Boteler, Finley & Wolfe, Attorneys at Law

Uninsured Driver Leave Your “Worn” Car Damaged?

    As our cars get older, we are left with a decision - do we insure our cars for property damage.  Typically, the decision to remove this coverage gets easier as the car gets older - “the cost of insurance to protect the car outweighs its benefit.”  Inevitably, though, when you make the tough decision to relinquish this coverage, the unexpected happens - a car accident that was not your fault. Even worse, it is discovered the at-fault driver does not have any liability insurance.  Frustrated with this turn of events, you seek out the advice of a lawyer only to be told, it is cost prohibitive to hire a law firm to pursue damages in court for an old clunker.  What do you do?

    For a majority of states where liability insurance is mandatory, there is a little known administrative remedy that can be found through the state’s department issuing drivers licenses.  For example, in Alabama, the Law Enforcement Agency (ALEA) is responsible for administering such a process.  By filing a claim form (ALEA Form SR-31 in Alabama) against the uninsured, at-fault driver with the responsible state agency, you are submitting a claim for damages, without the need for filing a lawsuit.  Upon receipt of the claim, the state agency will administer the claim and notify the uninsured at-fault driver of the claim. If the claim is not contested by the at-fault driver, his/her  license will be suspended until you receive the damages submitted in the claim form.  If the claim is contested by the uninsured driver, a hearing will be conducted wherein you can bring your evidence of damages suffered to the officer charged with making the decision.  Again, if the hearing officer awards you damages, the uninsured driver’s license is suspended until you are compensated.

    This low cost administrative process is very effective for collecting property damage against an uninsured driver.  Of course, this administrative proceeding is not effective against those whose driver’s licenses were suspended before/after your accident.  Again, remember this is an effective remedy for those who carry “liability only” on their vehicles.  Those who carry full automobile insurance coverage need to speak with their insurance carrier and/or a lawyer before pursing a claim against an uninsured driver as it may limit their ability to recover against their own policy.

Boteler Finley & Wolfe
3290 Dauphin Street, Ste. 505
Mobile, AL 36606

251-433-7766
www.bfw-lawyers.com