Car insurance is only one factor in figuring out how to get compensation for car accident injuries. While car insurance is required for every driver on the road, you may still be able to recover for your car accident injuries even without insurance. Since auto insurance covers your errors, not other drivers’ errors, if you are not at fault for the accident you may not need insurance. You may be able to file a lawsuit to recover for your injuries or collect from the other driver’s insurance even if you do not have insurance yourself.
Talk to an attorney to understand how your car accident injury case works. Fayetteville, Arkansas car accident lawyer Ken Kieklak may be able to file your case and fight for compensation. You could be entitled to compensation for medical expenses, lost wages, and pain and suffering, so talk to a personal injury attorney today.
Filing for Car Accident Injuries Without Insurance
Arkansas is what’s called a “fault-based” state for car accidents. This means that the party who caused the accident – the at-fault party – must pay for damage and injury to the victim and their car. Because the at-fault party pays for damage and injuries, they likely have car insurance that will cover their errors. Car insurance in a fault-based insurance system pays for the injuries the insurance subscriber causes, not for the injuries they suffer. Even if the victim does not have insurance, the at-fault driver and their insurance company could still be made to pay for the victim’s injuries.
However, Arkansas requires every driver to carry car insurance to cover injuries they cause on the road. If you are caught driving without car insurance or you are involved in an accident without insurance, you could face fines and tickets. Arkansas requires that every drive’s insurance will cover the following, at a minimum:
- $25,000 worth of personal injury, per person;
- $50,000 worth of personal injury, per accident (total); and
- $25,000 worth of property damage, per accident.
You can always carry more insurance, which usually carries higher monthly insurance premiums.
Some states have what are called “No Pay, No Play” rules. These rules prevent uninsured drivers from suing for their own injuries. Fortunately for Arkansans, Arkansas does not have this rule. That means that any car accident victim, insured or not, can still sue for their injuries.
You may also be able to file a claim against the at-fault driver’s auto insurance policy. This is called a “third party” claim, and is the typical way that to file for compensation from car insurance. If your injuries are severe, however, you might be entitled to higher damages by filing a lawsuit.
Car Insurance Lawsuits
If you suffered severe injuries from a car accident, whether you were insured or not, you might get better compensation from a lawsuit than through auto insurance. Car insurance companies are usually reluctant to spend money, and they may try to give you low offers. These settlements may not cover everything you would be entitled to in a lawsuit. Always talk to an attorney before accepting money from a car insurance company or the at-fault driver.
Insurance will usually pay for medical expenses and some lost wages, but they often ignore pain and suffering. In most cases, pain and suffering is where cases see the highest compensation. Pain and suffering damages depend heavily on your specific injuries. The more severe an injury is, the higher the damages you are usually entitled to. Arkansas, unlike other states, puts no caps or legal limits on pain and suffering damages, meaning they can be substantial.
You might also be entitled to compensation for your medical expenses and lost wages. If you or a loved one underwent surgeries, X-Rays, MRIs, rehabilitation, or other medical procedures, they could be quite expensive. The at-fault driver who caused the injuries could be made to pay for these medical bills.
If you had to miss work because of your injuries, or if you are no longer able to work, you could be entitled to compensation. You may be able to recover wages for the work you already missed, as well as work you will miss in the future. Financial experts can come to court to testify as to how much income you will lose because of your injuries, even if you can still perform limited tasks.
Fayetteville, Arkansas Car Accident Attorneys
Fayetteville personal injury attorney Ken Kieklak fights for injured car accident victims in Arkansas. If you or a loved one suffered injuries in a car crash, call for a consultation. Ken also represents those who have lost a loved one to a car accident, and fights for their compensation. For a free consultation on your Arkansas car accident cast, call (479) 439-1843 today.