Laws vary from state to state. Alaska has its own laws regarding important issues like time limits for filing a claim, the amount of insurance you must have, the ways insurance companies must respond to claims, wrongful death claims, social and business host liability for serving alcohol, allocation of fault, punitive damages, the admissibility of certain types of evidence, the limits on the amount of non-economic damages that are recoverable under various scenarios – and more.
This makes it critical to get legal advice that is specific to Alaska, from an experienced Alaska attorney who routinely handles the type of case that you may have. If you have a claim concerning bodily injury in Alaska, you can get a free initial legal consultation from an Alaska personal injury lawyer at Banker Law Group, PC.
Knowing and understanding the law has an impact on the amount of compensation you receive. Here are some car accident laws in Alaska that could be a significant issue for anyone who is injured in a car crash here.
Car Accident Statute of Limitations in Alaska
Generally speaking, insurance companies expect a claim to be made within days of the accident. The “statute of limitations” is the law that provides the deadline for filing a lawsuit. If you have not settled your claim before the deadline, you must file a lawsuit before the statute expires, or you will be barred from recovery.
In Alaska, we have a two-year statute that governs tort claims – like injuries from car accidents. This means you must settle your claim, or file a lawsuit before the two-year anniversary of the crash. Some very limited exceptions apply in the case of minors and incompetents.
This statute of limitations is also applicable for wrongful death lawsuits that may be filed in the event the car accident causes someone’s death. In the event of a death resulting from a car accident, family members should consult with an experienced Alaska attorney who routinely handles wrongful death cases.
If you have a claim concerning wrongful death in Alaska, you can get a free initial legal consultation from an Alaska personal injury lawyer at Banker Law Group, PC.
Negligent Driving In Alaska Car Accidents – Allocation of Fault
Negligent driving is the failure to use “reasonable care” to avoid a collision.
If both parties were at fault in a car accident, how does the court determine who to compensate? Alaska is a “comparative fault” state. This means that your damages are subject to reduction for any percentage of fault you may have contributed to the collision.
This same instance can impact the party that is more responsible for the accident as well. If you are the responsible party but are only found to be 60% at fault in the accident, you are entitled to 40% of the total sum awarded for damages.
This rule can dissuade some Alaska residents from pursuing car accident claims. Before deciding how to handle a car accident case, you should speak with an Alaska car accident attorney. They will be able to provide advice and direction based on the specifics of your case.
Car Insurance Laws in Alaska
Alaska law requires all vehicle owners to have certain amounts of liability insurance coverage. The minimum amounts are:
- $50,000 for bodily injury per person,
- $100,000 for total bodily injuries per accident – regardless of the number of injured parties, and
- $25,000 for property damage per accident.
Car insurance is almost always going to play a part in a car accident claim. Understanding the Alaska car insurance laws is an essential step in a car accident lawsuit, making car accident attorneys an essential part of any car accident case.
What To Do If You’ve Been In A Car Accident In Alaska
Remain at the scene of the car accident until the police arrive, and try to remain calm. Take care of your own injuries first and then check on everyone else involved. Once you have assessed the damage to those involved in the accident, you should call the local Police Department or 911 in the case of an emergency.
Regardless of the damage caused by the accident, there are certain things you will always want to do in the event of an accident.
First and foremost is to exchange information with all those involved in the accident. This includes:
- Name, address, contact information
- Driver License Number
- License Plate Number
- Auto Insurance Information
You should also document the accident by taking photos if possible. If there were any witnesses to the accident, you should also get as much information from them as possible – including contact information.