Categories: Court Info

Alabama Hit and Run: Deadlines for Filing Charges & Claims

Meta Summary: Understanding the strict deadlines for both criminal prosecution and civil lawsuits after an Alabama hit-and-run is critical. Generally, criminal misdemeanor charges must be filed within one year, while personal injury lawsuits have a two-year deadline. Learn how the statute of limitations applies to your specific case, including exceptions for felonies and uninsured motorist claims.

A hit-and-run accident in Alabama is a profoundly stressful event, leaving victims to deal with injury, property damage, and the frustration of an unidentified at-fault driver. While the immediate focus is on safety and recovery, understanding the time limits—known as the statute of limitations—is crucial for pursuing both the driver’s criminal accountability and your right to civil compensation. These deadlines are strictly enforced and vary significantly depending on whether you are dealing with a criminal charge or a civil claim for damages.

This post clarifies the two distinct timelines that apply to a hit-and-run incident in Alabama, ensuring you have the necessary information to act promptly and protect your legal rights.

The Criminal Statute of Limitations: Filing Charges

When a driver flees the scene of an accident (a “hit-and-run”), they commit a crime under Alabama law, which can be classified as either a misdemeanor or a felony depending on the severity of the incident. The State of Alabama, through its prosecutors, has a set amount of time to file criminal charges, which is governed by the state’s criminal statute of limitations (Title 15, Chapter 3 of the Alabama Code).

Tip: Understanding Criminal Classifications

The classification of the hit-and-run offense directly determines the criminal filing deadline:

A hit-and-run resulting only in property damage or minor injury may be a misdemeanor.
A hit-and-run resulting in serious physical injury or death is likely a felony.

1. Misdemeanor Hit-and-Run Offenses

For most criminal offenses classified as misdemeanors in Alabama, the prosecution must be commenced within 12 months (one year) after the commission of the offense. This is codified in the Alabama Code § 15-3-2. Therefore, if a hit-and-run is charged as a misdemeanor, the State has only one year to file the information or indictment against the driver.

2. Felony Hit-and-Run Offenses

When a hit-and-run is elevated to a felony due to the seriousness of the resulting injury or death, the deadline is typically longer or may not exist at all:

General Felonies: Most Alabama felony offenses are subject to a statute of limitations of five years.
Felonies Involving Serious Injury or Death: Alabama Code § 15-3-5 specifies that felonies involving serious physical injury or death have no statute of limitations. In these grave cases, the prosecution can be commenced at any time.

The Civil Statute of Limitations: Filing a Lawsuit for Damages

Separate from the criminal timeline, the victim of a hit-and-run has a legal right to file a civil lawsuit against the at-fault driver to recover compensation (damages) for medical bills, lost wages, and property damage. These civil deadlines are governed by a different set of laws.

1. Personal Injury and Wrongful Death Claims

Under Alabama law (Alabama Code § 6-2-38), the deadline for filing a civil lawsuit for most personal injury claims, including those arising from a car accident, is two years.

Key Civil Deadlines:

Type of Claim	Deadline	Start Date
Personal Injury	Two Years	Date of the accident/injury
Wrongful Death	Two Years	Date of the death (not the accident)

Note: Missing this two-year deadline for a personal injury claim will almost certainly result in the court dismissing the case, forfeiting your right to compensation.

2. Uninsured Motorist (UM/UIM) and Property Damage Claims

In a hit-and-run, the at-fault driver is, by definition, an “uninsured motorist.” If you carry UM/UIM coverage on your own auto policy, you can file a claim with your own insurance company for your damages. This claim against your insurance policy is often treated as a breach of contract claim, which, in Alabama, typically has a longer deadline.

The statute of limitations for a lawsuit against your own insurer for a UM/UIM claim is generally six years. The six-year period usually begins on the date of the accident.

Furthermore, if your claim involves only damage to your vehicle and no personal injury, the time limit may be six years under Alabama Code § 6-2-34. However, because most car accidents involve some potential for injury, the safer deadline to follow is always the two-year limit for personal injury.

