Hydroplaning into a tree with liability-only insurance

Attorney Answer

On the car itself, you have been told correctly, and it is worth understanding exactly why so you are not chasing something that does not exist. But "nothing for the car" is not the same as "nothing at all", and there are two or three places genuinely worth looking.

What liability coverage does. It pays other people for injury and damage that you cause. That is its entire function. It does not repair your car, and it never has — the coverage that would have paid to repair or replace your own vehicle after you hit a tree is collision coverage, which is optional and which you did not have. There is no argument to be made about this and no adjuster decision to appeal. It is what the policy is.

And because no other vehicle was involved, there is no one to claim against. A claim for damage is a claim against whoever caused it. Hydroplaning in heavy rain with no other car involved leaves no at-fault party, so there is nothing for anybody's liability coverage to respond to.

Now the places that are actually worth checking, in order of how often they turn up something.

Were you hurt? People describe these as property matters and then mention a bad back weeks later. If you were injured, medical payments coverage — if it is on your policy — pays a fixed amount toward medical bills regardless of fault. It is a modest limit, but it is real and it is often forgotten.

Look at the actual policy rather than what you have been told. "Liability only" is how people describe a policy, not always what is on it. Ask for the declarations page and read every coverage listed. Medical payments, towing and roadside assistance are commonly present on policies whose owners believe they have nothing but liability.

Was anything wrong with the road? Hydroplaning is usually about water, speed and tires, and most often nobody else is involved. Occasionally standing water is caused by a drainage failure or a road defect that somebody was responsible for. Claims involving a public authority are their own subject with their own requirements and notably short deadlines, so that is a question to put to a lawyer quickly rather than to explore at leisure.

Was anything wrong with the car? A tire failure or a defect that contributed is a different claim against a different party, and it can only be assessed while the vehicle still exists.

If none of those apply, the honest answer is that this is an uninsured loss — and the useful thing then is to make sure it does not become worse than it is. If the tree or anything else belonged to somebody, that is a liability claim against you, which is the one thing your policy does cover. Report it to your insurer even though you are not claiming, because that is what puts them on notice to defend you.

What you can do

1. Ask your insurer for the declarations page of your policy and read every coverage on it, rather than relying on what you have been told you have. 2. Ask specifically whether you have medical payments coverage, and towing or roadside cover. 3. See a doctor if you have any symptoms at all. Injuries from an impact into a fixed object commonly present a day or two later. 4. Report the accident to your insurer even though you are not claiming for your own car. If the tree or any other property belonged to someone, that is a claim against you and your liability coverage is what answers it. 5. Photograph the vehicle, the tires and the location including any standing water, before anything is moved or repaired. 6. Do not dispose of the vehicle yet if a tire or a mechanical failure might have contributed. 7. Speak to an Alabama attorney promptly if there is any question about the road, the drainage or the vehicle. Claims involving a public authority have their own requirements and much shorter deadlines than an ordinary claim.

⏱ Time limits apply. Ala. Code § 6-2-38(l) gives two years: “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.” Evidence goes sooner — footage is overwritten and memories fade — so the practical deadline is usually much earlier than the legal one.

An Alabama attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.