Alaska Car Accident Laws – How to Report Your Claim

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Laura Schaefer

During and after an Alaska vehicle collision, it’s important to know Alaska car accident laws to legally protect yourself. What should you do at the accident scene? What are your rights when you’re hurt, and how do you report the crash to authorities?

Whether you were hurt in Anchorage, Juneau, or another part of the state, consider contacting an auto accident attorney to represent your case.

This article covers a general overview of Alaska car accident laws and basic rules on how damages (monetary rewards) work in Alaska. For more expert legal advice specific to your case, you may have to talk to an auto accident attorney.

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What to Do After a Car Accident in Alaska

Alaska car accident law urges drivers to stay at the accident scene (Alaska Stat. § 28.35.050) or as close as possible until all parties perform the following:

  1. Following a car accident, check for moving vehicles or a break in traffic before exiting your own vehicle. Then check for injuries among everyone involved and call 911 or emergency services if anyone is hurt.
  2. If there are no serious injuries and the vehicles can be moved, relocate them to a safer spot off the road and turn on your vehicle’s hazard lights.
  3. Call local law enforcement if there is vehicle damage. When a report is made, request a copy for your records.
  4. Inform your insurance company about the accident right away.

Render aid if possible to those hurt in the collision and arrange transportation to a hospital if necessary.

If you hit an unattended vehicle, make a concerted effort to find the owner and stay at the scene. If the driver is unavailable, leave a note somewhere visible on the vehicle with your driver info attached.

After ensuring both parties are in stable condition, exchange driver info to all parties involved. Not only is this mandated by Alaska car accident law, but it will help you and your attorney prove negligence for future accident claims.

What to Record at the Scene of the Crash

For accidents involving property damage, injury, or death, exchange the following info between all involved parties:

  • Name
  • Address
  • Vehicle license plate number

Consider exchanging insurance details as well so your attorney can negotiate with the other party’s insurance company.

Take photos of the accident scene, capturing the damage to all vehicles, the layout of the immediate area, traffic signs, and any road conditions that could have contributed to the accident. If witnesses are present, collect their contact information as well.

Gather evidence not only to help prove negligence, but to defend yourself from false claims made by insurance companies. They may attempt to lowball your settlement amount to minimize their losses, but with evidence and an attorney, you can fight for a greater damages.

How to Report a Car Accident in Alaska

For Alaska car accidents involving bodily injury, death, or $2,000 or more in property damage, report the crash to the police as soon as possible (Alaska Stat. § 28.35.080).

If local police or state troopers investigated the accident, law enforcement must generate a report within 24 hours of the incident.

If you are involved in an Alaska car accident and don’t call the police, you must submit a written report within 10 days to the Alaska Division of Motor Vehicles (DMV) if:

  • The bodily injury or death of any person (including a driver, passenger, or pedestrian/bystander)
  • Total property damage to an apparent extent of $2,000 or more

Failure to do so may result in the state suspending your driving privileges until you file the report. However, a report is not required from someone who is physically incapable of making the report due to incapacity.

Most Common Causes of Car Accidents in Alaska

Keep in mind the following causes for car accidents in Alaska to avoid catching legal repercussions on the road. Stay safe and attentive while driving to avoid as much liability as possible.

  1. Ice on the road during the state’s long winter months. Slick road conditions can lead to drivers losing control of their vehicle, causing accidents. A lack of visibility can also contribute to vehicle collisions.
  2. Wildlife collisions. No other area in the world has more moose-related car accidents than Alaska. Be wary of winter months during the night, and use hazard lights when necessary.
  3. Distracted driving from using phones, eating, or anything that diverts a driver’s attention from the road can cause car accidents. Alaska laws prohibit drivers from texting while driving under Alaska Stat. § 28.35.161.
  4. Impaired driving due to alcohol or drugs is a major contributor for car accidents, especially when paired with long drives across Alaska’s spread out towns.
  5. Exceeding the posted speed limit can cause accidents, particularly on slippery roads.
  6. Poor vehicle maintenance in harsh weather conditions can increase the risk of accidents.
  7. Driver fatigue can be an issue in the state of Alaska thanks to, again, the big distances between towns.

You might get involved in a car accident that wasn’t in your control, and when that happens, you want as little liability as possible to maximize your settlement amount.

Is Alaska a No-Fault State?

No, it is not, as Alaska follows an at-fault insurance system. This means whatever damages a driver causes, they’re responsible for paying back.

