Nov 10, 2021 | By Fob James, IV | Read Time: 2 minutes
Attorney Portrait Articles

Who Is at Fault for a Changing Lanes Car Accident?

If another driver caused an accident that injured you, you deserve full compensation. That means compensation for your medical bills, lost wages, and even pain and suffering, among other components of damages. If you or the other driver was changing lanes during the accident, however, you have to prove that the accident was the other driver’s fault. And that could be challenging.  Lane Change Accidents and Fault: Alabama’s Draconian Contributory Negligence System In many accidents, more than one party is at fault for the accident. How should a court apportion damages when both drivers are at fault?  In most other states, a court will divide damages between the parties depending on their relative fault (65% at fault vs. 35% at fault, for example). In Alabama, however, a court won’t award you any compensation if you were even 1% at fault for the accident.  To win, you have to prove that the other driver was 100% at fault. This matters just as much in negotiations with the insurance company as it does in court. The insurance isn’t likely to pay any claim that they could defeat in court. You may find 100% fault very difficult to prove without an attorney, especially with the other side examining the evidence to prove you were at least partially at fault.   Who Is at Fault in a Car Accident While Changing Lanes? So who is at fault in a car accident caused by changing lanes? Typically (but not always), an accident is the fault of the driver who was changing lanes. If the other driver caused your accident while changing lanes, you might prove that they had an obligation to yield but failed to do so. This interpretation is particularly likely if the other driver caused the accident by trying to muscle into your lane during, say, merging. A Car Hit Me While Changing Lanes. How Do I Prove It? In law, you could say that nothing is true except what you can prove.  The following evidence is frequently useful when trying to prove a car accident claim: Photos of damage to the vehicles, the scene of the accident, and road conditions—even the nature of the damage can tell you something about how the accident happened; Surveillance videos from nearby businesses that might have captured the accident on film; Eyewitness statements or party admissions on body cam; The police accident report (usually not admissible in court except for party admissions, but often useful in other ways);  Black Box data from the involved vehicles;  Forensic examination and data download of the other driver’s cell phone data to prove he or she was a distracted driver; Testimony from an accident reconstruction expert. Long experience has endowed our car accident attorneys with the knowledge of how to prove fault and build a strong case with the evidence that is available.  We’ve Got You Covered If you have been injured in an Alabama car accident, you might not know where to turn. It’s not enough to be the victim of someone else’s negligence. You have to be able to prove it with admissible evidence. And you deserve full compensation for all your losses, not just some of them. That’s OK, because we’ve been doing this for over four decades now, and our clients are our mission. Contact Fob James Law Firm by calling 205-407-6009 or by contacting us online.

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Oct 26, 2021 | By Fob James, IV | Read Time: 2 minutes
Attorney Portrait Articles

What To Do After an Uber Accident

Uber’s rise in popularity has provided greater access to transportation, but it has also brought about more accidents on the road. While it is unfortunate to experience an accident in the backseat of your Uber, you may have legal options to seek financial compensation. If you’ve been involved in an Uber accident as a passenger, The Fob James Law Firm is ready to help you. Uber Accidents in Alabama Uber has been available throughout Alabama since 2018. With more Uber drivers, you can expect more accidents on the road. Because of this, there are special insurance rules for Uber accidents in Alabama. If an Uber driver is driving a passenger, Uber’s company insurance policy comes into play. The state of Alabama requires Uber to carry $1 million liability coverage. Additionally, Uber must provide their drivers with $1 million in uninsured motorist coverage. If an Uber driver is active on the app but is not driving any passengers and does not have any ride requests, Uber’s policy applies. In Alabama, Uber’s policy must provide drivers with: $100,000 coverage for injuries; $25,000 coverage for property damage; and $50,000 coverage per person for medical expenses. It is important to note this is a secondary policy. After an Uber accident, the other person must file a claim with the driver’s insurance company before they can go after Uber’s insurance. Finally, if an Uber driver is completely logged off the app and not working, the driver’s car insurance will provide coverage. Because they are not currently working, Uber’s insurance would not cover the driver in case of an accident. In Alabama, every driver must have minimum car insurance coverage, including: $25,000 bodily injury per person; $50,000 bodily injury per accident; and $25,000 property damage. Therefore, after an Uber accident, it is crucial to know whether the driver was working or not. An Uber accident claim lawyer can help you get the details of your accident straightened out. Who Is Responsible for Uber Accidents? Determining who is responsible for an Uber accident often requires some investigation. Was there a passenger in the Uber at the time of the accident? Was the Uber driver on the way to pick up a passenger? Was the Uber driver off the clock and making a personal trip? If you are a passenger in an Uber and an accident occurs, Uber would be responsible. This means you would file a claim against Uber’s insurance policy. If you’ve been involved in an accident while riding in an Uber, a car accident attorney in Alabama could help you navigate your claim. What To Do Immediately Following an Uber Accident What you do after an Uber accident could have an impact on your claim. If possible, after your accident you should: Call 911, Seek medical care, and Take photos and videos at the scene. Lastly, you should contact an Uber accident lawyer as soon as possible. Uber accident claims can be tricky, but an experienced attorney can help give you peace of mind while seeking the financial compensation you need. Let an Uber Accident Attorney Help You The Fob James Law Firm has had the pleasure of working alongside countless clients throughout the years. We offer the highest quality legal representation when you need it most. Our firm prides itself on going the extra mile for our clients, offering personalized attention and top-quality service. If you’ve been involved in an Uber accident, do not hesitate to contact us.

