From Car Accident To Resolution Of Your Claim

Mar 31, 2026 - Car Accidents by Cross & Smith

If you’ve been involved in a car accident, or any vehicle accident for that matter, you know that it can be a complicated process to arrive at a final legal resolution. In most cases, you need to obtain police reports, get a medical evaluation, and negotiate with insurance companies. All of this takes time, effort, and money, and it can be overwhelming. So here’s a checklist to help you understand the key points to getting through the process. 

Consult With A Knowledgeable Tuscaloosa Auto Accident Attorney

A car accident is a personal injury for which you can be compensated if another party was at fault.  The first step is to consult with a knowledgeable Tuscaloosa auto accident attorney who can help you navigate the steps involved in getting to a final resolution. A compassionate and experienced attorney will give you a preview of what’s ahead and discuss with you the best strategies to tackle each step. Having the right lawyer by your side will also ensure that you are treated fairly. A Tuscaloosa car accident attorney can help you:

• Investigate the accident and gather evidence
• Work with the insurance companies on your behalf
• Determine the full value of your compensation
• Advocate for the compensation you deserve

Contact Your Insurance Company To Start The Claims Process

It’s important to contact your insurance company as soon as possible to start the claims process. You need to submit the police report, any medical reports, and other documents requested by your insurance company. 

Unlike some other states, Alabama requires that, within 30 days of an accident, you file a state government accident report if anyone was killed or hurt in the accident, or if there was more than $250 in property damage. The accident report, known as a Form SR-13, can be obtained online or from a local state trooper’s or sheriff’s office and must be filed with the Alabama Department of Public Safety. The investigating officer’s accident report will help you complete Form SR-13. 

If the other driver was at fault, and you carry collision coverage, your insurance carrier will likely pay for repairs up to your policy limits. And if you have personal injury or uninsured motorist coverage, your insurance company will pay up to policy limits for medical expenses. Your insurance carrier will then try to get reimbursement from the at-fault driver’s insurance company. If the at-fault driver has no insurance, and your insurance company does not cover all of your losses, you may be able to negotiate a settlement. If not, a lawyer may represent you on a 

contingent-fee basis. This means that you will pay a percentage of the damages recovered to the lawyer, but you will pay nothing if you do not prevail in the legal proceeding.

If you were at fault, your insurance company should pay for any damage within your policy limits.

Remember that Alabama state law requires that you have liability insurance for all of your registered vehicles. It’s important to keep proof of liability insurance and your car’s current registration in your vehicle at all times.

Damages Available and Alabama’s Contributory Negligence Rule

Compensation to which you may be entitled includes lost wages, medical and rehabilitation costs, prescription medicine, and other out-of-pocket expenses. It can also include non-economic compensation that is more difficult to calculate, such as pain and suffering, loss of consortium, and emotional distress.

But note that Alabama’s Contributory Negligence doctrine complicates a lawsuit brought in the state. Under Alabama state law, you cannot recover damages if your actions contributed to the accident, even if you were only 1% responsible. 

Statute of Limitations

A statute of limitations is the period of time within which you must file a lawsuit. In Alabama, you have two years from the date of the accident to file a lawsuit. In most cases, if you fail to meet the deadline, your claim will be forever barred. Negotiating with the insurance company does not protect you if you fail to meet the two-year statute of limitations. The clock also does not stop if medical records are still open or settlement discussions are underway.

Two years is not a long time for all the actions that must be undertaken. A serious accident claim will require police reports, medical records, witness statements, surveillance footage, wage records, and insurance information. In many cases, experts will need to evaluate the accident scene and vehicle damage. In some instances, medical causation must be established by an expert. This means there will need to be proof that the accident caused the claimed medical injuries and that the injuries were not preexisting. 

Alabama has a law governing wrongful death. Families dealing with a fatal vehicle accident also must generally file a lawsuit within two years of the death. The personal representative of the deceased person’s estate is responsible for bringing the claim. 

If you were injured in a vehicle accident due to the negligence of an employee of an Alabama city or municipality, you will only have six months to bring a claim. Specifically,  you file a notice with the city clerk. Some municipalities, such as Huntsville, have their own specific forms and processes that must be followed.

Children have more time to file a lawsuit if they were involved in a vehicle accident. In Alabama, children legally become adults when they turn 19. The statute of limitations is tolled, or stopped, for them until they turn 19. Then, the two-year statute of limitations starts to run. Thus, a child injured in a vehicle accident has until the age of 21 to file a lawsuit.

But note that it is often unwise to wait that long. Data can be lost or destroyed, and witness memories can fade, reducing your legal leverage and making proof more difficult to obtain. 

Contact Cross & Smith, LLC Today for Immediate Assistance

Here at Cross & Smith, LLC, we have many years of negotiating, settling, and litigating car accident claims. We understand the process and what it takes to achieve the best possible resolution for you and your family. Contact us today for a free consultation.