Alabama Notice of Claim

Introduction

Key Things to Know

1. 1

   The deadlines are short and strict. City and town claims for damages growing out of torts must be presented within 6 months from accrual or they are barred (Ala. Code 11-47-23), and the State Board of Adjustment is prohibited from hearing or considering any claim not filed within the time specified (41-9-65(d)). Reading the statute or contacting the entity's clerk confirms the current rule.

2. 2

   Against a city or town, tort damage claims go to the clerk within 6 months from accrual, and other claims within 2 years (11-47-23). A personal injury claim also needs a sworn statement filed with the clerk giving the manner in which the injury was received, the day, time and place of the accident, and the damages claimed (11-47-192).

3. 3

   Against a county, the claim is presented to the county commission within 12 months after it accrues (11-12-8) and itemized by the claimant or someone with personal knowledge (11-12-5). If the commission fails or refuses to enter the disallowance or reduction on its minutes for 90 days, that is a disallowance (6-5-20(b)).

4. 4

   Claims against the State and its agencies go to the State Board of Adjustment within 1 year after the cause of action accrues, or within 2 years for an injury resulting in death (41-9-65(a)-(b)). Claims against ALDOT not exceeding $5,000 go instead to the ALDOT Deputy Director of Administration under Act 2017-393.

5. 5

   State Board claims are made on the Board's prescribed forms with supporting documentation (41-9-66). The forms include a Personal Injury Claim, a Property Damage Claim and a Death Benefit Claim Form. They can be filled in online but not submitted online; submit them by mail, email or fax.

6. 6

   For a city or county claim, ask the clerk or the county commission office how it accepts claims, and keep proof of the date it received yours.

7. 7

   Recovery against a county, municipality or other local governmental entity is limited to $100,000 for bodily injury or death to one person in a single occurrence, $300,000 in the aggregate per occurrence, and $100,000 for property damage per occurrence (11-93-2).

Alabama Requirements for Notice of Claim

• City Tort Claim Deadline

  Ala. Code 11-47-23: claims against a city or town for damages growing out of torts are presented within 6 months from accrual or barred; other claims within 2 years.

• Sworn Statement for City Injury Claims

  Ala. Code 11-47-192: a personal injury claim against a city or town needs a sworn statement filed with the clerk giving the manner of injury, the day, time and place of the accident, and the damages claimed.

• County Claim Deadline

  Ala. Code 11-12-8: claims against a county are presented to the county commission within 12 months after they accrue, itemized by the claimant or someone with personal knowledge (11-12-5).

• County Deemed Disallowance

  Ala. Code 6-5-20(b): the county commission's failure or refusal to enter a disallowance or reduction on its minutes for 90 days is a disallowance.

• State Board of Adjustment Deadline

  Ala. Code 41-9-65: claims against the State go to the Board of Adjustment within 1 year after accrual, or 2 years for death; the Board is prohibited from hearing a late claim (41-9-65(d)).

• State Board Forms

  Ala. Code 41-9-66: State claims are made on the Board's prescribed forms with supporting documentation. The Board of Adjustment page says to submit them by mail, email or fax. ALDOT claims not exceeding $5,000 go to the ALDOT Deputy Director of Administration.

• Local Damages Limits

  Ala. Code 11-93-2: $100,000 for bodily injury or death to one person, $300,000 aggregate per occurrence, and $100,000 property damage per occurrence against local governmental entities.

• Itemized Damages

  List each item of damages with its amount and the total claimed, and describe how, when and where the injury or damage happened.