# Alabama car accident law: deadlines, fault and your claim

> Alabama car accident claims: the 2-year deadline to sue, the contributory negligence rule that can bar recovery, city claim notices and crash reports.

Canonical page: https://accidentclaimfacts.com/location/alabama/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In Alabama you generally have 2 years from the crash to file a lawsuit for your injuries, and 2 years from the date of death for a wrongful death claim. Alabama is one of only 5 jurisdictions that still use contributory negligence: if you were even slightly at fault for the crash, you can be barred from recovering anything. Injury claims against a city or town must be presented to the city clerk within 6 months.

## Key facts

| Fact | Detail |
|---|---|
| Injury lawsuit deadline | 2 years |
| Vehicle damage deadline | Not confirmed; a licensed Alabama attorney can tell you |
| Wrongful death deadline | 2 years, from the date of death |
| Fault rule | Contributory negligence: any fault of yours can bar recovery |
| Notice to a government body | Six months for a claim against a city or town; 12 months for a county; one year for the state (State Board of Adjustment) |
| Minimum liability insurance | $25,000 per person, $50,000 per crash, $25,000 property |
| Insurance system | At-fault; PIP: Not required |
| Traffic deaths in Alabama, 2024 | 962 people |
| State bar referral line | 1-800-392-5660 |

## Filing deadlines in Alabama

The Code of Alabama sets a statute of limitations of 2 years for most car-crash injury lawsuits. The clock usually starts on the day of the crash. Claims against a government body have much shorter steps that come first.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 2 years | Ala. Code § 6-2-38(l) |
| Damage to your vehicle or other property | Not confirmed | Ask a licensed Alabama attorney |
| Wrongful death | 2 years from the date of death | Ala. Code § 6-5-410(d) |
| Claim against a city or town | Sworn claim within 6 months | Ala. Code §§ 11-47-23, 11-47-192 |
| Claim against a county | Claim within 12 months | Ala. Code § 11-12-8 |
| Claim against the State of Alabama | Claim to the Board of Adjustment within 1 year | Ala. Code § 41-9-65 |

**Injured children.** Alabama treats anyone under 19 as a minor for this rule. For an injured child, the deadline is paused until a child turns 19; for a crash injury, the normal two-year period then runs from that birthday, and no extension can go beyond 20 years from the injury. This pause is a form of tolling.

**Claims against a city, county or the state.** A claim against a city or town needs a sworn statement filed with the city clerk that describes how the injury happened, when and where, and the damages claimed. Claims against a county go to the county for allowance. Claims for injuries caused by the State of Alabama or its agencies are presented to the State Board of Adjustment. If a city vehicle hit you, the six-month deadline can arrive long before the two-year lawsuit deadline.

> **Warning:** Talking with an insurance adjuster does not pause any of these deadlines. If a claim is still open as a deadline approaches, a claim form or lawsuit may need to be filed to protect it.

## How fault is shared in Alabama

Alabama's fault rule comes from court decisions rather than a statute: its courts follow the common-law rule of contributory negligence (Ridgeway v. CSX Transp., Inc., 723 So. 2d 600, 606 (Ala. 1998) (common law)). A federal appeals court applying Alabama law put it plainly: contributory negligence is an absolute bar to recovery. The Alabama Supreme Court has declined to replace it with comparative fault.

In practice, if a jury finds that your own carelessness helped cause the crash, you recover nothing from the other driver, even if they were far more to blame. Whether you were contributorily negligent is usually a question for the jury, not the judge.

> **Example:** You drive a few miles over the limit when another driver runs a stop sign and hits you. In most states, a jury might put a small share of the blame on you and reduce your damages by that share. In Alabama, if the jury finds your speed helped cause the crash, your claim against the other driver fails completely.

Because any fault can end a claim, adjusters handling Alabama crashes have a strong reason to look for anything you did wrong: your speed, a phone in your hand, a late brake. Many people are careful about giving a [recorded statement](https://accidentclaimfacts.com/claim-process/recorded-statement/) before they understand the rule. Use the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=al&fault=20#fault) to compare Alabama with states that only reduce your damages.

## Insurance in Alabama

Alabama drivers must carry liability insurance of at least $25,000 per person and $50,000 per crash for injuries, plus $25,000 for property damage. Alabama is an at-fault state: the driver who caused the crash, through their insurer, pays.

