Arkansas Uninsured & Underinsured Driver Accident Lawyers

UIM and UM Coverage: What You Need to Know

When an at-fault driver is uninsured or underinsured, compensation often comes from an unexpected place: your own auto insurance policy. While this might seem counterintuitive, the uninsured and underinsured motorist coverage provisions included in many insurance policies exist for exactly this situation.

• Uninsured Motorist (UM): This coverage applies when an at-fault driver has no liability insurance or after a hit-and-run crash, where the at-fault driver’s identity is never established.
• Underinsured Motorist (UIM): This coverage applies when an at-fault driver has insurance, but their policy limits are too low to cover the full cost of your damages. For example, if your medical bills total $60,000, but the other driver only carries the state minimum of $25,000 in liability coverage. UIM only kicks in once the at-fault liability limits have been exhausted.

The claims process for UIM and UM coverage typically involves:

• Notifying your insurance company that you were in a crash involving an uninsured or underinsured driver, and that you’re opening a UM or UIM claim.
• Providing initial documentation, including the police report and confirmation of the other driver’s lack of insurance or policy limits.
• Responding to investigation requests, which may include recorded statements, medical authorizations, and additional records.
• Submitting evidence of damages, such as medical bills, lost income, and documentation of ongoing or future care.
• Receiving a coverage decision or settlement position from the insurer.

UM and UIM coverage typically pay for the same types of damages available in a standard car crash claim, including medical expenses, lost wages, diminished earning capacity, and pain and suffering. But while handled by your own insurance company, approval is not automatic. In fact, UM and UIM are often subject to very close scrutiny, and it’s not unusual for the process to quickly turn adversarial.

When a UM or UIM claim becomes a fight, our Arkansas car accident lawyers can step in and level the playing field. Large insurance companies do not intimidate us. We approach every uninsured and underinsured claim with bulldog-like tenacity, relentless in our determination to force the insurer to honor the terms of the policies our clients have paid for.

Other Insurance Coverage That May Help

UM and UIM coverage might not offer the only path to compensation. Depending on your particular circumstances, other forms of insurance could come into play:

• Medical Payments (MedPay): This optional coverage pays for your and your passengers’ medical expenses, regardless of who was at fault. It is usually available immediately to cover co-pays or deductibles.
• Personal Injury Protection (PIP): Similar to MedPay but broader, PIP (if available/purchased) can cover medical bills and sometimes lost wages.
• Health Insurance: Your regular health insurance will pay for medical treatment, though the company may seek reimbursement (subrogation) from any final settlement.
• Collision Coverage: This pays for repairs to your vehicle, regardless of fault (minus your deductible).

Sorting out multiple insurance policies is confusing, even when you’re healthy. After a serious crash, it can be exhausting. One insurer points to another. Coverage overlaps. Keeping track of multiple deadlines is confusing. Make a mistake, and you could find yourself facing denied claims, unexpected repayment demands, or reduced payouts.

Our Arkansas car accident lawyers can take that burden off your shoulders. We’ll review all available policies, determine how coverage should be applied, and handle all communications with insurers, helping you avoid costly mistakes and ensuring the system doesn’t work against you.

Car Crash Lawsuits: Looking Beyond the At-Fault Driver

You always retain the right to file a personal injury lawsuit directly against the at-fault driver. However, even if you do win, there’s a good chance the driver will be “judgment proof.” After all, if they couldn’t afford insurance premiums, they probably don’t have significant assets—like cash savings or property—to seize. A multi-million dollar verdict is just a piece of paper if the defendant has no means to pay.

You may also have the right to seek compensation from third parties whose negligence may have contributed to your injuries. Depending on the circumstances surrounding your crash, other potentially liable parties might include:

• Vehicle Owners: If the driver borrowed the car, the owner’s insurance typically follows the vehicle.
• Employers: If the at-fault driver was working (delivering pizza, driving a company truck), their employer may be liable under “vicarious liability.”
• Government Entities: If a massive pothole or missing stop sign caused the crash, the city or state might be liable.
• Manufacturers: If brakes failed or an airbag didn’t deploy, there could be a product liability claim.

