Two years to file, from the date of injury
Ala. Code § 6-2-38
Pure contributory negligence
Alabama's fault rule
Contingency Representation
On qualifying matters
Property Damage Claims in Alabama
When your vehicle is damaged in an accident caused by another driver, you may be owed more than repair costs. Depending on your state and coverage, the law may also allow you to recover diminished value (the permanent loss in your vehicle's market value even after proper repairs) and loss of use compensation for the time you're without your vehicle. Insurance companies often ignore or undervalue these claims. Our attorneys pursue the full property damage claim, including diminished value and loss of use where the law allows it.
Both of our attorneys are licensed in Alabama. The firm handles property damage claims for clients across the state, in Birmingham, Hoover, Huntsville, Montgomery, Tuscaloosa, and Mobile, and everywhere in between. Contingency fees are available on qualifying matters, and the rules below are the ones that will shape your Alabama claim from the first phone call.
The Alabama Filing Deadline
Most Alabama personal injury lawsuits must be filed within two years of the date of injury under Ala. Code § 6-2-38. Alabama recognizes very few exceptions, and courts apply the deadline strictly. Waiting almost always hurts the claim and can bar it entirely.
Fault in Alabama: Pure contributory negligence
Alabama is one of only a handful of American jurisdictions that still applies pure contributory negligence. If the defense persuades a jury that you bear any share of the fault, even one percent, your recovery can be completely barred. Insurance adjusters in Alabama build their files around this rule from day one, which is why you should never give a recorded statement or accept blame in any form before speaking with an Alabama-licensed attorney.
Wrongful Death Claims in Alabama
Alabama's wrongful death statute, Ala. Code § 6-5-410, is unlike any other state's: the only damages recoverable are punitive damages, measured by the wrongfulness of the defendant's conduct rather than the family's economic loss. The claim must be brought by the decedent's personal representative within two years. Presenting these cases well requires attorneys who know how Alabama juries are asked to value conduct, not loss.
Claims Against Alabama Government Entities
Claims against Alabama cities carry notice deadlines measured in months, not years: a sworn claim generally must be presented to a municipality within six months of the injury under Ala. Code §§ 11-47-23 and 11-47-192. Claims involving counties and state agencies have their own presentment rules and immunity defenses. If a government vehicle, road defect, or public facility is involved, treat the deadline as immediate.
Alabama Property Damage Claims FAQ
How long do I have to file a property damage claim in Alabama?
Most Alabama personal injury lawsuits must be filed within two years of the date of injury under Ala. Code § 6-2-38. Alabama recognizes very few exceptions, and courts apply the deadline strictly. Waiting almost always hurts the claim and can bar it entirely. Claims against Alabama government entities follow their own strict rules, described below, so it is worth getting advice early.
What happens if I was partly at fault for my property damage in Alabama?
Alabama is one of only a handful of American jurisdictions that still applies pure contributory negligence. If the defense persuades a jury that you bear any share of the fault, even one percent, your recovery can be completely barred. Insurance adjusters in Alabama build their files around this rule from day one, which is why you should never give a recorded statement or accept blame in any form before speaking with an Alabama-licensed attorney.
What does it cost to hire a property damage lawyer for a Alabama case?
The consultation is free. Contingency fees are available on qualifying matters. On a contingency case, the attorney fee is a percentage of any recovery, and there is no attorney fee if there is no recovery. We advance case expenses, and the written fee agreement sets out how they are handled before we begin.
Can a Hoover, Alabama firm handle my Alabama case?
Yes. Between them, our attorneys are licensed in Alabama, Georgia, and South Carolina, and we represent Alabama clients by phone, video, and in person. What changes across a state line is not our involvement in the case but which rules apply, and we practice under Alabama's.
Free Alabama Guides on This Topic
Plain-English answers under Alabama law, free to read before you ever call.
Hurt in Another State?
The same firm, under the rules of the state where you were hurt.