Visitor Question

Can I get more than insurance limits for my injuries?

Submitted By: Anonymous (Harrison, AR)

The accident happened in Arkansas. The vehicle was totaled. I was driving North in my truck and a car was driving south (on a little side-street in a 25mph zone). He was traveling around 65 – 70 mph, swerving all over the place, was in my lane, got back in his lane, hit the curb on his side and turned sideways and hit my truck just in front of the driver door. The impact pushed my truck over the curb and turned it sideways.

So far, I have received x-rays, physical therapy, an MRI, and now I am going for pain management.

My question is, if his auto insurance policy has $25,000 per person, is that the most I can get? Thanks for any information you can provide.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Arkansas’s is a “third-party” fault insurance state.  Third party fault means the driver responsible for causing the accident will bear the financial responsibility for all injuries caused to innocent third parties. Third parties can include the driver, passengers, pedestrians, and others who may have been injured by the at-fault driver.

A third party injured by an at-fault driver has three primary options. They can:

  1. File a personal injury and/or property damage claim with the at-fault party (through the driver’s insurance company)
  2. File a claim with their own insurance company
  3. Pursue a claim or lawsuit directly against the at-fault driver

Arkansas’ statutory minimum car insurance requirements are:

  • $25,000 for injuries to one (1) person in one (1) accident
  • $50,000 for injuries  to two (2) or more persons injured in one (1)  accident
  • $25,000 for damage to property in one (1) accident

You may pursue the at-fault driver personally for your medical bills, property damage, or other costs you incurred or will incur above the limits carried by the driver.

For more information about Arkansas car insurance requirements you can contact the Arkansas Insurance Department.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 7, 2017

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