Updated October 5, 2026 · By John C. Hubbard, Attorney
An Alabama car wreck claim runs through the same stages whether it settles in four months or is tried in two years: treatment, investigation, demand, negotiation, and, if needed, suit. Knowing the sequence tells you what to do now and what to expect from the firm. Here it is from the first day.
Day one: the scene and the first week
Call the police and get the report number; in Alabama the report is not admissible at trial but it is what every adjuster works from. Photograph the vehicles, the scene, and your injuries. Get the other driver’s insurance card and the names of witnesses. See a doctor the same day or the next, even if you feel mostly fine, because the insurer treats a gap between the wreck and the first visit as proof you were not hurt. Do not give a recorded statement to the other driver’s insurer, and do not post about the wreck. Call the firm; the review is free, and the preservation letters that save the video and the vehicle data go out in the first week.
Weeks one through four: representation and coverage
The firm sends letters of representation to every insurer, so the adjusters call the office instead of you, and identifies every policy that might pay: the other driver’s liability coverage, an employer’s policy if he was working, an umbrella, and your own uninsured and underinsured motorist coverage, which in Alabama stacks across up to three vehicles. Your medical payments coverage, if you have it, pays bills now regardless of fault. Property damage is usually handled directly with the other driver’s insurer early, because the car does not need to wait for the injury claim.
Treatment: the months that set the value
The claim cannot be valued until your doctors know what your injury is and what it will cost going forward. That means following through on treatment, keeping appointments, and telling your doctors every symptom. Gaps in treatment and missed appointments are the two facts insurers use most to cut offers. This stage lasts as long as your recovery does. The firm does not send a demand until you have reached maximum medical improvement or your doctors can state your future needs, because a demand sent too early leaves money on the table.
The demand
A package to the adjuster with the proof of fault, your medical records and bills, your wage loss, and a settlement figure. The adjuster evaluates it against the policy limits, the fault evidence, and Alabama’s contributory negligence rule, and responds with an offer. Negotiation follows. Most Alabama car wreck claims settle at this stage, usually within a few months of the demand.
Suit, discovery and mediation
If the offer is not fair, suit is filed in the circuit court of the county where the wreck happened, in Jefferson County for most of the firm’s cases, and must be filed within two years of the wreck (Ala. Code § 6-2-38). Written discovery is exchanged, both drivers and the treating doctors are deposed, and the court sends the case to mediation. Most filed cases settle at or shortly after mediation. The ones that do not are tried to a jury, typically 18 to 24 months after filing.
Settlement and what comes out of it
The attorney’s fee, case expenses, and the medical liens: your health insurer, Medicare or Medicaid, and any hospital with a lien under Ala. Code § 35-11-370. The firm negotiates those liens after the settlement amount is agreed, and you see every number before you sign the release. The check usually arrives within a few weeks of the release.
What makes the difference
Early evidence, consistent treatment, and saying nothing to the other side until the firm has the file. The rest is work the firm does. The review is free and there is no attorney’s fee unless money is recovered. Alabama 205-378-8121. Se habla español.
Related guides
- Contributory negligence in Alabama: how insurers use it to deny claims
- Uninsured motorist claims in Alabama
- Disputed liability wrecks: how fault gets proven
- What to expect at a personal injury deposition
Practice pages: Car wreck lawyer, Personal injury overview.
Local pages: Birmingham, Hoover, Vestavia Hills, Huntsville, Houston.
This post is general information about Alabama law, not legal advice, and contacting the firm does not create an attorney-client relationship. No representation is made that the quality of legal services is greater than that of other lawyers.