally 2 years from the date of injury for personal injury (Ala. Code § 6-2-38(l)) and 2 years from the date of death for wrongful death (§ 6-2-38(a)). Damage to your vehicle or other personal property generally has 6 years (§ 6-2-34).
›What is the SR-31 form, and when can I use it?
The SR-31 is a Safety Responsibility claim form filed with the Alabama Law Enforcement Agency (ALEA). You can use it if the at-fault driver had no insurance and the crash caused injury, death, or more than $500 in property damage to one owner. It is filed under the Alabama Safety Responsibility Act (Ala. Code § 32-7-1 et seq.).
›Why are Alabama wrongful death awards only punitive?
Alabama law lets the jury in a wrongful death case award only punitive damages, based on how wrongful the defendant's conduct was. The award does not measure the economic value of the life lost, as it would in most states. The claim generally must be filed within 2 years of the death (Ala. Code § 6-2-38(a)).
›Is there a special deadline if a city vehicle hit me?
Yes. Tort claims against an Alabama city or town generally must be presented to the municipality within 6 months after the claim arises, or they are barred (Ala. Code § 11-47-23). Claims against the State of Alabama go to the Board of Adjustment, which has its own rules.
Sources
- Code of Alabama § 6-2-38 (via Justia)
- Code of Alabama § 11-47-23 (via Justia, 2006 version)
- Alabama Department of Revenue – Mandatory Liability Insurance
- ALEA – SR-31 Safety Responsibility Accident Claim Form
- Alabama State Bar – Get Legal Help
- Alabama State Bar – Lawyer Referral Service notice (March 2026)
- Golden v. McCurry, 392 So. 2d 815 (Ala. 1980), full opinion (via Hall Approved)
- IIHS – Fatality Facts 2024: State by state