Code of Alabama - Title 16: Education - Section 16-27A-12 - Cause of action by owner against actual operator

Section 16-27A-12 - Cause of action by owner against actual operator.

(a) Any person who is held responsible for payment of a civil fine as provided herein, but who was not actually operating the involved vehicle, who timely and properly followed the procedure to transfer responsibility but is ultimately held responsible because of the person's ownership of the vehicle, and who actually pays the civil fine, shall have a cause of action against the person who was operating the vehicle for the amount of the civil fine actually paid plus a reasonable attorney fee, without regard to the rules regarding joint and several liability, contribution, or indemnity.

(b) As a condition precedent to the bringing of a civil action under subsection (a), the person held responsible for payment of the civil fine shall first make written demand on the other person for reimbursement of the civil fine, giving a minimum of 60 days to remit payment, and if reimbursement is fully made within the 60 day period then the cause of action shall be extinguished and no attorney fees or other damages shall attach to the reimbursement.

(Act 2016-166, §12.)

Last modified: May 3, 2021