Alabama Uninsured Motorist Complaint
Understanding this form
The Uninsured Motorist Complaint is a legal document used to initiate a lawsuit against an insurance company when an individual has been involved in an accident with an uninsured driver. This form allows the plaintiff to seek compensation for damages, injuries, and suffering that resulted from the accident, leveraging the uninsured motorist coverage included in their insurance policy. It differs from other complaints as it specifically addresses claims against insurance providers related to uninsured motorists, rather than direct claims against the drivers themselves.
Main sections of this form
- Identification of the parties involved, including the plaintiff and defendant.
- Details about the insurance policy, including coverage type.
- Allegations of negligence or wantonness against the uninsured motorist.
- A summary of injuries and damages incurred by the plaintiff.
- Jurisdictional demands for compensatory and, potentially, punitive damages.
- A request for a jury trial regarding all counts.
When this form is needed
This form should be used when you have been involved in a vehicular accident with a driver who does not have insurance. If you have uninsured motorist coverage as part of your automobile insurance policy, this complaint allows you to seek compensation through your insurance provider for any costs related to medical bills, property damage, and other damages incurred as a result of the accident.
Who can use this document
- Individuals who have been injured in an accident with an uninsured motorist.
- Policyholders seeking to utilize their uninsured motorist coverage for compensation.
- Individuals who are considering legal action against their insurance provider for claims involving uninsured motorists.
Completing this form step by step
- Identify the parties by filling in the plaintiff and defendant names and relevant details.
- Enter the civil action number and specify the applicable court.
- Detail the facts of the case, including the date and circumstances of the accident.
- Outline the specific injuries and damages suffered as a result of the accident.
- Clearly request the type of relief sought, including compensatory and punitive damages.
- Sign the form with your attorney's details where indicated.
Is notarization required?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
Avoid these common issues
- Failing to provide complete information about the accident and injuries.
- Not attaching a copy of the insurance policy as required.
- Omitting to sign the form or include attorney details if applicable.
- Using incorrect legal terminology in allegations of negligence or wantonness.
Benefits of using this form online
- Convenient downloading options for easy access and completion.
- Templates are crafted by licensed attorneys, ensuring legal accuracy.
- Editability allows users to tailor the form to their specific situation.
- Fast and secure process, allowing you to expedite your legal actions.
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FAQ
If the at-fault party does not have car insurance, you can file a compensation claim with your insurance company or file a lawsuit against the negligent party. When you are in an accident, you may expect the other driver to have auto insurance, but this is not always the case.
The short answer is no. But even if you're not at fault, you could still be penalized with fines, license suspension or even jail time (depending on your state) if you're caught driving without auto insurance. Plus, without auto insurance, you may have to pay out of pocket for any related car damage or medical costs.
Your uninsured motorist coverage will cover damage to your vehicle as well as compensation for injuries you suffered in an accident. Typically, your insurance company will not allow you to carry more uninsured motorist coverage than you carry liability insurance on your vehicle.
Call the police. If you get into a car accident, regardless if the other person has insurance or not, it's always a good idea to call the police. Don't accept money. Swap information. Gather details. Take pictures.
In the vast majority of states, insurance providers can raise rates after underinsured or uninsured claims are filed.In fact, a nationwide study found that, on average, insurance companies will raise premiums by 9.32% after a no-fault accident resulting in an uninsured motorist claim.
This means that if you make a claim under your policy's uninsured motorist coverage, you cannot be penalized, and the insurance company cannot take any negative actions against you as such.
If you don't have uninsured motorist coverage on your own insurance policy, you cannot make a claim or recover damages against an uninsured driver.Insurance companies work by filing claims against other insurance companies, so if there isn't one, there's literally no way for the insurance company to recover damages.
Why You Shouldn't Sue Uninsured Drivers Most under or uninsured drivers don't carry the insurance they need because they can't afford it. A lawsuit cannot take money a defendant doesn't have. There are instances where suing an uninsured (or underinsured) is worthwhile like when the defendant has suitable assets.
When a person has an accident which is not their fault, and the other motorist does not have enough insurance to cover the damages, underinsured coverage kicks in. Once you file a claim with your provider, it will contact the other driver's insurance for payment.The other driver has insurance to cover only $100,000.
