Practice Areas

Uninsured or Underinsured Motorists

Times are tough and the recession has affected many Arkansans. When people are forced into a corner, many times they will drop their insurance coverage. In the last two years, we have seen more uninsured motorist cases than in the previous eight years combined. Don’t be left holding the bag. Protect yourself.

As everyone knows, you must carry liability insurance to protect others in the event you are negligent. What happens if the person who hits you has no insurance? If you did not purchase the optional uninsured motorist coverage, you are left with few options. You can sue the negligent driver individually and get a judgment, but good luck in trying to collect it. Most of the time, those defendants can file bankruptcy and protect their assets. Uninsured motorist coverage will pay you what the other party would have, had they had insurance. Talk to your insurance agent and add this coverage. Hopefully, you will never need it, but if you do, it will be there to protect you!

In the case of an uninsured motorist, we first verify the adverse in indeed uninsured, get an affidavit of no insurance coverage, and do an asset check on that driver. Our client’s insurance company receives our information advising them we are making an uninsured motorist claim. If the case is litigated and goes to trial, we may be able to recover additional attorney fees and penalty.

What if the motorist is underinsured?

In the case of an underinsured motorist, our first step is an asset check on that driver. Once policy limits are offered from the tortfeasor, there is a procedure all attorneys must follow before accepting any monies. The underinsured has 30 days to investigate the claim and make a determination. They can permit us to accept the money or substitute their own. We send them medical bills, records, any lost wage documentation and authorizations. If the case goes to trial, we may be able to recover attorney fees and penalty.