Once you hire our Arkansas car accident lawyers, they’ll begin a comprehensive crash investigation, working with engineers and accident reconstruction experts to determine how the collision happened, how it could have been avoided, and identify every party responsible. Our team will also conduct an asset search to determine if it’s in your best interest to take legal action against the at-fault driver directly.

Once we have the complete picture, we’ll act swiftly to pursue every possible avenue of financial recovery. We’ll negotiate with all parties and their insurers and, if necessary, take your case to court to secure the maximum compensation you deserve.

Hurt by an Uninsured Driver? Here’s What You Need to Do.

After any car crash, it’s important to take the necessary steps to protect your health and your rights, whether the other driver had adequate insurance or not.

• Call 911: Report the wreck and request law enforcement to ensure there’s an official record of the crash.
• Document the scene if you’re able: Take photos or videos of vehicle damage, road conditions, traffic signals, and any visible injuries.
• Get the other driver’s information: Even if the driver says they don’t have insurance, write down their name, contact information, and vehicle details.
• Get witness information: If anyone saw the crash or stopped to help, record their names and contact information as well.
• Get medical care: It’s a good idea to get checked out at the ER, even if you feel fine. If you suffered any injuries that aren’t immediately apparent, you’ll protect your health and create an official record linking those injuries to the crash.
• Notify your insurance company: Failure to provide timely notice may result in a denial.
• Don’t discuss fault: When speaking with insurers, the police, or anyone else, don’t speculate about the cause of the crash, and avoid saying anything that could be construed as an apology or admission of fault.
• Follow all medical advice: Missed appointments and other gaps in care can be used by the insurance company to question the seriousness of your injuries.
• Keep track of expenses and missed work: Save medical bills, receipts, prescription costs, mileage, and documentation showing time missed from work.
• Limit discussion of the crash and your injuries: Don’t discuss the crash or injuries with anyone other than your spouse or your attorneys, including on social media.
• Contact our Arkansas car accident lawyers: The sooner you get our firm involved, the sooner we can start taking the necessary steps to help you recover your losses.

How Our Arkansas Car Accident Lawyers Can Help

When you’re navigating the aftermath of a serious wreck, the system is not built to work in your favor. Even your own insurance company will prioritize its bottom line over your financial well-being. If you’re going to recover compensation for all your losses, you can’t afford to go it alone.

Our Arkansas car accident lawyers take an aggressive, hands-on approach from the start, moving quickly to protect your rights, preserve critical evidence, identify all responsible parties and potential sources of compensation, and counter any attempts to downplay your injuries or shift the blame onto you.

• Investigating the crash: We gather and review police reports, medical records, photos and videos from the scene, witness statements, and vehicle damage assessments. When needed, we work with accident reconstruction experts to determine how the crash happened and who was responsible.
• Dealing with insurance companies: We serve as the point of contact for every insurance company involved in your case. You won’t have to deal with their pressure tactics or any attempts to convince you to take a low-ball settlement.
• Managing paperwork and deadlines: We prepare and file all necessary documents and ensure deadlines are met so your claim isn’t jeopardized by technical missteps.
• Valuing your claim: We evaluate current and future damages, including medical care, lost wages, future earning capacity, property damage, and pain and suffering, to create a damage model that accurately reflects the true scope of your losses.
• Negotiating or litigating when necessary: We work to resolve every claim through negotiation, but we won’t hesitate to go to court. That’s what it takes to secure fair compensation.
• Protecting your financial recovery: After a settlement or verdict, we help resolve medical liens and reimbursement claims so that you can keep as much of your financial recovery as possible.

When you hire Caddell Reynolds, you’re partnering with attorneys who are personally invested in your case and your well-being. Our team is available 24/7—phone or email—to answer your questions and address your concerns. You’ll never be left guessing, and we’ll always make sure you have the information needed to make well-informed decisions as your case progresses.

You Have Options. We’ll Help You Find Them.

After a crash with an uninsured or underinsured driver, you might feel like you’ve hit a dead end. But there are paths to recover the compensation you need to get on with your life, and our Arkansas car accident lawyers are fully prepared to help you navigate them.

Reach out to Caddell Reynolds Law Firm for a free consultation at 800-671-4100 or online. We’ll listen to your story, answer your questions, and let you know where you stand and what it will take to win your case.