Updated October 5, 2026 · By John C. Hubbard, Attorney
If the driver who hit you in Alabama had no insurance, or not enough, your own policy’s uninsured and underinsured motorist coverage is the claim. Alabama requires every auto insurer to offer it (Ala. Code § 32-7-23), most people have it without knowing, and the rules for using it are different from an ordinary liability claim. Here is how it works in practice.
Do I have uninsured motorist coverage?
Probably. Alabama insurers must include UM coverage in every policy unless the named insured rejected it in writing, and the coverage must be at least the state minimum of $25,000 per person and $50,000 per accident. Look at your declarations page for a line reading “Uninsured Motorist” or “UM/UIM.” In Alabama, uninsured motorist coverage also covers underinsured drivers, meaning a driver whose liability limits are lower than your damages.
How much coverage do I actually have?
Often more than the number on the page. Alabama allows stacking: if your policy covers more than one vehicle, you can add the UM limits for up to three vehicles. A $25,000 limit on a policy covering three cars becomes $75,000. If you have separate policies on separate vehicles, those stack too. The insurer will not volunteer this. Send the firm every declarations page in the household.
Does it matter that I was a passenger, or on foot?
No. UM coverage follows the person, not the car. If you were a passenger in someone else’s vehicle, you can claim under the host driver’s UM coverage and under your own, and the policies stack. If you were a pedestrian or cyclist hit by an uninsured driver, your own auto policy’s UM coverage still applies. Family members who live with you are usually covered under your policy as well.
What do I have to prove?
The same thing you would have to prove against the other driver: that the uninsured driver was at fault and that the wreck caused your injuries. The statute says the insurer pays what you are “legally entitled to recover” from the uninsured motorist. That means Alabama’s contributory negligence rule applies to your own insurance company’s defense of the claim. Your insurer will contest fault and the value of your injuries exactly the way the other driver’s company would, and it is entitled to. Do not treat the claim as a formality.
Can I settle with the other driver’s insurer first?
Only after you notify your UM carrier and give it the chance to protect its subrogation rights. Alabama’s Supreme Court set out the procedure in Lambert v. State Farm: tell your UM carrier about the proposed settlement, give it a reasonable time to decide whether to pay you the settlement amount itself and pursue the other driver, and do not sign a release until that time has passed. Settling without notice can forfeit the UM claim. This is the most common way people lose underinsured motorist coverage, and it happens in the first weeks after a wreck when the other driver’s adjuster offers policy limits quickly.
What happens if my insurer and I disagree?
You sue the uninsured driver, and your insurer has the right to join the case or to opt out and be bound by the result. Alabama’s Lowe v. Nationwide procedure gives the carrier that choice. Either way the case is tried to a jury on fault and damages, and your UM carrier pays the verdict up to your stacked limits. In practice most UM claims settle once the firm has documented liability and the medical damages, but the carrier needs to know the firm will try the case.
Deadlines
A UM claim is a contract claim and carries a six year limitations period in Alabama, but the underlying claim against the uninsured driver is a two year tort claim, and the two are tied together: if the tort claim is lost, the UM claim is lost with it. Treat the two year date as the deadline.
What to send the firm
The police report, your declarations pages, any letter from the other driver’s insurer about coverage or limits, and the names of the places you have treated. If the other driver’s adjuster has already offered policy limits, say so and do not sign anything. The review is free and there is no attorney’s fee unless money is recovered. Alabama 205-378-8121. Se habla español.
Related guides
- How an Alabama car wreck claim works, start to finish
- Contributory negligence in Alabama: how insurers use it to deny claims
- Disputed liability wrecks: how fault gets proven
- Motorcycle accident claims in Alabama and Texas
Practice pages: Car wreck lawyer, Wrongful death lawyer.
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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.