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Oct 26, 2021 | By Fob James, IV | Read Time: 2 minutes
Attorney Portrait Articles

Average Settlement for Drunk Driving Accidents in Birmingham

When you get hit by a drunk driver, the aftermath and overall injuries can be devastating. Many victims after the accident want to know the average drunk driver settlement and if it covers their losses. Since every accident has unique factors, it’s difficult to determine a reasonable drunk driving lawsuit settlement without the help of an experienced Birmingham car accident attorney. Here is everything you need to know about the factors that go into settlement calculations. Do Average Drunk Driver Settlement Calculators Give an Accurate Estimate? Unfortunately, no. Online calculators cannot take the circumstances of your case into account when determining a potential settlement. At most, online settlement calculators may help calculate economic damages, but they cannot accurately represent non-economic factors. For example, if your injury makes it impossible to participate in your favorite hobby, an online calculator won’t be able to include it. Types of Damages Used to Calculate Drunk Driving Lawsuit Settlements In personal injury cases involving a drunk driver, there are three types of damages used to determine a potential settlement: economic damages, non-economic damages, and punitive damages.  Economic Damages  Economic damages are any tangible losses you sustain as a result of the accident. This typically includes any medical bills you receive for treatment of your injuries, lost wages from missing work during recovery, and the cost to repair/replace your vehicle. In claims involving serious injuries, it may also cover lost earning potential if your injury prevents you from returning to the same job. Non-Economic Damages Non-economic damages refer to any intangible losses you have after the accident. This covers anything from loss of quality of life to pain and suffering. These damages are the most subjective and aren’t calculated the same exact way by every attorney. However, many attorneys use some form of either the multiplier or per diem method. The multiplier method calculates non-economic damages by assigning a multiplier to the total economic damages, usually between one and five. In contrast, the per diem method assigns a dollar amount owed per day of recovery. Punitive Damages Punitive damages are very rare and only apply to cases where the defendant acted with wanton, reckless disregard for the safety of others. The court or jury usually determines the amount of punitive damages rather than the attorney for the plaintiff. Examples of Drunk Driving Settlements To demonstrate the calculations that go into an average drunk driver settlement, here is an example of how a potential settlement might be determined. John sues a drunk driver for crashing into him and severely fracturing his arm. He has $80,000 in economic damages. John’s attorney decides to use a multiplier of five to calculate non-economic damages since John’s injury prevents him from playing with his minor league baseball team. This makes John’s non-economic damages $400,000. In total, John’s potential settlement is $480,000. In this case, John’s non-economic damages significantly increased his potential settlement because it ended his minor league baseball career. While this may not represent every case, it should give you a good idea of how attorneys calculate the average drunk driving settlement. Hit By a Drunk Driver? The Fob James Law Firm Can Help If you’ve been injured in an accident with a drunk driver, you don’t have to face it alone. At the Fob James Law Firm, our Birmingham, AL car accident attorneys fight tirelessly for the compensation you need to recover while providing a compassionate, individualized approach. To schedule a free consultation, give us a call or contact us online.

