Here’s how to protect your rights and build a strong injury claim after a car accident on Alaska roadways.
The most common factors in serious vehicle accidents in Alaska are speeding and impaired driving.¹
Alaska is a traditional fault or “tort” state, meaning you can seek injury compensation from the at-fault driver after an accident. In most cases, you’ll start by filing a claim with the driver’s insurance company.
What to Do After an Alaska Car Accident
Drivers who violate Alaska car accident laws risk fines, traffic citations, and possible jail time, depending on the violation. Take these five steps after a crash to help protect your interests.
1. Stay At the Scene and Exchange Information
Alaska drivers are required to stop at the scene of an accident involving injury or property damage. The law says you must provide your name, address, and vehicle license number to the other driver.
2. Call 911 and Help the Injured
In Alaska, drivers are required to report any accident to the police that involves an injury, death, or property damage over $2,000. Calling 911 and waiting for police to arrive satisfies your obligation to report the crash.
Alaska requires drivers to render reasonable assistance to anyone injured in the accident, including arranging transportation to a medical facility. When you call 911 to report the accident, tell the dispatcher if anyone appears injured or is asking for medical help.
3. Seek Prompt Medical Treatment
Car accidents are sudden and violent. You may be left stunned, or experience a surge of adrenaline that masks symptoms of a serious injury.
Never refuse or delay medical attention after an accident. Delaying not only risks your physical health, it gives the insurance company an excuse to deny or minimize your claim. The adjuster can say your injuries weren’t caused by the accident, or that it’s your fault for letting your injury get worse before seeking treatment.
Let paramedics look you over at the scene. If they want to transport you to the hospital, go with them. If you aren’t taken to the hospital in an ambulance, seek medical attention on your own, preferably on the same day. Go to the hospital, an urgent care center, or see your own doctor.
Tell the medical provider about every injury and symptom, not just the most obvious ones. You are entitled to compensation for all your injuries, but you need a record linking all your injuries to the accident. Detailed medical records are critical evidence when filing an injury claim or lawsuit.
4. Gather Evidence From the Scene
Alaska is a traditional fault state, so you will seek compensation from the at-fault driver. Most victims start by filing a claim with the at-fault driver’s auto insurance. If settlement negotiations fail or your claim is denied, you can file a lawsuit against the driver.
Whether you file an insurance claim or lawsuit, the burden is on you to prove the other driver caused the accident. You’ll need evidence to show that the driver did something wrong or failed to do what a reasonable person would do to prevent the crash.
The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
If you decide to handle your own injury claim you’ll need to notify both your own insurance company and the at-fault driver’s company as soon as possible after the accident.
You don’t have to wait until you’re fully recovered to notify the at-fault driver’s insurance company of your intent to file a claim. In response, you’ll likely receive a letter with the claim number and your claims adjuster’s contact information.
If you’re not represented by an attorney, the adjuster may contact you with a quick settlement offer. Offering fast cash is an adjuster tactic to see if they can get you to take a little money and go away. It’s usually not in your best interest to settle your claim before you’ve recovered from your injuries. Tell them you don’t want to discuss settlement while still treating your injuries.
Why Notify Your Own Insurance Company?
Auto insurance policies have a notification and cooperation clause. This means you have a contractual obligation to let the company know there was an accident. In return, your insurance has a duty to defend you if you’re sued by anyone involved in the crash.
You risk losing that protection if you fail to notify your insurance company or don’t cooperate with their investigation into the accident.
When you hire an attorney, they will handle all communications with the insurance company, while you focus on healing. The insurance adjusters won’t be allowed to contact you, as all communication must go through your attorney. Severe or complicated cases should always be handled by an experienced personal injury attorney.
Alaska Fault and Liability Rules
Alaska is a traditional fault state. After a car accident, you have the right to file an insurance claim or a lawsuit against the at-fault driver and other liable parties. At-fault parties can include the driver, the vehicle owner, or the driver’s employer if he or she was on the job when the accident happened.
The burden is on you to prove the other driver did something wrong, or failed to do what any prudent driver would do. You must prove the other driver’s fault to the insurance company or a jury.
Alaska Shared Fault Rules
Alaska is a pure comparative fault state, meaning victims can seek compensation from the other party, even when the victim is most to blame for the accident. Your final compensation will be reduced by your percentage of fault.
Example of Pure Comparative Fault in Alaska
Dan was heading down 5th Street in Juneau, driving home from work. He was in a hurry to get home and relax before the football game came on.
Sam was also headed home, coming down Harris Street, nearing the intersection with 5th Street. He stopped at the stop sign, then hung a left onto 5th Street.
Sam had barely made it into the intersection when Dan came flying down the road. He hit the brakes, but was going too fast to stop on the slushy road and crashed into Sam’s vehicle. The collision injured both drivers.
Dan made a $40,000 demand to Sam’s insurance company. The company blamed Dan for speeding and wasn’t willing to pay more than $7,000. Dan filed a lawsuit. At trial, the jury reviewed evidence that Sam made a left turn into traffic, but Dan was speeding on slushy roads.
The jury found the two drivers equally responsible for the crash. Dan was awarded $20,000 in damages, reflecting a 50 percent reduction for his share of fault.
Alaska Car Accident Compensation
The average settlement for a moderate car accident claim in Alaska is $33,767, with average payouts ranging from $5,807 for minor injuries to $299,338 for severe injuries. Million-dollar accident payouts are rare, and not included in our calculations to avoid inflating the average payout for the group.
Use our free Alaska Injury Settlement Calculator to estimate your payout.
Injury settlements in Alaska can vary widely, depending on the circumstances of the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
- In Anchorage County, Marron v. Stromstad, S-108888, the plaintiff was awarded $519 for a soft-tissue neck injury. There was a long gap in treatment.
- Also in Anchorage County, Thompson v. Central Plumbing & Heating, 3AN-09-06600CI, the jury awarded $1.9 million to a victim who was hit by a commercial vehicle. The impact occurred at high speeds, knocking the victim’s vehicle into a tree.
Factors that impact Alaska car accident compensation:
- Injury severity
- Shared fault
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like plumbing trucks and tractor-trailers, carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.
Alaska State Minimum Insurance Requirements
All motor vehicles registered in Alaska must carry auto liability insurance of at least $50,000 per person/$100,000 per accident, and $25,000 for property damage.
Alaska also requires insurance companies to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage in amounts no less than the policy’s liability limits. The policyholder may reject the coverage.
How to Calculate a Minor Injury Settlement
You can estimate the settlement value of a mild to moderate injury claim by totaling your economic damages, such as medical bills, out-of-pocket expenses, and lost wages, then adding one to three times that amount for your non-economic damages, like pain and suffering.
The multiple used for non-economic damages depends on how much your injuries interfered with your life after the crash. A multiple of one is reasonable for a few days of stiff and sore muscles. A multiple of two or three is reasonable for a broken leg that kept you home during hunting season.
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