Underinsured and Uninsured Motorists

Underinsured and Uninsured Motorists

Alabama Statutory Law:

Under Alabama law, automobile liability insurance policies must include uninsured (UM) and underinsured (UIM) motorist coverage. Uninsured motorist coverage covers damages from an uninsured driver.

In addition, Ala. Code § 32-7-23, ensures that UM/UIM coverage is imposed regardless of whether it is mentioned in the policy itself. In essence, Alabama law ensures that the liability insurance coverage is available to individuals for damages incurred as a result of an accident involving an uninsured motorist. 

If the at-fault driver has insurance coverage, but the limits of that policy are insufficient to cover the damages incurred, the insured may obtain underinsured motorist benefits.

The Alabama Motor Vehicle Safety-Responsibility Act requires that all automobile insurance policies in Alabama provide a minimum coverage for UM/UIM benefits. The Act was amended in 2008 to provide minimum coverage of $25,000 per person and $50,000 total. 

Recovery:

In order to obtain UM/UIM benefits, the insured must prove that he/she is legally entitled to recover from the at-fault party. The party seeking to recover under UM/UIM benefits has the burden of establishing that neither the at-fault party, nor the owner of the vehicle carried bodily injury liability insurance.

Options?

Call Wiggins Law Firm at (205) 252-3999 to further discuss your options. We have personal injury attorneys at our disposal to help consult with these matters!