Filed a police report after a crash: is your claim still open in Alabama?

Attorney Answer

A police report is not a claim against anyone. It records the crash; it does not ask anyone to pay you. Your claim is against the other driver, through their insurer or a lawsuit, and in Alabama the deadline for an injury lawsuit is two years. If you are anywhere near two years from the crash, talk to a lawyer now.

The deadline. Ala. Code § 6-2-38(l):

(l) All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.

That section sets the length, two years. It does not itself say when the two years begins, or what, if anything, pauses it, and those turn on the facts. So plan as if the two years began on the day of the crash, and do not count on a police report, an investigation or an open insurance claim to stop it. What protects the claim is a lawsuit filed in time; a settlement you sign ends it.

Finding out where things stand. The police side and your claim are tracked separately. The police department or sheriff's office that took the report can tell you whether it is complete and how to get a copy. If you reported the crash to an insurer, ask the adjuster whether the claim is open, and for the claim number.

If a city or county was involved. A claim against a city must be presented within six months, and against a county within 12 months, far sooner than two years.

What you can do

1. Find the date of the crash, and count two years from it.

2. Request a copy of the police report.

3. Gather your medical records and bills, and any letters from an insurer.

4. If the two years is close or has passed, see a lawyer before doing anything else.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Alabama attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. Two years for an injury claim under Ala. Code § 6-2-38(l). A claim against a city is due within six months under Ala. Code § 11-47-23, and against a county within 12 months under Ala. Code § 11-12-8.