Potential Exceptions to the Deadline Clock

While the deadlines are strict, Alabama law recognizes limited circumstances where the statute of limitations may be “tolled” (paused) or extended:

Case Study: Tolling the Statute

A hit-and-run driver is identified months after the accident, but before a lawsuit can be filed, they leave the State of Alabama. In this situation, the two-year clock for filing a civil lawsuit is typically paused for the entire duration the driver is absent from the state, starting up again only upon their return (Alabama Code § 6-2-10).

Minority: If the injured party was under the age of 19 at the time of the accident, the statute of limitations for negligence claims may not begin to run until they turn 19, effectively giving them until their 21st birthday to file suit (Alabama Code § 6-2-8).
Defendant Leaves the State: If the at-fault driver leaves Alabama after the accident, the time they are absent does not count toward the statute of limitations period.
Fraudulent Concealment: If the defendant actively commits fraud or conceals information to prevent the injured party from discovering a claim, the deadline may be extended.

Summary: Protect Your Filing Deadlines

Navigating the legal aftermath of an Alabama hit-and-run requires immediate and decisive action. The core takeaway is that two different legal processes—criminal and civil—are running on their own clocks.

The State has one year to file misdemeanor hit-and-run charges, but potentially five years or no limit for felony charges, depending on the injury severity.
The victim has two years from the date of the accident to file a civil personal injury lawsuit against the at-fault driver.
If the at-fault driver remains unidentified, a claim against the victim’s own Uninsured Motorist (UM) policy may offer a longer six-year deadline, as it is often treated as a contract claim.
Contacting a Legal Expert immediately is the only way to ensure all deadlines, evidence, and potential exceptions are correctly managed.

Crucial Takeaway for Victims

Due to the strict two-year civil deadline and the complexity of identifying the hit-and-run driver, prompt action is non-negotiable. Even while police search for the driver, your civil clock is ticking. Consult with a Legal Expert to secure evidence, initiate the necessary legal processes, and determine if an Uninsured Motorist claim is necessary before any deadline expires.

Frequently Asked Questions (FAQ)

Q: Does filing a police report stop the statute of limitations from running?

A: No. The criminal statute of limitations is the time limit for the *State* to file charges, and the civil statute of limitations is the time limit for the *victim* to file a lawsuit. Filing a police report does not pause or “toll” either of these deadlines. A civil lawsuit must still be filed within two years.

Q: If the hit-and-run driver is never found, can I still file a claim?

A: Yes. In this scenario, your primary recourse is typically filing a claim under your own Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. Because the at-fault driver is unidentified, they are treated as an “uninsured” driver. The deadline to file a lawsuit related to this contract-based claim may be six years.

Q: What happens if I file my lawsuit one day after the two-year deadline?

A: If you file a personal injury lawsuit even one day after the two-year statute of limitations has expired, the court will almost certainly dismiss your case, and you will lose your right to seek compensation for your injuries and damages. Alabama courts strictly enforce these deadlines.

Q: Is there a different deadline if the crash involved a government vehicle?

A: Yes. If a government entity (city, county, or state) is involved, you must file a formal notice of claim with the appropriate agency, often within a much shorter period, such as six months of the accident, before you can file a lawsuit.

Disclaimer and Important Notice

Notice: AI-Generated Content & Legal Guidance. This blog post was generated by an AI assistant and is for informational and educational purposes only. It is not a substitute for professional legal advice, nor does it create a client-legal expert relationship. Legal statutes, including the Statute of Limitations (Ala. Code § 6-2-38 and § 15-3-2), change regularly, and how they apply depends entirely on the specific facts of a case. Always consult directly with a qualified Legal Expert licensed in Alabama for advice regarding your individual legal situation.

Thank you for reading.

Alabama hit and run statute of limitations, hit and run filing deadline Alabama, Alabama criminal traffic statute of limitations, leaving the scene of an accident criminal charges Alabama, Alabama personal injury statute of limitations car accident, civil claim deadline hit and run Alabama, misdemeanor statute of limitations Alabama, felony statute of limitations Alabama, Alabama Code § 15-3-2, Alabama Code § 15-3-1, hit and run information filing, how long to file a lawsuit after a hit and run in Alabama, uninsured motorist claim Alabama deadline

geunim