When dealing with a car accident, a victim will turn to their insurance to assist with injuries and other expenses related to the accident. However, an issue may arise if a car accident claim exceeds the limit of a policy insurance. If you need assistance after sustaining a serious injury in a car accident in Arkansas, you should consult with an experienced Fayetteville, AR car accident lawyer as soon as possible. Ken Kieklak, Attorney at Law, can help you pursue a personal injury lawsuit if you were injured in a car crash due to the negligence of another motorist. Our firm is here to explain what happens when a car accident claim exceeds insurance limits in Arkansas.
What to Do if a Car Accident Claim in Arkansas Exceeds Insurance Limits
After being involved in a car accident, a victim will first turn to their personal insurance to resolve the matter. Arkansas follows at-fault insurance laws for auto insurance. This means that a victim is legally permitted to contact the insurance company for the other driver to receive compensation for medical care and other expenses. However, before they can pursue the other driver’s insurance, a victim may have to consult their personal insurance company.
In Arkansas, motorists are only required to obtain at least $5,000 of no-fault auto insurance. This means that after a car crash, a victim with a minimum insurance policy can receive $5,000 for medical bills, vehicle repairs, and other expenses. However, if the victim is involved in a serious accident, the $5,000 minimum will likely not be enough to cover medical expenses or any other costs that may arise.
If a victim’s policy is not enough to compensate them after a severe car crash, Arkansas’ no-fault laws allow them to seek compensation against the negligent driver. When seeking compensation against the negligent driver and their insurance company, you should be aware that the opposing insurance company will not be on your side.
The obligation of the opposing insurance company will be to minimize liability for their driver. As a result, the claim adjuster for the insurance company will try to prove that the victim was partly or fully responsible for the accident. For example, the claim adjuster may insinuate that the victim drove through a stop sign or was traveling above the speed limit, in order to affect their case negatively.
Note, however, that if the auto insurance policy for the other driver is not enough to satisfy the expenses for the victim, the victim may have no other choice than to file a lawsuit to recover sufficient compensation for the accident.
If you are concerned about engaging in an interview with a claim adjuster, you should retain an experienced Arkansas personal injury attorney that can help guide you through the process. We will work to ensure that your interests are kept in mind when handling negotiations with an insurance company. However, if the insurance company insists on diminishing your claim or cannot afford to adequately compensate you due to policy limits, you should consider filing a personal injury lawsuit to litigate for the actual value of your case. To learn more about filing a car accident lawsuit in Arkansas, you should continue reading and speak with an experienced Fayetteville AR personal injury attorney.
Proving Negligence in a Car Accident Claim in Arkansas
If the opposing driver’s insurance coverage was not sufficient to cover your accident expenses, our firm could help you file a personal injury lawsuit to recover damages. Note, however, that a victim of an accident cannot recover compensation from an insurance claim and proceed to file a personal injury lawsuit. The victim must choose between settling with an insurance claim or filing a personal injury lawsuit against the negligent motorist.
If you elect to file a personal injury lawsuit, you should know that you will have to prove how the other driver acted negligently. To help prove your case, you should make sure to gather extensive evidence concerning how the crash occurred. For example, if the other driver were texting while driving, this would be evidence that can be used to prove your case. Additionally, any witnesses that observed the accident would also be helpful in proving your case.
To show negligence in a personal injury lawsuit, the plaintiff must use evidence to prove the following four elements:
- The defendant owed the plaintiff a duty of care
- The defendant breached the duty of care (e.g., failing to stop at a traffic signal)
- The plaintiff was injured or sustained other losses as a result of the defendant’s actions
- The plaintiff’s injuries or losses allow them to pursue compensation in a court of law
Our firm is here to help you if your car accident insurance claim is not enough to manage your expenses.
Work with Our Committed Arkansas Car Accident Attorney If Your Claim Exceeds Insurance Limits
If you or a family member was severely injured in a car crash in Arkansas, you should speak with an experienced Arkansas car accident attorney as quickly as possible. Car accident attorney Ken Kieklak possesses over 20 years of legal experience handling a variety of car accident lawsuits, and he is here to offer you the legal representation you need for your case. To schedule a free legal consultation to discuss the details of your car accident claim, contact Ken Kielak, Attorney at Law, at (479) 316-0438. You can also contact the firm online.