Most states, including Alaska, require drivers to show proof of insurance before driving on Alaska roads. Because Alaska follows at-fault insurance laws, most damages are often paid-for by each driver’s insurance companies.

Be careful even while carrying insurance, because your policy may not cover certain damages, meaning you’re responsible for covering these losses. Be especially careful when driving without insurance, because driving uninsured is illegal in Alaska.

Alaska Motor Vehicle Insurance Laws

Because it’s mandatory to carry auto insurance in Alaska, there are minimum requirements protecting drivers in case of a crash.

Keep in mind these minimums only cover losses you cause to other drivers, and not your bills or injuries.

There are multiple ways you can fortify your insurance policy limits, all of which cover your own injuries and bills. Consider additional coverage in order to adequately cover yourself in multiple scenarios that can potentially cause your crash.

Minimum Insurance Requirements

Alaska must have liability insurance to protect others if they cause an accident that hurts another person or damages their property. Cover yourself with the following minimums to legally drive in Alaska roads:

  • $50,000 per person
  • $100,000 per accident for bodily injury or death
  • $25,000 for property damage per accident.

Alaska’s No Pay No Play Law (Alaska Stat. § 09.65.320) is important to be aware of. It holds that if you’re injured in an accident while you’re driving without insurance, you cannot recover non-economic damages from the at-fault driver.

Some rural areas in Alaska are exempt from minimum insurance requirements, however. Insurance is not required in areas where registration is not required.

However, a driver who has received a ticket for a violation of six points or more within the last five years must have liability insurance.

However, as required by Alaska Stat. § 28.22.011 (1)(A)&(B), some remote areas are exempt from registration and the Mandatory Insurance law.

Additional Insurance Coverage

Minimum liability coverage outlined above doesn’t apply to your own losses after a car accident. You will need additional coverage if no one else’s coverage applies and you were at-fault:

  1. Collision coverage pays for repairs or replacement for your own damaged vehicle.
  2. Comprehensive coverage pays for vehicle damages from causes outside of a car accident like theft, vandalism, or storm damage.
  3. Uninsured/underinsured motorist coverage provides additional protection if you’re in an accident with an uninsured driver, or whose coverage cannot pay for your medical bills and other losses.
  4. Personal Injury Protection covers your own medical expenses no matter who is at-fault for your accident.

Negligence in Alaska Car Accidents

Alaska follows the pure comparative negligence rule according to Alaska Stat. § 09.17.060. An accident victim’s compensation is reduced by their percentage of fault in an accident. This allows drivers to earn damages, despite being partially at-fault for the crash.

Unlike most other states, even if a victim of a car accident in Alaska is 99% at-fault, they can still recover 1% of the damages.

According to Alaska Stat. § 09.10.070, the statute of limitations here for both bodily and non-bodily injury claims is two years. Don’t wait to contact an attorney.

Damages Available After a Car Accident in Alaska

Alaska car accident laws cover two types of damages after a car accident: economic damages and non-economic damages.

Economic Damages

These are the measurable losses you sustained after a car accident. Examples of economic damages include:

  • Medical expenses
  • Lost present and future wages
  • Repair bills
  • Lost belongings

If there are monetary bills or amounts associated with your losses, they may be classified as economic damages.

Keep track of bills or receipts that document your economic damages for your attorney to prove your losses. You’ll need as much evidence as possible to prove negligence and maximize your chances for a higher settlement.

Non-Economic Damages

These are the non-measurable losses and hardships resulting from a car accident injury. This includes:

Limits on Damages in Alaska

There are no caps on economic damages in Alaska. However, Alaska law caps non-economic damages at $400,000 or the injured person’s life expectancy in years multiplied by $8,000, whichever is greater.

If there is severe permanent physical impairment or severe disfigurement, the cap increases. The maximum compensation is either $1 million or the victim’s life expectancy in years multiplied by $25,000, whichever is greater.

Punitive damages in Alaska are awarded to punish egregious misconduct. They are capped as either three times the amount of compensatory damages awarded or $500,000, whichever is greater.

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Laura Schaefer

Laura Schaefer is the author ofThe Teashop Girls,The Secret Ingredient, andLittler Women: A Modern Retelling. She is also an active co-author or ghostwriter of several nonfiction books on personal and business development. Laura currently lives in Windermere, Florida with her husband and daughter and works with clients all over the world. Visit her online at lauraschaeferwriter.com and linkedin.com.