Dothan Uninsured and Underinsured Motorist Lawyers

Plenty of drivers on Ross Clark Circle, US-231, and US-84 carry only the minimum insurance Alabama requires, and some carry none at all. A serious crash can run through a minimum policy quickly. Dothan Law Group’s uninsured motorist lawyers help people in Houston County and the Wiregrass look past the at-fault driver’s policy to the coverage they bought for themselves: uninsured and underinsured motorist coverage, usually called UM and UIM.

These are claims against your own insurance company. That sounds simple, but your insurer is not on your side of the table for this claim. It evaluates your injuries the way the other driver’s insurer would, and your policy contains notice and cooperation duties that can affect your recovery if they are missed.

What is uninsured and underinsured motorist coverage in Alabama?

Uninsured motorist coverage pays for injuries caused by a driver who is legally at fault but has no liability insurance that applies. Underinsured motorist coverage pays when the at-fault driver has insurance, but not enough to cover your damages. In Alabama, both are part of the same uninsured motorist coverage in your auto policy.

Alabama law generally requires auto insurers to offer this coverage. A policyholder can reject it, but the rejection generally has to be in writing and made by all named insureds on the policy. If you are not sure whether you have it, the declarations page of your policy will show it, and a lawyer can request the full policy and any signed rejection form.

UM coverage is often broader than people expect. Depending on the policy, it may protect you as a driver, as a passenger, or even as a pedestrian or cyclist struck by an uninsured vehicle. Household members may also be covered.

When does a UM or UIM claim come up?

• The at-fault driver had no insurance at the time of the crash.
• The driver fled the scene and was never identified (a hit-and-run).
• The at-fault driver’s insurer denied coverage, for example because the driver was excluded from the policy.
• The at-fault driver’s limits are too low for the medical bills, lost income, and other harms a serious injury causes.
• You were a passenger, and the driver of your vehicle or another vehicle did not have enough coverage.

Many UM claims start after car accidents, but they are also common after crashes caused by drunk drivers, who are more likely than most to be uninsured or carry low limits.

What is stacking, and can I stack UM coverage in Alabama?

Stacking means adding together uninsured motorist coverage from more than one vehicle or policy to reach a higher total. Alabama law permits stacking in some circumstances. For example, a household with separate policies on separate vehicles may be able to combine those UM limits.

Stacking is limited, though. Many policies contain language that restricts it, and Alabama law caps how much coverage can be combined. Whether stacking is available depends on how the policies were written, who the insured persons are, and how many vehicles are involved. This is one of the most valuable things to check in a serious injury case, because it can change the total coverage available.

Alabama-specific: If the at-fault driver’s insurer offers its policy limits, do not sign a release yet. Alabama law generally requires you to give your own UIM insurer notice of the proposed settlement first. The insurer then has a reasonable time to decide whether to consent or to pay you the settlement amount itself and keep its right to pursue the at-fault driver. Settling without following that process can jeopardize your UIM claim.

Do I need my insurer’s consent to settle with the at-fault driver?

In most underinsured motorist claims, yes, or at least you need to give your insurer the opportunity to respond before you settle. Your UIM insurer has a right to seek repayment from the at-fault driver (called subrogation). If you sign a full release without notice, you may cut off that right, and the insurer may then deny your UIM claim.

The process usually looks like this:

1. Get the liability offer. The at-fault driver’s insurer offers a settlement, often its policy limits.
2. Give written notice. Before accepting, you notify your UIM carrier of the offer in writing.
3. Wait for the response. The UIM carrier has a reasonable time to consent to the settlement or to advance the same amount to you to protect its subrogation rights.
4. Resolve the liability claim. Only then do you settle with the at-fault driver and sign the release.
5. Pursue the UIM claim. You then present the remaining value of your claim to your own insurer.

Policies also have their own notice, cooperation, and proof-of-loss terms. Missing them is one of the most avoidable ways to lose coverage.

How is a claim against my own insurance company different?

Your insurer stands in the shoes of the at-fault driver. To collect UM or UIM benefits, you generally have to show that you are legally entitled to recover from that driver, meaning the other driver was at fault and you were injured. Your insurer can dispute fault, challenge your medical treatment, and argue your damages are lower than you believe.

That includes Alabama’s contributory negligence rule. If your insurer can show you were even slightly at fault, it may argue you cannot recover at all. Evidence from the scene, the crash report, witness information, and vehicle damage matter just as much in a UM claim as in any other crash claim.

If a lawsuit becomes necessary, Alabama procedure generally allows your insurer to be named in the suit against the at-fault driver. The insurer may then decide whether to take part openly at trial or step back while remaining bound by the result. How that choice plays out can affect strategy, so it is worth planning for early.

Your insurer also owes you a duty to deal with your claim in good faith. Most disagreements are ordinary disputes about value, but an outright refusal to pay a clearly owed claim without a reasonable basis can raise separate legal issues.

What should I do after a crash with an uninsured or hit-and-run driver?

• Call 911 and make sure a crash report is made by the Dothan Police Department, Houston County Sheriff’s Office, or Alabama State Troopers.
• Get medical care at Southeast Health, Flowers Hospital, or your own provider, even if you feel okay at first.
• Photograph the vehicles, the scene, and your injuries.
• Write down any detail about a fleeing vehicle: color, make, partial tag, direction of travel.
• Notify your own insurer promptly and ask for a copy of your full policy and declarations page.
• Talk to a lawyer before giving a recorded statement or signing any release, including one from the at-fault driver’s insurer.

How long do I have to make a UM claim in Alabama?

You should notify your insurer right away, because policies generally require prompt notice. The deadline for filing suit against the at-fault driver is generally two years under Ala. Code § 6-2-38. A claim against your own insurer for UM benefits can be subject to a different limitations period, but the two deadlines often interact, and relying on the longer one can backfire. Exceptions may apply. Our guide to Alabama deadlines explains more.

How our Dothan uninsured motorist lawyers handle UM and UIM claims

We start by finding every policy that may apply: the at-fault driver’s liability coverage, your own UM/UIM coverage, policies of household members, and coverage on the vehicle you were in. We check for stacking, review any rejection forms, and handle the notice and consent-to-settle steps so your UIM claim is protected. Then we build the injury claim itself with medical records, bills, and proof of lost income.

UM and UIM claims are handled on a contingency fee. There is no upfront attorney’s fee, and the fee is paid from a recovery, with terms confirmed in writing. If you were hurt by an uninsured or underinsured driver in Dothan, Enterprise, Ozark, Headland, or anywhere in Southeast Alabama, we can review your policies and explain your options in a free consultation.