Injury · Alabama
the short answer
You have two years from the day of the crash to file, and no amount of talking to an insurer extends it. If any of the blame lands on you, that is the end of it — Alabama still bars the claim of a driver who was even slightly at fault. The money comes from the other driver's liability insurer, and no injury threshold stands in the way.
source ↗Not yet checked against the statute.
governing statute
Ala. Code § 6-2-38(l)
source ↗Not yet checked against the statute.
who pays first
Alabama is an at-fault state, so there is no injury threshold to clear before you can sue: the claim is against the driver who caused the crash and their liability insurer, and the medical bills, the lost earnings and the pain and suffering all come from there. Liability cover is compulsory for every driver here. (Ala. Code § 32-7A-4)
source ↗Not yet checked against the statute.
Across the country. 38 of the 51 states written up answer this the same way as Alabama. Compare every state →
your share of the fault
Any share of the blame at all ends the claim. One percent at fault and you recover nothing — Alabama is one of five jurisdictions in the country that still applies contributory negligence, and it is the hardest single fact about an injury claim here. (Golden v. McCurry, 392 So. 2d 815 (Ala. 1980))
source ↗Not yet checked against the statute.
Across the country. 5 of the 51 states written up answer this the same way as Alabama. Compare every state →
limit
2 years
source ↗Not yet checked against the statute.
Across the country. 25 of the 51 states written up answer this the same way as Alabama. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →
which court
District Court, small claims docket
source ↗Checked against the statute on 2026-08-25
small claims limit
$6,000
source ↗Checked against the statute on 2026-08-25
your situation
Everything above is the law as it reaches everyone in Alabama. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy
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