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Sep 20, 2021 | By Fob James, IV | Read Time: 2 minutes
Attorney Portrait Accident Reports

How to Get a Copy of Your Phenix City Accident Report

If you were involved in a motor vehicle accident in Phenix City, Alabama, you might be considering filing a legal claim with the other driver’s insurance company. In most cases, you will need a copy of your accident report to get the process started. After a motor vehicle collision, the police officer reporting to the scene will complete and file an Alabama Uniform Traffic Crash Report form. This form contains a variety of valuable information that will be required for pursuing a legal claim or lawsuit. You can obtain Phenix City, AL car accident reports in a few different ways, some of which are easier than others. How to Download a Copy of Your Phenix City, AL Car Accident Report The Phenix City police department does not provide a direct way to obtain a copy of a report electronically. Instead, their website directs you to the LexisNexis police report site. This site allows you to search accident reports and obtain copies. You must have been involved in the accident to review or obtain a report. You also need to have the report number or the date of the accident and the last name of a driver involved in the crash. The cost to download your accident report is $23.00. All major credit cards are accepted. Where Is the Phenix City Police Department? Alternatively, you can obtain your crash report in person by going to the police station in Phenix City, which is located at the following address: Public Safety Building1111 Broad St.Phenix City, AL 36867 If you choose to pick up your accident report in person, you will be required to provide a copy of your government-issued photo ID. The cost for in-person pickup is only $2.00, and only cash or checks are accepted. Where to Find Your Car Accident Report in Russell County, AL If your car accident occurred outside of the Phenix City limits and in Russell County, you can likely download your accident report through the Alabama Law Enforcement Agency (ALEA) website. They offer an electronic option for you to order a Russell County, AL accident report online. All major credit cards are accepted and the cost is $17.00. In order to download your accident report, you will need to enter either: (i) the DPS number (crash report number) or (ii) the last name of a driver and their driver’s license number. You can obtain the DPS number for your car wreck by contacting Alabama Highway Patrol by phone at 334.242.4393 or by email at highway.patrol@alea.gov. Contact an Alabama Car Accident Lawyer for Help with a Phenix City Accident Report The easiest way to get your police report is to contact an Alabama car accident attorney. Your attorney will gather all the evidence necessary to build a persuasive case on your behalf, including the accident report. At the Fob James Law Firm, our Alabama car accident lawyers work diligently to build your case and negotiate a settlement with the at-fault party’s insurance company. If necessary, our experienced litigators will file a civil lawsuit and fight to get you justice in court. You could be entitled to recover compensation for your medical treatment, lost income, pain and suffering, and more. If you need help call our office today at 334-739-9000.

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Aug 25, 2021 | By Fob James, IV | Read Time: 2 minutes
Attorney Portrait Articles

Understanding Alabama Right of Way Laws

Intersection accidents are common in Alabama. Many of these happen because drivers are unaware of how they should safely proceed when other vehicles are in the intersection and there is no signal or stop sign. It’s essential to familiarize yourself with the Alabama right-of-way laws, so you aren’t the cause of a collision.  If you or someone you love suffered injuries in an intersection accident, you have legal rights. Contact the skilled Birmingham car accident lawyers at Fob James Law Firm today to discuss how to pursue compensation for your damages. What Are the Alabama Right-of-Way Laws? When you reach an intersection, it’s crucial to know your rights and obligations for the town or city you are driving in. In general, some of the most important rules to remember include the following: If you encounter an emergency vehicle on the road, they always have the right of way; Vehicles that are turning from a driveway or a private road need to yield to any vehicles already on the public road; When two vehicles reach an intersection without any stop signs, the vehicle to the right is the one with the right of way; If you see someone walking with a guide dog or a blind person carrying a red-tipped cane, they also have the right of way; and If you have a yield sign and there is a pedestrian, the pedestrian is the one with the right of way. Even in intersections with stop signs, right-of-way laws apply. For example, if two vehicles reach respective stop signs simultaneously, the vehicle to the right will still have the right of way. While these are the right-of-way rules, there’s no guarantee that everyone will obey them. Being a defensive driver and using caution when approaching an intersection can help keep you safe. Tips for Intersection Safety Knowing the right-of-way laws when approaching an intersection is only one part of staying safe. Always approach any intersection carefully and look out for other cars, especially in blind areas where it’s challenging to see approaching vehicles. Even if you think you have the right of way, look in all directions and use your signal to let other drivers know what you are doing. If the intersection has a stop sign, you should always stop. When you stop, you should be behind the painted line if there is one present. Always stop for a few seconds and look in every direction before driving. You still need to be careful when you reach an intersection with a traffic signal, even when your light is green. When the light turns green, always look in every direction before proceeding through the intersection. If you reach a yellow, slow down and use caution. If the light is flashing yellow, treat it like a yield sign. Seek Legal Assistance From an Alabama Car Accident Lawyer If you or a family member received injuries in an intersection collision caused by another party’s negligence, you could have the right to bring a personal injury claim. Our experienced Birmingham car accident lawyers at Fob James Law Firm can help. We have years of experience assisting Alabama clients with all their injury needs and have a record of success in recovering compensation. Contact our office today to schedule a free, no-obligation consultation to learn more about how we can assist you.