- **Uninsured motorist coverage.** Must be included unless the named insured rejects it. Underinsured coverage: Included in uninsured motorist coverage (can be rejected with it). The Insurance Information Institute estimates that 16.8% of Alabama drivers were uninsured in 2023, against 15.4% nationally.
- **Personal injury protection.** Not required in Alabama.
- **Medical payments coverage.** Optional. It can pay medical bills regardless of fault, which matters more in a state where a small share of fault can end a claim against the other driver.

Questions about a policy or an insurer can go to the Alabama Department of Insurance at 1-800-433-3966 (Consumer Services); 334-241-4141.

## After a crash in Alabama

Under Alabama law, the driver must immediately notify the local police (inside a city) or the county sheriff or state highway patrol (elsewhere) of any crash that injures or kills someone. Drivers also have duties at the scene, including giving their information and rendering aid (Ala. Code §§ 32-10-1 and 32-10-2). An officer who investigates a crash files a written report on the state's uniform crash report form.

You can buy a copy of the crash report online through ALEA's crash report portal or in person at any ALEA Driver License office for $15. Alabama limits who can get the full report: people involved in the crash, a parent of an involved minor, the estate's personal representative, insurers, and a lawyer who has the client's written consent, among others. See [how a police report is used in a claim](https://accidentclaimfacts.com/claim-process/police-report/) for what to check in it.

## Special rules in Alabama

**Dram shop claims.** Under Alabama's Civil Damages Act, anyone who knowingly sells, furnishes or serves alcohol contrary to law to a visibly intoxicated person can be sued by people that person injures. The injured person can sue the drinker, the seller or both, and the law allows exemplary damages on top of actual losses. This dram shop law does not let the drinker sue the seller for their own injuries. See [drunk driver accidents](https://accidentclaimfacts.com/accidents/drunk-driver-accidents/) for how these claims work.

**Out-of-state lawyers.** A lawyer licensed elsewhere who wants to appear in an Alabama case must bring in a member in good standing of the Alabama State Bar on the case.

## Crashes on Alabama roads

IIHS counted 962 motor vehicle crash deaths in Alabama in 2024. That is 18.7 per 100,000 people, compared with 11.5 per 100,000 people for the US as a whole. About 29% of Alabama's crash deaths were speeding-related, and 59% happened on rural roads.

## Finding a lawyer in Alabama

The Alabama State Bar Lawyer Referral Service takes calls at 1-800-392-5660 and also accepts requests through an online form. Lawyers who take part agree to charge no more than $50 for a first 30-minute consultation, and they may waive it. Read more about [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/).

Before you hire anyone, look the lawyer up in the Alabama State Bar's [member search](https://members.alabar.org/Member_Portal/Member_Portal/Member-Search.aspx) to confirm the license. Because contributory negligence can decide an Alabama case, many people ask a lawyer early how the other side might argue they were at fault.

## FAQ

### What is the statute of limitations for a car accident in Alabama?

Generally 2 years from the day of the crash for injuries, and 2 years from the date of death for wrongful death. Claims against a city or town must be presented within 6 months, and claims against a county within 12 months.

### Is Alabama a no-fault state?

No. Alabama is an at-fault state, and personal injury protection is not required. The at-fault driver's liability insurance pays for the other people's losses, up to its limits.

### Can I recover if I was partly at fault in Alabama?

Usually not. Alabama's contributory negligence rule means that if your own negligence helped cause the crash, you can be barred from recovering anything from the other driver. Whether you were at fault is usually decided by a jury.

### How long do I have to file a claim against an Alabama city?

A claim for an injury caused by a city or town must be presented within 6 months as a sworn statement filed with the city clerk. That deadline is separate from, and much shorter than, the two-year lawsuit deadline.

### How do I get a crash report in Alabama?

Buy it online through ALEA's crash report portal or in person at any ALEA Driver License office. The fee is $15, and only people with a legal connection to the crash, such as the drivers, their insurers or their lawyers, can get the full report.

### How do I check an Alabama lawyer's license?

Search the Alabama State Bar's member directory, which shows whether a lawyer is a member. For a referral, call the bar's service at 1-800-392-5660.

