5 min read· Alabama Personal Injury · Serving AL, GA & SC
Deadlines and fault rules differ in each state we serve. Read this question answered under the law of the state where you were injured.
Two years to file (Ala. Code § 6-2-38)
You are reading the Alabama guide
Two years to file (O.C.G.A. § 9-3-33)
Read the Georgia guideThree years to file (S.C. Code § 15-3-530)
Read the South Carolina guideUninsured and underinsured motorist (UM/UIM) coverage is not legally required in Alabama, but it is often one of the most valuable protections you can carry. It pays for your injuries when the at-fault driver has no insurance or not enough to cover your losses. Given how many drivers carry only minimum coverage or none at all, and Alabama's strict contributory negligence rule, UM/UIM coverage can be the difference between a real recovery and being left with bills you cannot collect.
You can do everything right and still be hit by a driver who has little or no insurance. When that happens, the question becomes whether your own policy can step in. That is exactly what uninsured and underinsured motorist coverage is designed to do.
This guide explains how UM/UIM coverage works in Alabama, why it matters, and what to check on your own policy. It is educational and not a substitute for advice about your specific coverage or claim.
Uninsured motorist coverage applies when the at-fault driver has no insurance, including in many hit-and-run situations. Underinsured motorist coverage applies when the at-fault driver has some insurance, but not enough to cover your losses. In both cases, your own insurer can help pay for your injuries up to your coverage limits.
This coverage protects you and often your passengers and family members, depending on the policy. It is meant to fill the gap created by other drivers who are not adequately insured.
Many Alabama drivers carry only the minimum 25/50/25 coverage, which can be quickly exhausted by a serious injury, and some drive with no insurance at all. Without UM/UIM coverage, you could win a claim on paper and still be unable to collect enough to cover your losses.
Because Alabama also applies contributory negligence and does not require the at-fault driver to carry high limits, having your own robust coverage is one of the few protections fully within your control.
Alabama insurers must offer UM/UIM coverage, and you can typically waive it only in writing. That means you may already have it, or you may have signed it away without fully realizing the consequences. It is worth reviewing your declarations page to confirm what you carry.
After a crash, you may be able to access UM/UIM coverage on more than one applicable policy in some situations. Because these rules are technical, it is wise to confirm your available coverage rather than assume.
Aisha is struck by a hit-and-run driver on Highway 280 who speeds off and is never identified. She assumes she is simply out of luck because there is no at-fault driver to pursue.
If Aisha carries uninsured motorist coverage, it can apply to hit-and-run crashes, letting her recover under her own policy even though the other driver vanished. Many Alabama drivers have UM coverage without realizing it, which is why checking the declarations page is a critical early step.
This scenario is a simplified, illustrative hypothetical to explain how the law generally works. It is not a real case and is not a prediction or guarantee of any particular outcome.
Our Birmingham and Hoover personal injury attorneys handle these claims. Learn how we can help, or call for a free, confidential consultation. These matters are handled on a contingency basis.
For many drivers, yes. Given how many people carry minimum or no insurance, UM/UIM coverage can be the only meaningful source of recovery after a serious crash caused by an under-insured driver.
It often can, depending on your policy terms and the circumstances. Uninsured motorist coverage is frequently designed to apply when an unidentified or uninsured driver causes the crash.
Yes. Because insurers must offer it and it can usually be waived only in writing, you may already carry it. Check your declarations page or ask your agent to confirm.
That depends on your insurer and the facts. Concerns about rates should not stop you from understanding your coverage; an attorney can help you evaluate how best to pursue available coverage after a crash.
This guide is provided for general educational purposes only and does not constitute legal advice or create an attorney-client relationship. It is not medical advice. Alabama law and its application depend on the specific facts of your situation and can change over time. For advice about your matter, speak with a licensed Alabama attorney.