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Aug 16, 2021 | By Fob James, IV | Read Time: 4 minutes
Attorney Portrait Articles

What Is the Process for Filing a Motorcycle Accident Insurance Claim?

Dealing with the other driver’s insurance company following an accident is stressful enough. However, it’s often more challenging when you’re riding a motorcycle. Despite what the at-fault driver’s insurance company wants you to believe, they aren’t on your side. They have one goal—to reduce their overall payout. Don’t be intimidated by the motorcycle claims process and consider walking away, as you could be giving up a lot of money that is rightfully owed to you. Instead, hire an experienced Birmingham motorcycle claims attorney to represent you. Then, you won’t have to speak with the insurance company at all.   At Fob James Law Firm, LLC., we have years of experience assisting injured motorcycle victims with filing their claims. We understand the tactics that insurance companies use when dealing with accident victims. When you retain us immediately following an accident, we will deal with the other driver’s insurance company directly, so you don’t have to. If you are on the fence about hiring an attorney, here’s what you need to know about filing a motorcycle insurance claim in Alabama on your own. What Type of Claim Do You Need to File? There are two main types of claims when you are looking to collect compensation from the other driver. These are property damage and personal injury claims. Your property damage claim is for the damages sustained to your motorcycle. If you were at fault or you hit a stationary object, you may need to file a claim with your own insurance company if you have applicable coverage. First-party property coverages are collision and comprehensive. Collision would apply when you strike a fixed object or hit someone else, and the accident is your fault. Comprehensive is for non-collision damage, such as dropping your bike. These coverage types typically have a deductible that you need to meet before the insurance company pays your claim. When someone else is at fault, you will present a third-party claim to their insurance. If a shop can repair your motorcycle, the at-fault driver’s insurance company might cover repair costs. If the auto shop cannot fix it, the insurance company may pay for the value of your motorcycle minus salvage. A third-party personal injury claim is for your injuries. Before you can receive compensation in a personal injury claim, you have to prove liability against the other driver. You could be entitled to recover compensation for your current and future medical expenses, lost wages, your physical pain and suffering, mental anguish, etc. Preparing for Filing a Motorcycle Insurance Claim The most important thing to have for your claim is preserved evidence. Provided you can do so safely, try to obtain as many photos as possible before moving your motorcycle or the other vehicles from the accident site. You want to capture all the damage to your motorcycle and the other car. Include pictures of skid marks and anything else that could be an essential part of your claim, such as road conditions, weather, etc. Be sure to exchange information with the other driver and ask to see their identification. You also want to contact the police and wait for them to arrive, especially if you are injured. If you do not require transport to the hospital from the accident scene, it’s crucial to seek medical treatment as soon as possible. If you delay treatment or skip appointments, the other driver’s insurance may use that against you to claim your symptoms aren’t related to the accident. Motorcycle Insurance Claim Process If you are filing a claim with your own insurance company, you may need to contact your agent (if you have one) or contact the claims number for your carrier. You may need to sign a proof of claim form, which you need to verify is correct. When presenting a first-party claim, your insurance company must act in your best interest or you could accuse them of bad faith. If you are making a third-party claim, you will need to contact the other driver’s insurance company to file that claim. This insurance company owes you no duty, which is why you need to be cautious of what you say. They will want you to provide a recorded statement. You should not do so without legal representation. When an insurance company wants you to make a statement without your lawyer present, they are hoping you will say something they can use against you. Then, they can use your own words to deny your claim outright or reduce your overall claim value. Once they process the claim, an adjuster is assigned. The adjuster opens an investigation and asks you to send all supporting information, including the police report, photos of the damage, medical records, employment records, and more. They use this information to decide whether your claim has merit.  Please be advised that the insurance company’s primary goal is to reduce their own exposure. You can expect the adjuster to place as much fault on you as possible and argue that your medical bills are excessive or that you were treated longer than you should have been for this type of injury. Insurance companies rely on the fact that you are inexperienced in the legal process and negotiations. That is one reason why having an attorney represent you is beneficial. We know what to look for, and will not let the insurance company undervalue your claim or unfairly deny it. Settling a Motorcycle Claim Once you have presented a demand letter and engaged in negotiations, your claim may settle. You should speak with an experienced Birmingham motorcycle accident attorney before agreeing to the settlement and signing a release of all future claims. Once you sign the release, you cannot return to the insurance company for additional compensation if you need further treatment down the road. Insurance companies may also include tricky language in the check memo, noting you forfeit the right to any further claims, which could be problematic if you resolve your property damage and bodily injury claims at separate times....

