Alabama Insurance Fraud and Guest Passenger Code 32-1-2

Most passengers in a car in Alabama don't know the danger they are in when it comes to archaic (1935) laws such as the one known as Alabama Code Section 32-1-2 — Liability for injury or death of guest. As a practicing Chiropractor, I've seen many patients dropped from legal representation from what appears to me, just plain old unfair and exhaustive rhetoric. If you unfortunately are a passenger with a relative or friend and they are simply negligent and cause an accident, then you are seriously out of luck, and by law not held to the driver at fault. Negligence simply is not enough. You must prove the drivers acts to be determined as willful or wanton. Like they were chasing someone after a fight, intoxicated or, just purposefully trying to harm you in an accident. Then you have to prove the other driver was wanton by near impossible means, by using specific references to them pleading they are at fault (do you not think the at-fault drivers insurance company told them not to plead fault?), plus affidavits, a narrative summary of "FACTS" (what is a fact in court anyway) AND, if that's not enough, portions of discovery materials. Basically, prove the near impossible, for what seems, a couple dozen ways. What a sad joke. Sad, because the jokes on us. Thank you again Justice Nabors for playing fair and abiding by the rules. Sure. And, I'm opening next weekend in Vegas.

Are these laws actually there to protect the fine people of Alabama? Absolutely not. In most if not all of these cases, the major automobile insurance carriers, their lobbyists, and defense attorneys, mainly the Republican ones, have used their influence and deep pockets to "stick it to the little guy." Most states again have a rule that allows the drivers Underinsured and Uninsured Motorist coverage to pay for the passenger(s). I would like to know, how many times has someone died because of the calloused laws insurance companies and their legal cronies implemented meerly to save a buck, or millions of bucks, I should say?

Here is the acutal law. It states, "The owner, operator or person responsible for the operation of a motor vehicle shall not be liable for loss or damage arising from injuries to or death of a guest while being transported without payment therefor in or upon said motor vehicle, resulting from the operation thereof, unless such injuries or death are caused by the willful or wanton misconduct of such operator, owner or person responsible for the operation of said motor vehicle."
(Acts 1935, No. 442, p. 918; Code 1940, T. 36, §95.)

This is the part that makes you sick. Look at the judge presiding the SECOND time this case was tried, Drayton Nabors. Look at the insurance carrier involved, Allstate. Here is a perfect example of a case where the good old boys rig but another one. Check it out below.

http://www.bradleyarant.com/publications_opinions.php?ID=4149

Please talk to your congressmen and senators and change Code 31-1-2 to where it applies to anyone injured due to negligence. And, don't vote for Nabors or any bill that will enhance the insurance industries billfolds.