## Sources

- [Alabama Legislature, Code of Alabama § 32-10-7 (secondary copy)](https://law.justia.com/codes/alabama/title-32/chapter-10/section-32-10-7/) — officer crash reports and who may obtain a copy
- [Alabama Legislature, Code of Alabama title 32, chapter 10 (secondary copy)](https://law.justia.com/codes/alabama/title-32/chapter-10/) — duties of drivers after a crash
- [Alabama Legislature, Code of Alabama § 41-9-62 (secondary copy)](https://law.justia.com/codes/alabama/title-41/chapter-9/article-4/division-1/section-41-9-62/) — Board of Adjustment claims for injuries caused by the state
- [Alabama State Bar, Lawyer Referral Service](https://www.alabar.org/programs/lawyer-referral-service/) — how the referral service works
- [Alabama Legislature, Code of Alabama § 6-2-38(l)](https://law.justia.com/codes/alabama/title-6/chapter-2/article-2/section-6-2-38), checked October 29, 2026
- [Alabama Legislature, Code of Alabama § 6-5-410(d)](https://law.justia.com/codes/alabama/title-6/chapter-5/article-23/section-6-5-410), checked October 29, 2026
- [Alabama Legislature, Code of Alabama § 11-47-23](https://law.justia.com/codes/alabama/title-11/title-2/chapter-47/article-1/section-11-47-23/), checked October 29, 2026
- [Alabama State Bar, Get Legal Help](https://www.alabar.org/for-the-public/get-legal-help/), checked October 29, 2026
- [Alabama Legislature, Code of Alabama § 11-12-8](https://law.justia.com/codes/alabama/title-11/title-1/chapter-12/section-11-12-8/), checked October 29, 2026
- [Alabama Legislature, Code of Alabama § 41-9-65](https://law.justia.com/codes/alabama/title-41/chapter-9/article-4/division-1/section-41-9-65/), checked October 29, 2026
- [Alabama Legislature, Code of Alabama § 6-2-8(a)](https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-8/), checked October 29, 2026
- [Alabama Legislature, Code of Alabama § 11-47-192](https://law.justia.com/codes/alabama/title-11/title-2/chapter-47/article-8/section-11-47-192/), checked October 29, 2026
- [U.S. Court of Appeals for the Eleventh Circuit, No. 06-11445 (applying Alabama law; Ridgeway v. CSX Transp., 723 So. 2d 600 (Ala. 1998))](https://media.ca11.uscourts.gov/opinions/unpub/files/200611445.pdf), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026
- [Alabama Legislature, Code of Alabama § 32-10-5](https://law.justia.com/codes/alabama/title-32/chapter-10/section-32-10-5/), checked October 29, 2026
- [Alabama Law Enforcement Agency, Driver Records, Crash Reports, and Driver License Reinstatements](https://www.alea.gov/dps/driver-license/driver-records-crash-reports-and-driver-license-reinstatements), checked October 29, 2026
- [Alabama Legislature, Code of Alabama § 6-5-71](https://law.justia.com/codes/alabama/title-6/chapter-5/article-6/section-6-5-71/), checked October 29, 2026
- [Alabama State Bar, Rules Governing Admission to the Alabama State Bar, Rule VII (Pro Hac Vice)](https://admissions.alabar.org/rule-7), checked October 29, 2026
- [Alabama State Bar, Find a Member](https://www.alabar.org/), checked October 29, 2026
- [Alabama Department of Revenue, Mandatory Liability Insurance](https://www.revenue.alabama.gov/tax-types/mandatory-liability-insurance/), checked October 28, 2026
- [Alabama Department of Insurance, State Auto Insurance Laws](https://www.aldoi.gov/Consumers/StateAutoLaws.aspx), checked October 28, 2026
- [Code of Alabama, Section 32-7-23 (uninsured motorist coverage)](https://alison.legislature.state.al.us/code-of-alabama?section=32-7-23), checked October 28, 2026
- [Alabama Department of Insurance, Consumer's Guide to Auto Insurance: Property Damage and Other Optional Coverages](https://www.aldoi.gov/Consumers/DamageCoverage.aspx), checked October 28, 2026
- [Alabama Department of Insurance, Consumer's Guide to Auto Insurance](https://www.aldoi.gov/Consumers/AutoInsurance.aspx), checked October 28, 2026
- [Alabama Department of Insurance, Contact Us](https://www.aldoi.gov/ContactUs.aspx), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026