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Aug 16, 2021 | By Fob James, IV | Read Time: 4 minutes
Attorney Portrait Articles

Do I Need Uninsured Motorist Insurance in Alabama?

If you get into an accident that someone else caused, the other driver is liable for your damages. If that driver does not have car insurance, the chances of recovering compensation directly from them are small. If you carry uninsured motorist insurance on your own auto policy, however, that coverage can help with your medical bills and car repairs. Alabama’s insurance laws require all drivers to carry liability insurance. Nevertheless, thousands of uninsured drivers take to the streets every day. If you sustain injuries in a collision you didn’t cause, an Alabama car accident lawyer can help you get the compensation you need. The Fob James Law Firm provides aggressive legal representation to injury accident victims. We deal with the insurance companies and handle the complex negotiations to get the maximum possible compensation for your medical bills, lost income, pain and suffering, and more. What Is Uninsured Motorist Insurance? The uninsured motorist insurance definition comes as no surprise. Uninsured motorist (UM) coverage is an add-on component to a standard auto insurance policy. UM provides coverage when the policyholder has an accident with a motorist who does not have insurance. Similar to UM coverage, you can also purchase underinsured motorist (UIM) coverage. This coverage helps you if the at-fault driver did not carry sufficient insurance to pay for your damages. Insurance companies often offer these two coverages together. What Does Uninsured Motorist Insurance Cover? Typically, UM pays for your injury treatment and that of your passengers, if applicable. Depending on your policy, UM may also pay for property damage if the other driver was at fault. When purchasing car insurance, make sure to ask the agent or carrier specifically what your policy covers. If your car is badly damaged or totaled in an accident with an uninsured driver, you want to make sure you have the necessary coverage. Otherwise, you won’t have any financial assistance to repair or replace the vehicle. Do the Alabama Insurance Laws Require Uninsured Motorist Insurance? Alabama’s Mandatory Liability Insurance Law requires motorists to carry liability insurance. Minimum coverage limits are $25,000 bodily injury (per person), $50,000 bodily injury (aggregate), and $25,000 in personal property coverage. Alabama law also requires UM and UIM coverage to be offered by the insurance company in all auto policies written in the state, with coverage limits to match the liability minimum requirements. However, the law goes on to allow motorists to decline UM/UIM coverage without penalty. So, while Alabama law requires uninsured and underinsured motorist coverage to be offered, it also does not require you to carry this type of insurance. In order for the insurance carrier to not include UM/UIM coverage as part of its insured’s policy, the insurance carrier must get a signed rejection from its insured. Is Uninsured Motorist Coverage Worth It? According to the Insurance Research Council, as many as one in eight U.S. drivers are uninsured.  Although Alabama requires motorists to carry liability insurance, your chances of getting into an accident with an uninsured motorist are significant. If you don’t carry UM coverage, you may not have any way to pay for your medical treatment. If your injuries prevent you from working, you won’t have the ability to pay your bills and living expenses. Underinsured motorist insurance is also important. Even if the other driver has insurance, it might not be enough to cover your damages. At $25,000, Alabama’s minimum liability requirements are very low. Should you require extensive medical treatment, your bills will quickly exceed that sum. Fortunately, UM/UIM coverage is affordable. According to a review of some insurance websites, the average cost of uninsured motorist insurance is much lower than the cost of liability insurance. For $100,000 of coverage, the average cost ranges from $86 to $134 per year. Even better, the average cost of car insurance in Alabama is almost 5% lower than the national average. Your rates will vary depending on your age, driving record, and other factors. However, the affordability of UM coverage makes it worthwhile for everyone to carry. What If the Insurance Company Denies Your Uninsured Motorist Claim? Sometimes, even your own insurance company could deny your claim. In other cases, the insurer might agree to pay only a fraction of your claim’s actual value. If that happens, an experienced personal injury lawyer can help. In most car accident injury claims, you pursue compensation through the at-fault party’s insurance company. Insurance companies regularly try to minimize their financial liability. They attempt to deny valid claims or reduce their value in any way possible. For this reason, car accident attorneys discourage speaking to the insurance company or providing any statement. If you must submit a claim through your own uninsured motorist or underinsured motorist coverage, you could encounter some of the same challenges. Even though you are the insured, insurance companies still look for ways to deny or minimize claims. After any type of motor vehicle collision, consider consulting an attorney as soon as possible. In a situation where the at-fault party might be uninsured, talking to a lawyer can be even more important. Your attorney can investigate the accident and explore the details of the at-fault party to determine what your options might be for recovering compensation. If you do have to file a claim with your insurance company, your attorney can help make certain that the insurer upholds its obligations to you under your policy.  Schedule a Free Consultation with an Alabama Car Accident Lawyer After an accident, you need someone on your side. The experienced attorneys of the Fob James Law Firm will fight tirelessly to get you the justice and fair financial compensation you deserve. Our attentive and highly personalized level of service gets results, as you can see from our past settlements and awards. Although our past case results might not reflect the outcome of your case, you can rest assured that we will do what it takes to get the best possible results for you. We assist clients in Birmingham and throughout Alabama. Call...

