The Alabama car accident statute of limitations and why blame matters
The Alabama car accident statute of limitations is two years. Call free to check your date.
Alabama still uses contributory negligence, an old rule where your own share of blame can stop you from collecting anything. Few states are this strict. You also have two years from the crash to sue for your injuries, under Code section 6-2-38.
The deadlines in Alabama
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Two years | Ala. Code 6-2-38(l) |
| Car or property damage lawsuit | Plan on two years; a trespass claim gets six | Ala. Code 6-2-34 |
| Shared fault | Any fault of yours can bar the claim | Walker v. Holifield (N.D. Ala.) |
| Minimum liability cover | $25,000 / $50,000 / $25,000 | Ala. Code 32-7-6 |
| Claim against a city | Six months to present it | Ala. Code 11-47-23 |
| Wrongful death lawsuit | Two years from the death | Ala. Code 6-2-38(a) |
Alabama deadlines that run shorter or longer
A claim against a city must reach the city clerk within six months under section 11-47-23. Counties allow 12 months under section 11-12-8.
Children get more time. Alabama counts adulthood from age 19 and section 6-2-8 starts the two years after that birthday. Car damage is less clear: a trespass claim, meaning direct harm to property, gets six years, but a court may call it negligence with two.
Why a small share of blame can end an Alabama claim
Most states trim your award by your share of fault. Alabama does not. A federal judge in a 2026 crash case wrote that contributory negligence is a complete defense under Alabama law, in Walker v. Holifield.
The other side must show you saw the danger and put yourself in its way anyway. Skipping a seat belt does not count, under section 32-5B-7. But one casual remark to an adjuster can become the whole defense.
Where the money comes from after an Alabama crash
Alabama is an at-fault state, so the driver who caused the wreck pays through their insurer. The floor is $25,000 per person, $50,000 per crash and $25,000 for property, under section 32-7-6. Your policy must include uninsured motorist cover unless you turned it down in writing, under section 32-7-23.
When to call an Alabama car accident lawyer
Call before you give a recorded statement, since one careless line can bar the claim. An attorney can also send the city notice in time and file suit before the two years end. The call is free and the lawyer is paid only if you win.
Other states: Mississippi, Tennessee, Georgia, Florida or every state on one page.
Alabama car accident statute of limitations questions
How long do I have to sue after a car wreck in Alabama?
Two years from the crash for injuries, under section 6-2-38. A death claim has two years from the date of death.
Can I get paid in Alabama if I was partly at fault?
Often not. Any fault of yours that helped cause the crash can block the whole claim.
Is Alabama a no-fault state?
No. The at-fault driver’s liability insurer pays for injuries and car damage, up to the policy limits.
What if a city vehicle hit me in Alabama?
You must present a claim to the city clerk within six months. Injury claims also need a sworn statement of how, when and where it happened, under section 11-47-192.
Before the clock runs out
In Alabama, the insurer only needs to pin a sliver of blame on you to deny everything. Call before you sign or give a statement and a lawyer will review the offer and your deadline free.
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