Car Accident Claims in Alaska

A driver in a crash causing bodily injury, death, or apparent total property damage of $2,000 or more must immediately notify police by the quickest means available: the local police department if inside a municipality, otherwise the Alaska Department of Public Safety (State Troopers). If the driver cannot, another capable occupant must give the notice.

For a crash causing bodily injury, death, or apparent total property damage of $2,000 or more, the driver must send a written or electronic report within 10 days to the Department of Administration (which includes the Division of Motor Vehicles), and to the local police if the crash was inside a municipality. No driver report is needed if a peace officer investigated. The form is available on the department's website, from local police, or from the Department of Public Safety. If the driver is incapacitated and is not the owner, the owner must report within 5 days of learning of the crash. Failing to report leads to license suspension until the report is filed and is a misdemeanor (up to $200 fine and/or 90 days).

A driver in a crash causing injury or death, or damage to an attended vehicle, must stop at or return to the scene and stay until giving name, address and vehicle license number, and must give reasonable help to anyone injured, including arranging for a doctor and transport to a hospital when treatment appears desirable. For an unattended vehicle, the driver must try to find the owner or leave a note with names, addresses and a statement of what happened. Failing to meet the information and assistance duties is punishable by up to 1 year and/or $500; failing to help an injured person is punishable by up to 10 years and/or $10,000. These penalties do not apply to someone physically incapable of complying because of the crash.

Auto liability policies must provide at least $50,000 for injury or death of one person, $100,000 for injury or death of two or more people in one accident, and $25,000 for property damage (50/100/25). Policies must also provide uninsured/underinsured motorist coverage in the same amounts, under the rules in AS 28.22.201-28.22.231.

Pure comparative fault. An injured person's own share of fault reduces the damages in proportion but does not bar recovery, no matter how large that share is. Fault is allocated by percentage among all responsible parties, including some non-parties.

A lawsuit for personal injury, or for assault, battery, false imprisonment, libel or slander, must be filed within two years after the claim accrues. Separately, most injury claims cannot be brought more than 10 years after the last act that caused the injury (or substantial completion of construction), with exceptions such as intentional acts, gross negligence, defective products, fraud and concealed facts.

A lawsuit for taking, detaining or injuring personal property (such as a car) must be filed within two years. A lawsuit for waste or trespass on real property has six years.