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Aug 16, 2021 | By Fob James, IV | Read Time: 4 minutes
Attorney Portrait Articles

How Often Do Auto Accident Settlements Exceed the Policy Limits?

The law mandates that drivers carry a certain amount of automobile liability coverage. Unfortunately, these limits aren’t always enough to cover your damages, especially in cases involving severe to catastrophic injuries. Based on that, you might assume that many auto accident claims settle for more than the policy limits, but that’s rarely the case. If you have concerns about policy limits and car accident settlement payouts, speak with one of our experienced Birmingham auto accident lawyers at Fob James Law Firm. How Often Do Auto Accident Settlements Exceed the Policy Limits? Alabama requires drivers to carry the minimum liability insurance amounts, which are: $25,000 per person bodily injury or death in a single accident; $50,000 for bodily injury or death for all people in any one accident; and $25,000 in property damage in a single accident. The first amount is what the insurance company will pay for one person in any single accident. If there are multiple injured parties in the same accident, the second amount will apply. The third amount is limited to property damage. In a 25/50/25 policy where you are the only injured party, the maximum you might receive is $25,000. If you and two passengers are injured, the available limits would be $50,000 apportioned between the three of you. Bodily injury and property damage limits are not interchangeable. An insurance company will not use a portion of the $25,000 property damage coverage to make up the difference on your bodily injury claim. These are the minimum amounts required in Alabama, and drivers can opt to purchase higher limits and other related coverage, such as uninsured motorists (UM) and underinsured motorists (UIM). With a serious injury collision, it’s easy to max out the minimum liability limits very quickly. However, most cases will resolve for the insured’s policy limits unless there are exceptional circumstances. For example, maybe the defendant has enough personal assets to cover the accident . Another example can be if multiple parties can contribute to the settlement, or there is a bad faith allegation against your insurance company. Types of Injuries That Often Exceed Insurance Policy Limits Some types of injuries are prone to exceeding the available policy limits—even in higher liability coverage situations. Common examples include: Traumatic brain injuries; Spinal cord injuries, including paralysis; Other spinal injuries such as herniated discs requiring surgery; Accidents involving motorcycles or large trucks; and Other catastrophic injuries. With the cost of medical treatments and insurance policies rising, the value of car accident claims can easily exceed policy limits. Catastrophic injuries aren’t the only claims that typically exceed policy limits.  How to Collect the Full Value of Your Car Accident Claim Depending on the circumstances, you may have the ability to pursue compensation beyond the at-fault driver’s liability coverage. Possible options include the following. Multiple At-Fault Parties If multiple parties are at fault for your accident, you may be able to recover from more than one insurance policy. For example, if the defendant was working for a delivery company, it may be possible to collect from the driver’s insurance and the delivery company’s policy. Umbrella Policy Some people carry a general umbrella liability policy to protect themselves in situations such as this. Coverage under an umbrella policy won’t be triggered until all other available policies have paid out their limits. You’re more likely to find an umbrella policy with corporate defendants, but some individuals also have them. Suing Beyond Policy Limits   There is no legal obligation for you to settle your case. You can try to sue the defendant personally for the amount above their insurance limits. However, you are on your own to collect the judgment. The court will not assist you directly with this. Often, a defendant can fall in a category known as “judgment proof.” This term means they don’t have any personal assets to satisfy the remaining amount owed. Suing the defendant for the remaining amount only makes sense if they are very wealthy or have additional insurance policies that might apply to the accident. To satisfy any personal judgment beyond the policy limits, you need to try to get a judgment lien to seize assets or property to satisfy the award. Even if you get a lien, it doesn’t mean the defendant will automatically pay. Underinsured Motorist (UIM) Coverage If you carry underinsured motorist coverage (UIM) on your insurance policy, you have an option to file a claim if the at-fault driver’s policy limits aren’t enough