State of Emergency: Roads Closed – Will Insurance Pay for Accident?

January 10, 2025
Joel Hamner
Florence, Insights
Serving North Alabama

Driving During an Alabama Winter Storm: What Happens if You Crash in a State of Emergency?

When Governor Kay Ivey declared a State of Emergency on January 9th, 2025, due to Alabama’s winter storm, she warned drivers to stay off the roads. But what if you drive anyway and end up in a wreck? Many Alabama drivers wonder whether auto insurance still applies during severe weather or road closures. Here’s what you need to know about insurance coverage, exclusions, and your rights after a winter weather crash.

State of Emergency: Winter Weather

On January 9th, 2025, Kay Ivey, the Governor of Alabama, issued a State of Emergency for more than half of Alabama’s 67 counties in preparation for the most recent winter storm. Before the storm, Governor Ivey stated, “Cold temperatures have persisted in Alabama this week, and we are anticipating the potential for winter weather to impact our state, particularly our driving conditions.” She further warned, “…if you are in an impacted area and do not have to be on the road, try to avoid it.” This warning seems sound, but what happens if you decide to go out anyway and are accidentally involved in a car wreck?

As predicted, the storm brought heavy snowfall and created dangerous driving conditions. Although the declaration didn’t necessarily restrict driving, the Governor did suggest avoiding it. Many questioned: Would your car insurance cover you if the roads were “officially” closed and you got into an accident?

That all depends on your policy’s exclusions or restrictions. Usually, it shouldn’t impact your auto insurance. Some people may have a family member who requires dire medical attention and must get them to a hospital quickly, such as life-threatening conditions or severe injuries. Others may need essential goods, such as food, heating supplies, or medications because preparations were not possible. Whatever your reasons, if you have liability/collision auto insurance coverage, it should cover you in case of an accident. That’s one of the benefits of having auto coverage. It’s supposed to cover accidents due to driver’s negligence or mistakes, including crashing during a snowstorm or other severe weather.

Consultations Are Always Free!

Don't get pushed around by big insurance companies, let McCutcheon & Hamner fight for what you deserve!

(256) 333-5000

Call Now

Due to the ambiguous nature of what each person considers vital, it’s difficult to rule out whether or not something is essential. So, in most cases, your automobile insurance should cover a wreck even if you are driving during a state of emergency.

Remember that most policies will not cover intentional damage or if you drive against the exclusions or restrictions of your auto policy. For example, your policy could have limitations on off-roading. If you drive off-road in the snow and accidentally hit a tree stump concealed under the snow, or worse, you flip your car; your collision coverage may deny your claim.

Another murky area is if roads are considered “closed” and you defy state or county orders, the Alabama Law Enforcement Agency (including state troopers, highway patrol, etc.) can write you a formal citation and require you to pay a corresponding fine. Some auto insurance policies may have an intentional acts exclusion, meaning they will exclude coverage for losses occurring during unlawful acts. Insurance companies may also raise your auto insurance rates if you are at-fault or doing something illegal while driving. Hence (wink, wink), where the ambiguity of essential travel comes into play.

Let’s face it— auto insurance companies are a for-profit business, and it’s a forced requirement if we plan to operate a motorized vehicle (not bringing up bonds, cash, and securities alternatives). And it’s a very, very BIG business. Every business is looking for ways to save money. So, it’s important to read your policy carefully (even if it’s 500+ pages with 5pt type) to ensure your insurance company won’t find a reason “loophole” to deny or partially deny your claim. If you don’t have time to read your policy in detail or don’t understand certain sections, call your auto insurance company and ask them to explain your policy, specifically if there are any exclusions or restrictions for driving during a state of emergency with road closures. Every policy is different, and it’s okay to seek clarification. Document your phone call, including the representative’s name and the clarification they provided. Then, you can better decide whether going out in a snowstorm is worth the risk. Regardless, if you can stay home— stay home! Your safety is never worth the risk.

If you decide to drive during a snowstorm, on a snow-covered road, or in an impacted area, please drive safely. Remember to slow down, take your time, and leave plenty of room for stopping. If you get hurt or injured in a car crash that you feel wasn’t your fault, give McCutcheon & Hamner a call. We’re here to deal with the insurance adjusters, collect vital evidence needed for your case, account for medical expenses, and get you the compensation you deserve so you can focus on your recovery.