Legal Question in Personal Injury in Arkansas

My insurance won't pay enough, are others liable?

I was rear ended. The driver was without license, tags, an insurance. My car was totaled and I was badly injured. He hit a lady into me causing the accident. Each of them tried to talk me into not calling the police. I had neck surgery prior to the accident. I have been unable to work full time since the accident. I am under constant doctor care, for both physical and mental conditions. I own my on business that I started after the accident because I was no longer able to keep consistent hours working for someone else. The guy that caused the accident did not own the car, but was buying it from the son of the owner. He was known around campus as was his friend because they were on the football team. Am I entitled to compensation from the woman and/or her insurance company; from the kid that caused the accident; from the kid selling the car, or the owner/kids father? Is the University responsible? I have had lot of pain and suffering, loss of income, my marriage has suffered, as well as my business. I feel this is a lifetime injury/illness. Do you feel I am entitled from any other source other than my own insurance company?


Asked on 2/18/98, 9:40 pm

3 Answers from Attorneys

Benjamin Glass Law Offices Benjamin W. Glass & Associates

Who Can You Sue?

Some of this answer depends on what state you are inIn the District of Columbia, the owner of the carthat hit you is presumed to also be liable, althoughthat presumption can be overcome. There may beinsurance through the owner in any event.

As to the lady who was pushed into you, there can beno recovery against her unless she did something wrong.

You should consult with a personal injury attorney in your area.Most will talk to you for free. I have information on my website about how you can protect yourself against againstpeople who carry low or inadequate insurance.

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Answered on 2/24/98, 7:45 am
William Marvin Cohen, Placitella & Roth, P.C.

Why uninsured motorist insurance is VITAL

Your case is a prime example of why we trial lawyers are always telling people that UM/UIM coverage, although frequently misunderstood and confusing, is absolutely vital. There are many uninsured drivers and it shouldn't be a surprise to anyone that bozos who aren't responsible enough to carry insurance are not the most careful drivers, either.

UM/UIM protects you, your family, and your passengers from other drivers who don't have any insurance, or who have low limits.

You should have an attorney representing you. State law varies greatly, as Mr. Glass indicated, in whether or not a vehicle owner can be held responsible. In Penna, for example, the victim has to prove that the owner was negligent in lending the car to the other person. Was the car insured? Did the driver have permission? Did he exceed the scope of that permission? Was the driver working for anyone, or doing something on behalf of the owner or anyone else at the time?

I can't think of any reason the University should be responsible for everything a football player does, but you should have a good attorney who can investigate every possible source of adequate coverage for your losses.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

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Answered on 2/24/98, 9:13 am
Hugh Wood Wood & Meredith

Rear End Accident in AR

You are in AR. Get a good, local AR attorney to advise you of your rights. In GA, based on the way you wrote the facts, you would have the following options. You must bring suit within 2 years from the date of the accident. It may be that you have to sue multiple parties to get full compensation. If we rep in GA, we would consider suing, the lady that hit you (she has ins.), the indivdual driving the car behind her (the owner's insurance on the car should be valid regardless who is buying the car) (however, you said there was no ins), and we would notify you own insurance company under you Uninsured Motorist provision. If you have UM, you may be able to collect from your own primary carrier, amounts you cannot collect from those who hit you.

Your failure to call the police is a big problem, if you went along with that foolishness. It will be hard for you to prove the facts of your case.

As for your damages, you will need to talk to your local lawyers about that, however, it would seem to me that you have no claim for any lost profits of the business you started AFTER the accident occurred.

good luck

It sounds like these people will not settle with you and you will have to sue them.

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Answered on 2/24/98, 9:52 am


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