to cover your damages. Your insurance company will treat your case as a third-party liability matter, investigating your injuries and damages. They will not automatically pay out your limits just because the other driver’s insurance company did. In cases where your damages are significantly greater than the third-party liability limits, the other driver’s insurance company may choose to tender limits early on. For example, consider a situation where you are presenting a demand for $75,000. If the at-fault driver only has $25,000 bodily injury limits, then the insurance company may offer $25,000 early on in the claims process. The reason for that is because their investigation reveals your claim is worth over their insured’s limits, so it doesn’t make sense to keep the claim open longer. Allegations of Bad Faith If there’s a chance that the insurance company engaged in any deceptive behavior or acted in bad faith, you might have a chance to get additional compensation above policy limits. However, this will only apply in first-party cases such as UM or UIM. Alabama doesn’t recognize third-party bad faith claims.  Insurance companies sometimes commit bad faith, but many accident victims do not realize they have an additional claim. Bad faith in this situation means your insurance company is not reasonably settling your claim within the available policy limits. Examples of bad faith include: Not issuing payment in a timely manner; Failing or refusing to investigate a claim in a proper and timely manner; and Not providing a reasonable and timely explanation for the denial of your claim. If...

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Aug 8, 2021 | By Fob James, IV | Read Time: 2 minutes
Attorney Portrait Accident Reports

How To Get a Copy of Your Montgomery Accident Report

After a car crash, police will likely arrive soon. They will proceed to write an accident report, adding as much detail as possible. Your Montgomery, Alabama car accident report can play a significant role in your claim. Fortunately, there are multiple ways to acquire one. Our experienced Alabama auto accident attorneys will review your options. Where to Find Your Car Accident Report in Montgomery, AL You may obtain a Montgomery, Alabama accident report in two ways: through the Alabama Law Enforcement Agency or directly through the police department. Alabama Law Enforcement Agency If going through the Alabama Law Enforcement Agency, there are three ways to get a copy of your car accident report: By mail, filling out a Crash Report Request Form; By phone, calling (334) 242-4241; In-person, at a Driver License Reinstatement Office. Copies of crash reports cost $15 each. If you pay by credit card you will also be charged a credit card processing fee. Montgomery, Alabama Police Department If going through the Montgomery Police Department, there are two ways to get a copy of your crash report: In-person: Request your Montgomery, AL accident report at the police department; or By mail: Mail in a money order, certified check, or company check and include a self-addressed, stamped envelope or email address to receive the Montgomery accident report. Accident reports obtained through the police department are $5. What Information Is Included In the Alabama Accident Report? Police officers will do their best to get as much information into the crash report as possible. Standard information you can find in your accident report includes: Date; Time; Location; Driver information; Description of the accident and injuries; Weather conditions at the time of the accident; Photos of the scene and vehicles; and Information regarding any tickets issued at the scene. Car accident reports can be very beneficial to your claim, as they provide an abundance of information about the crash. How an Attorney Can Help A car accident attorney will work hard to get you the compensation you deserve after a car accident, and a crash report can be extremely helpful. Your attorney will likely request a copy of the accident report as part of their thorough investigation. They will also use this information when negotiating with the insurance company. Insurance companies are synonymous with doing everything possible to limit liability, but an accident report is a neutral and unbiased document your attorney will use to prove the other driver’s liability.  The team at Fob James Law Firm has over 40 years of experience helping car accident victims fight for their rights and just compensation. We understand the stresses and frustrations that come after a car accident, so we strive to provide kindness and compassion when you need it most. Our team takes on fewer cases to provide our clients with the highest quality legal representation. We offer free case reviews. Contact us today or call our firm at (334) 739-9000, and let’s discuss your claim. 

