Legal Question in Insurance Law in Arkansas

Uninsured Motorist and Underinsured

I was rear-ended by a girl who was a named excluded driver on her father's plan with Equity insurance. I have uninsured motorist coverage for $30K and underinsured for $150K. I had to have spinal fusion surgery from the wreck and now my insurance company only wants to award me $30K for it. My medical bills were more than that. Can I also use my underinsured coverage if my uninsured wasn't enough? I can't find anything in my policy that states that a person can't be uninsured and underinsured, so it is ambiguous in that regard. ALSO, is there no legal obligation on the girl's parents part for allowing her to drive and carry their insurance card? On the night of the accident she had a valid insurance card with her, so it appeared that she was insured. What is my best course of action? Persue the case with my insurance agency with uninsured and underinsured coverage or persue her parent's or their insurance company on the grounds that they allowed her to drive after signing an affidavit stating they would not?

I really need help here, please help me!


Asked on 8/10/06, 11:33 am

1 Answer from Attorneys
Harvey Harris Harris Law Firm

Re: Uninsured Motorist and Underinsured

Generally, uninsured coverage is exclusive of underinsured coverage. Not always, but usually.

You need to talk to an attorney. From what you have said, you may have a good case to go against the driver and/or her parents. I would suggest talking to an attorney to be able to discuss all the details and options that you may have. You need to be sure to get this done within the statute of limitations. There may be some other type of insurance that the other person has, or parents have, that hasn't been discovered yet.

There are a lot of questions your story brings up, but it is very possible that you do have a decent case.

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Answered on 8/10/06, 2:03 pm


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