WheelsAccident Advice

Alaska (AK)

Alaska car accident laws

By Serdar Arslan, editor · Last reviewed · How we research

Alaska puts a ceiling on pain and suffering awards even in ordinary car crash cases. Noneconomic damages are generally limited to the greater of $400,000 or $8,000 times the injured person's remaining life expectancy in years. For severe permanent physical impairment or severe disfigurement, the limit rises to the greater of $1,000,000 or $25,000 times remaining life expectancy. Medical bills and lost wages are not capped.

Fault is split under pure comparative negligence, so even a driver who was mostly to blame can recover a reduced share. Injury, vehicle damage and wrongful death claims all generally carry a 2-year filing deadline. Alaska drivers must carry at least 50/100/25 in liability coverage. Paperwork matters here as well: if no officer investigates a reportable crash, you must send the DMV a written report within 10 days, and proof of insurance is due within 15 days after crashes with injury, death or more than $501 in damage.

Key rules at a glance

Personal injury filing deadline
Generally 2 years from the date the claim arises (usually the date of the crash)
Property damage deadline
Generally 2 years for damage to your vehicle or other property
Wrongful death deadline
Generally 2 years from the date of death
Fault rule
Pure comparative fault: Your damages are reduced by your percentage of fault, and you can still recover something even if you were mostly at fault.
Insurance system
At-fault (tort)
Minimum liability insurance
$50,000 per person / $100,000 per accident bodily injury; $25,000 property damage
Uninsured motorist coverage
Not required (usually offered; you may reject it in writing)
Damage caps
Noneconomic damages (such as pain and suffering) are generally capped at the greater of $400,000 or $8,000 times the injured person's remaining life expectancy in years. For severe permanent physical impairment or severe disfigurement, the cap rises to the greater of $1,000,000 or $25,000 times remaining life expectancy (Alaska Stat. § 09.17.010). Economic damages such as medical bills and lost wages are not capped.
Reporting a crash
Notify police right away if anyone is hurt or killed or property damage appears to be $2,000 or more. If no officer investigates, the driver must send a written crash report (Form 12-209) to the DMV within 10 days. Separately, for injury, death, or property damage over $501, you must give the DMV proof of insurance (Form 466 or the 12-209) within 15 days.

Getting your crash report in Alaska

Request a copy of a crash report (law enforcement Form 12-200 or self-report 12-209) from the DMV using Form 440. The fee is $10 per report, and you must be a party to the crash or fit a listed exception. Send it by email or mail to DMV Driver Services in Anchorage. Reports from city police (for example, Anchorage Police) can also be requested from that agency. Official request page

Checking a Alaska 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.

70 people died in motor vehicle crashes in Alaska in 2024, according to IIHS analysis of NHTSA FARS data.

Frequently asked questions

›What is the cap on pain and suffering after an Alaska crash?

Generally the greater of $400,000 or $8,000 times the injured person's remaining life expectancy in years. For severe permanent physical impairment or severe disfigurement, the cap is the greater of $1,000,000 or $25,000 times remaining life expectancy (Alaska Stat. § 09.17.010). Economic damages such as medical bills and lost wages are not capped.

›I was mostly to blame. Can I still recover anything?

Yes. Alaska uses pure comparative fault, so your damages are reduced by your percentage of fault but are not barred even if you were mostly at fault (Alaska Stat. § 09.17.060). A driver found 70% at fault, for example, could still recover 30% of their damages.

›Is the filing deadline the same for injuries and vehicle damage?

Yes. Injury and property damage claims generally must be filed within 2 years from the date the claim arises, usually the crash date (Alaska Stat. § 09.10.070(a)). Wrongful death claims also generally have 2 years from the date of death (§ 09.55.580(a)).

›When do I have to send Form 12-209 to the DMV?

If anyone is hurt or killed or property damage appears to be $2,000 or more and no officer investigates, the driver must send a written crash report (Form 12-209) to the DMV within 10 days (Alaska Stat. § 28.35.080; 2 AAC 90.110). Separately, for injury, death or property damage over $501, you must give the DMV proof of insurance within 15 days (Alaska Stat. § 28.22.021).

›How much does an Alaska crash report cost?

The DMV charges $10 per report. Submit Form 440 by email or mail to DMV Driver Services in Anchorage; you must be a party to the crash or fit a listed exception. Reports from city police, such as Anchorage Police, can also be requested from that agency.

Sources

  1. Alaska Stat. § 09.10.070 (via Justia)
  2. Alaska Division of Insurance – Consumer Guide to Auto Insurance
  3. Alaska DOT&PF – Driver crash self-report
  4. 2 AAC 90.110 – Reports required (via Cornell LII)
  5. Alaska DMV – Form 440 Request for Crash Report
  6. Alaska Bar Association – Lawyer Referral Service
  7. Alaska Stat. § 09.17.060 (via Justia)
  8. IIHS – Fatality Facts 2024: State by state
  9. Alaska Stat. § 09.55.580 (via Justia)