Car Accident Laws in Alaska: Fault, Insurance & Deadlines

Alaska Is an At-Fault State — and You Have 2 Years to Sue

Alaska is an at-fault (tort) state, not a no-fault state. There is no mandatory personal injury protection (PIP) coverage in Alaska. After a crash, the driver who caused it — and that driver's liability insurer — is responsible for the other person's medical bills, lost wages, and pain and suffering. If you're hurt in an Alaska crash, you generally have two years from the date of the crash to file a personal injury lawsuit, under Alaska Statutes § 09.10.070. The same two-year clock applies to property damage claims (like your vehicle). Miss that window and a court can throw your case out no matter how strong it is — so don't wait to get medical care documented and to talk to the at-fault driver's insurer or an attorney.

1. Fault System: At-Fault, Not No-Fault

Because Alaska is an at-fault state, there's no requirement that you carry your own no-fault PIP coverage, and there's no dollar threshold you must clear before you can sue for pain and suffering (that's a feature of true no-fault states like Michigan or New York). Instead:

• The at-fault driver's bodily injury liability coverage is supposed to pay your medical bills, lost income, and pain and suffering, up to their policy limit.
• The at-fault driver's property damage liability coverage pays to repair or replace your vehicle, up to their policy limit.
• If the at-fault driver has no insurance, or not enough, your own uninsured/underinsured motorist (UM/UIM) coverage — if you bought it — steps in.

Alaska is not an "add-on" or "choice" no-fault state either. It's a straightforward tort/fault state: the person who caused the crash pays.

2. Minimum Auto Insurance Required in Alaska

Under Alaska's mandatory insurance law (AS 28.22.101), every registered vehicle must carry liability insurance of at least:

• $50,000 bodily injury or death, per person
• $100,000 bodily injury or death, per accident (total, all people)
• $25,000 property damage, per accident

This is commonly written as "50/100/25." Liability coverage is the only coverage Alaska requires — the state does not mandate PIP/medical payments coverage, since it isn't a no-fault state.

UM/UIM coverage: Alaska does not force you to buy uninsured/underinsured motorist coverage, but under AS 28.20.440–.445 your insurer must offer it to you when you buy a liability policy, and you can reject it only in writing. Given how many drivers carry only the state minimum (or nothing), buying UM/UIM is one of the most protective things an Alaska driver can do — confirm current pricing and options with the Alaska Division of Insurance.

These figures can change with future legislation, so verify current minimums directly with the Alaska Division of Insurance (Alaska Department of Commerce, Community, and Economic Development) before relying on them for a real transaction.

3. Deadline to Sue: Statute of Limitations

Under AS 09.10.070:

• Personal injury: 2 years from the date of the crash.
• Property damage (vehicle repair costs, etc.): 2 years from the date of the crash.

A few things can adjust this clock: if the injured person was a minor at the time of the crash, the two years generally doesn't start running until they turn 18 (giving them until roughly their 20th birthday); a "discovery rule" can delay the start date if an injury genuinely wasn't discoverable right away; and time the at-fault driver spends absent from or hiding in Alaska may not count against your deadline. None of these exceptions are a substitute for acting promptly — talking to an insurance adjuster does not pause the clock, and evidence, witness memory, and vehicle data all degrade fast. If your crash involved a government-owned vehicle, see the note below — different, often shorter, procedural deadlines can apply.

4. Shared Fault: Alaska Uses Pure Comparative Negligence

Alaska follows a pure comparative negligence rule under AS 09.17.060. That means:

• You can still recover damages even if you were partly — even mostly — at fault for the crash.
• Your compensation is simply reduced by your percentage of fault. If a jury awards $100,000 but finds you 30% at fault, you'd recover $70,000.
• Unlike a handful of states that cut off recovery once you hit 50% or 51% fault, Alaska has no such cutoff — you could be found 90% at fault and still recover the remaining 10%.

This makes it especially important not to accept blame or sign statements at the scene before you understand how fault will actually be apportioned.

5. When You Must Report a Crash in Alaska

Per Alaska's Division of Motor Vehicles crash-reporting rules (AS 28.35.080), you must report a crash if it results in:

• Injury to or death of any person, or
• Total property damage of an apparent extent of $2,000 or more.

Requirements and deadlines:

• Immediately notify local police (if the crash is inside a municipality) or the nearest Department of Public Safety/state trooper post (if it's outside a municipality), by the quickest means available.
• Submit a written or electronic crash report (Form 12-209, or online at reportcrash.alaska.gov) within 10 days of the crash.
• A certificate of insurance is due within 15 days of the crash date.

You generally don't need to file your own report if a peace officer already investigated the crash. If you're unsure whether your crash crosses the reporting threshold, report it anyway — it's a short, low-cost step that protects you later.

6. Damage Caps and Claims Against Government Vehicles

Alaska caps noneconomic damages (pain and suffering, loss of enjoyment of life) in personal injury cases under AS 09.17.010: generally the greater of $400,000 or your life expectancy in years times $8,000, rising to the greater of $1,000,000 or life expectancy times $25,000 for severe permanent physical impairment or severe disfigurement. Economic damages — medical bills, lost wages, future care costs — are not capped. These figures and formulas can be amended by the legislature, so confirm current caps before relying on them.

If your crash involved a vehicle owned by a city, borough, or the state, be extra careful about timing. Claims against the State of Alaska itself follow a separate framework (AS 09.50.250 and related statutes) with its own procedural requirements, and local governments may have their own notice rules. Rules in this area are technical and can differ from a standard two-year deadline. If a government vehicle or government employee was involved, contact an attorney or the Alaska Department of Law promptly rather than assuming you have the full two years — don't guess, confirm.

What to Do After a Crash in Alaska

1. Check for injuries and call 911 if anyone is hurt or if damage looks like it may reach $2,000.
2. Move to safety if the vehicles are drivable and it's safe to do so, especially given Alaska's weather and low-visibility conditions.
3. Exchange information — name, contact info, driver's license number, insurance company and policy number, and license plate — with every other driver involved.
4. Document the scene — photos of vehicle damage, positions, road/weather conditions, and any visible injuries.
5. Get witness contact information if anyone stopped or saw the crash.
6. File the required crash report — immediate notice to police or the Department of Public Safety, plus the written/online report within 10 days if the crash meets the injury or $2,000 damage threshold.
7. Get medical care even if you feel okay — some injuries surface hours or days later, and prompt records matter for both your health and your claim.
8. Notify your own insurer and, if applicable, submit your UM/UIM claim if the at-fault driver is uninsured or underinsured.
9. Keep records of medical visits, missed work, and repair estimates.
10. Talk to an attorney before signing anything from an insurance company, especially if you were partly at fault or a government vehicle was involved — given Alaska's two-year deadline (and potentially shorter rules for state claims), don't let time slip away.

Frequently Asked Questions

Is Alaska a no-fault or at-fault state?

At-fault. Alaska requires liability insurance, not PIP, and the at-fault driver's insurer is responsible for the other party's damages.

How long do I have to file a car accident lawsuit in Alaska?

Generally two years from the date of the crash for both injury and property damage claims, under AS 09.10.070 — with different rules if a government entity is involved or the injured person is a minor.

This article is for general information only and is not legal advice; confirm current Alaska statutes and insurance rules with an official source or a licensed Alaska attorney before acting.