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Jul 20, 2021 | By Fob James, IV | Read Time: 3 minutes
Attorney Portrait Accident Reports

How to Get a Copy of Your Eufaula, AL Accident Report

After a car crash, you should call 911 to report the crash to the local police department. The investigating officer will likely arrive to the scene of the crash soon. They will proceed to investigate the crash and write an accident report, adding as much detail as possible. Your Eufaula, Alabama car accident report can play a significant role in your claim. Fortunately, there are multiple ways to acquire one. Our experienced Alabama auto accident attorneys can help you obtain an accident report and will review your options. Where to Find Your Car Accident Report in Eufaula, AL You may obtain an accident report in Eufaula, Alabama report directly through the police department. Eufaula, Alabama Police Department There are two ways to get a copy of your crash report from the City of Eufaula Police Department: In-person: Incident and accident reports are available Monday through Friday, 8 am until 5 pm from the records division at the Eufaula Police Department, which is located at 545 East Barbour Street Eufaula, Alabama 36027. There is a $5 charge per report.  Online: You can request a copy of an incident or accident report online at the Government Portal for a credit or debit card payment of $8. You will need to provide the name of the driver, the date of the crash, and your phone number. Where to Find Your Car Accident Report in Barbour County, AL If you were in a car accident that occurred outside the city limits of Eufaula in Barbour County, Alabama, you can likely download your accident report online depending on which law enforcement agency investigated the crash. If the Alabama State Troopers investigated the crash, you can download your Alabama accident report online through the Alabama Law Enforcement Agency’s website: Crash Report Request Page To download your car crash report, you will need to provide your ALEA case number or the last name of a driver in the crash and their driver’s license number. Copies of crash reports cost $15 each. If you pay by credit card you will also be charged a credit card processing fee. If the Barbour County Sheriff’s Office investigated the crash, you can download the car accident report online: Crash Report Request Page To download your Barbour County car accident report, you will need to provide the crash report number, last name of a party involved, and the date of the crash. If you do not know the crash report number you can obtain that information by calling the Barbour County Sheriff’s office at 334-775-3434. What Information Is Included In the Alabama Accident Report? Police officers will do their best to get as much information into the crash report as possible. Standard information you can find in your accident report includes: Date; Time; Location; Driver information; Description of the accident and injuries; Weather conditions at the time of the accident; Photos of the scene and vehicles; and Information regarding any tickets issued at the scene. Car accident reports can be very beneficial to your claim, as they provide an abundance of information about the crash. How an Attorney Can Help A car accident attorney will work hard to get you the compensation you deserve after a car accident, and a crash report can be extremely helpful. Your attorney will likely request a copy of the accident report as part of their thorough investigation. They will also use this information when negotiating with the insurance company. Insurance companies are synonymous with doing everything possible to limit liability, but an accident report is a neutral and unbiased document your attorney will use to prove the other driver’s liability.  The team at Fob James Law Firm has over 40 years of experience helping car accident victims fight for their rights and just compensation. We understand the stresses and frustrations that come after a car accident, so we strive to provide kindness and compassion when you need it most. Our team takes on fewer cases to provide our clients with the highest quality legal representation. We offer free case reviews. Contact us today or call our firm at (334) 739-9000, and let’s discuss your claim. 

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