Uninsured/Underinsured Motorist Complaint - Alabama

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. Count One — Breach of Contract (UM/UIM Benefits)
8. Count Two — Bad Faith Failure to Pay
9. Damages
10. Jury Demand
11. Prayer for Relief

Caption

IN THE CIRCUIT COURT OF [COUNTY NAME] COUNTY, ALABAMA

Parties

1. Plaintiff, [PLAINTIFF FULL NAME] ("Plaintiff"), is an adult resident of [COUNTY] County, Alabama, residing at [PLAINTIFF ADDRESS], [CITY], Alabama [ZIP CODE], and is an insured under the automobile insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME] ("Defendant Insurer"), is an insurance company authorized to conduct business in the State of Alabama, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages]. This fictitious party is named pursuant to Ala. R. Civ. P. 9(h) because Plaintiff does not know the true identity of this individual at the time of filing; Plaintiff will amend this Complaint to substitute the correct name upon discovery thereof.

Jurisdiction and Venue

4. This Court has subject matter jurisdiction over this action pursuant to Ala. Code § 12-11-30.

5. The amount in controversy exceeds $20,000.00, exclusive of interest and costs, placing this action within the circuit court's exclusive original civil jurisdiction under Ala. Code § 12-11-30(1).

6. Venue is proper in [COUNTY] County under the route selected for each Defendant and claim. For an individual defendant in a personal action, Ala. Code § 6-3-2(a)(3) uses the defendant's Alabama permanent residence or the county of the complained-of act or omission. A defendant's business activity or the plaintiff's residence is not a freestanding § 6-3-2 basis; identify the separately applicable corporate, insurance, or other venue provision before pleading either fact.

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY/ROUTE], in or near [CITY], [COUNTY] County, Alabama.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, proximately causing a collision with Plaintiff's vehicle.

9. The Uninsured/Underinsured Motorist was negligent in one or more of the following respects:

☐ Operating a vehicle at an excessive or unreasonable speed
☐ Failure to yield the right of way
☐ Following too closely (Ala. Code § 32-5A-89)
☐ Driving under the influence (Ala. Code § 32-5A-191)
☐ Failure to obey a traffic control device (Ala. Code § 32-5A-31)
☐ Improper lane change (Ala. Code § 32-5A-88)
☐ Distracted driving / use of wireless device
☐ Failure to maintain a proper lookout
☐ Other: [________________________________]

10. As a direct and proximate result of the above-described negligence, Plaintiff sustained serious bodily injuries and damages.

Policy Identification and Coverage

11. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

12. The Policy includes uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. The Policy includes underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent to recovery.

15. The named insured did not reject UM coverage under Ala. Code § 32-7-23(a).

Stacking Provisions

16. Plaintiff is entitled to stack UM coverages as permitted by Ala. Code § 32-7-23(c), which allows recovery under the primary coverage plus up to two additional vehicle coverages within the same policy.

☐ Plaintiff claims stacking of coverages under a single policy (up to 3 coverages)
☐ Plaintiff claims stacking across multiple separate policies
☐ Stacking is not at issue in this claim

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

17. The at-fault motorist was uninsured at the time of the accident in that [☐ no bodily injury liability policy was in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer denied coverage or is insolvent].

☐ Underinsured Motorist (UIM) Claim:

18. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is less than the amount Plaintiff is legally entitled to recover.

19. [If applicable] Plaintiff received $[AMOUNT RECOVERED FROM TORTFEASOR] from the at-fault motorist or liability insurer in [☐ settlement / ☐ judgment] on [DATE].

20. [If Plaintiff proposes to settle with and release the at-fault motorist] Plaintiff notified Defendant Insurer of the proposed settlement and gave it an opportunity to investigate and respond under Lambert v. State Farm Mut. Auto. Ins. Co., 576 So. 2d 160 (Ala. 1991). The insurer [☐ consented / ☐ timely advanced the settlement amount / ☐ did neither].

Count One

Breach of Contract (UM/UIM Benefits)

21. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 20.

22. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

23. Plaintiff has performed all obligations and satisfied all conditions precedent required under the Policy.

24. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff despite proper and timely demand.

25. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial.

Count Two

Bad Faith Failure to Pay

26. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 25.

27. Under Alabama law, an insurer has a duty to act in good faith in the handling and payment of claims. An insurer commits the tort of bad faith when it fails to properly investigate or, without debatable excuse, refuses to pay a valid claim. National Savings Life Ins. Co. v. Dutton, 419 So. 2d 1357 (Ala. 1982).

28. Defendant Insurer acted in bad faith by:

☐ Failing to properly investigate the claim
☐ Denying benefits without a debatable or arguable reason
☐ Unreasonably delaying processing and/or payment
☐ Refusing to pay an amount clearly owed while disputing only the excess
☐ Engaging in deceptive or unfair claims practices
☐ Other: [________________________________]

29. Defendant Insurer's conduct was intentional, willful, and without reasonable basis, entitling Plaintiff to compensatory and punitive damages.

Damages

30. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Mental anguish and emotional distress: $[AMOUNT]
☐ Physical disability and disfigurement: $[AMOUNT]
☐ Loss of enjoyment of life: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Punitive damages (bad faith claim): According to proof
☐ Prejudgment interest
☐ Attorney's fees (if applicable)
☐ Costs of suit

Jury Demand

Plaintiff hereby demands a trial by jury on all issues so triable.

Prayer for Relief

WHEREFORE, Plaintiff demands judgment against Defendant Insurer as follows:

1. Compensatory damages in an amount to be determined at trial;
2. UM/UIM benefits in the full amount owed under the Policy;
3. Punitive damages for Defendant Insurer's bad faith;
4. Prejudgment interest as permitted by Alabama law;
5. Attorney's fees and costs as permitted by law;
6. Costs of this action; and
7. Such other and further relief as this Court deems just and equitable.

Respectfully submitted,

[ATTORNEY NAME], Alabama State Bar No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Alabama [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Alabama

Sources and References

• Ala. Code § 32-7-23 — Alabama Legislature
• Ala. Code § 6-6-1 (court referral of pending disputes) — Alabama Legislature
• Ala. Code § 8-1-41(3) (specific-enforcement limit) — Alabama Legislature
• Ala. Code § 6-2-34 — Alabama Legislature
• Ex parte State Farm Mut. Auto. Ins. Co., No. SC-2023-0528 (Ala. Apr. 5, 2024) — opinion mirror
• Ala. Code § 6-2-38 — Alabama Legislature
• Ala. Code § 32-5A-89 (Following Too Closely) — Alabama Legislature
• Ala. Code § 32-5A-31 (Obedience to Traffic-Control Devices) — Alabama Legislature
• Lambert v. State Farm Mut. Auto. Ins. Co., 576 So. 2d 160 (Ala. 1991) — Justia
• National Sav. Life Ins. Co. v. Dutton, 419 So. 2d 1357 (Ala. 1982) — Justia
• Alabama UM/UIM Litigation Guide — Siniard Law
• Alabama UM/UIM Overview — Cross & Smith
• Alabama SOL for UIM Claims — Christian Small