Most crash claims in Birmingham are against another driver and that driver’s insurance company. A smaller group involves the government. A police cruiser runs a light. A city sanitation truck backs into a parked car on a narrow Southside street. A sinkhole or broken traffic signal causes a wreck. These claims follow a different set of rules, and the first one has a short fuse.
The six-month notice requirement
Alabama law says a tort claim against a city must be presented within six months after it accrues, or the claim is lost. That rule is in Ala. Code § 11-47-23. A companion statute, § 11-47-192, says there’s no recovery against a city or town for personal injury unless a sworn statement is filed with the clerk describing how the injury happened, the day, time and place of the accident, and the damages claimed.
For a car crash, accrual is usually the date of the wreck. So if a city vehicle hits you on May 1, the claim generally has to be presented by early November. Not mailed by then. Received by then. In Perry v. City of Birmingham, decided by the Alabama Supreme Court in 2005, a claim that was mailed but never received by the clerk didn’t satisfy the statute, and the city won.
Where it goes in Birmingham
The statute points to the clerk. For the City of Birmingham, that’s the City Clerk’s Office at City Hall, 710 North 20th Street, Birmingham, AL 35203. The city’s Law Department publishes a claim form. Using it is a sensible way to make sure you include what the statute asks for. Deliver it in a way you can prove, such as hand delivery with a stamped copy, and keep a copy for yourself.
Other cities in the metro area have their own clerks. Hoover, Vestavia Hills, Mountain Brook, Homewood, Bessemer and Trussville each run their own city government and their own police departments, so a claim against one of them goes to that city’s clerk, not Birmingham’s.
What the statement should cover
- Your name and contact details.
- The date and approximate time of the crash.
- The exact location, with cross streets or a block number.
- How it happened, in plain words.
- Your injuries and the damages you’re claiming, including medical bills, lost pay and vehicle damage. If treatment is ongoing, say so.
- Your signature before a notary, since the statute calls for a sworn statement.
Alabama courts no longer demand perfect compliance. In Diemert v. City of Mobile (1985), the court held that a lawsuit filed within six months counts as presenting the claim, and that a small error like a wrong date didn’t sink it. Still, nobody wants to be the test case. Getting it right the first time is far easier.
Counties work differently
If the vehicle or road belongs to Jefferson County rather than a city, the claim goes to the county. Ala. Code § 11-12-8 requires claims against a county to be presented for allowance within 12 months after they accrue. It’s a longer window than the city rule, but it’s still shorter than the two-year lawsuit deadline, and people confuse the two.
Figuring out who owns a road isn’t always obvious. Parts of US-31 and US-280 are state routes even where they run through city neighborhoods, and a county road can run right up to a city line. When the road itself is the problem, that question needs answering early.
The State of Alabama is a separate world
The Alabama Constitution says the State can’t be made a defendant in its own courts. That means a crash with a state-owned vehicle or a claim about a state highway doesn’t follow the city or county path at all. Some claims against the State go to the Alabama Board of Adjustment instead of a court. Individual state employees can sometimes be sued depending on what they were doing. This area is technical, and it’s one where a lawyer’s help is worth a lot.
Damages caps
Even when a claim against a city or county succeeds, the amount is limited. Ala. Code § 11-93-2 caps recovery against a governmental entity at $100,000 for bodily injury or death to one person in a single occurrence, and $300,000 when more than two people suffer injury or death in that one occurrence. Property damage is capped at $100,000 per occurrence. If your losses are bigger than that, your own underinsured motorist coverage may matter.
Immunity can also come into play
Cities in Alabama can be liable for the negligence of their employees acting in the line of duty, but there are immunities, especially for police officers making discretionary decisions. Whether an officer driving to a call is protected is a fact question that turns on things like lights, sirens and the department’s own policies. Don’t assume a claim is dead because it involves the police, and don’t assume it’s straightforward either.
Quick checklist
- Write down the vehicle number, the department and the employee’s name if you can get them.
- Get the crash report. A crash involving a Birmingham officer may still be written up by BPD, so ask for the report number at the scene. See our police report page.
- Count six months from the crash date and set a reminder well before it.
- File a sworn, notarized claim with the right clerk and keep proof it was received.
- Remember the two-year lawsuit deadline still applies alongside the notice.
This is general information and not legal advice. Government claims have extra traps that aren’t covered here. If one might apply to your crash, it’s smart to talk with an injury lawyer in the Birmingham area well before the six-month mark.