UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. Count One — Breach of Contract (UM/UIM Benefits)
8. Count Two — Bad Faith
9. Damages
10. Jury Demand
11. Prayer for Relief

Caption

IN THE CIRCUIT COURT OF [COUNTY NAME] COUNTY, ARKANSAS

[DIVISION NAME] DIVISION

Parties

1. Plaintiff, [PLAINTIFF FULL NAME] ("Plaintiff"), is an individual residing at [PLAINTIFF ADDRESS], [CITY], [COUNTY] County, Arkansas [ZIP CODE], and is an insured under the automobile insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME] ("Defendant Insurer"), is an insurance company authorized to transact business in the State of Arkansas, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this matter pursuant to Ark. Code § 16-13-201 and the Arkansas Constitution, Art. 7, § 11.

5. The amount in controversy exceeds the jurisdictional minimum of this Court.

6. Venue is proper in [COUNTY] County pursuant to Ark. Code § 16-60-101 because [☐ the accident occurred in this county / ☐ Defendant transacts business in this county / ☐ Plaintiff resides in this county].

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY/ROUTE], in or near [CITY], [COUNTY] County, Arkansas.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, proximately causing a collision with Plaintiff's vehicle.

9. The Uninsured/Underinsured Motorist was negligent in one or more of the following respects:

☐ Operating a vehicle at an excessive or unreasonable speed (Ark. Code § 27-51-201)
☐ Failure to yield the right of way (Ark. Code § 27-51-601)
☐ Following too closely (Ark. Code § 27-51-305)
☐ Driving while intoxicated (Ark. Code § 5-65-103)
☐ Failure to obey a traffic control device (Ark. Code § 27-52-105)
☐ Improper lane change (Ark. Code § 27-51-302)
☐ Texting while driving (Ark. Code § 27-51-1504)
☐ Failure to maintain a proper lookout
☐ Other: [________________________________]

10. As a direct and proximate result of the above-described negligence, Plaintiff sustained serious bodily injuries and damages.

Policy Identification and Coverage

11. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

12. The Policy includes uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. The Policy includes underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent to recovery.

15. Plaintiff did not execute a valid written rejection of UM coverage as required by Ark. Code § 23-89-403.

UIM Coverage Election

16. ☐ Plaintiff elected UM coverage, and the insurer subsequently offered UIM coverage pursuant to Ark. Code § 23-89-209.

☐ Plaintiff elected UIM coverage in the amount of $[UIM LIMIT] per person / $[UIM LIMIT] per accident.

Stacking Provisions

17. ☐ Plaintiff claims stacking of UM/UIM coverages across [NUMBER] vehicles / [NUMBER] policies.

☐ The Policy [☐ contains / ☐ does not contain] an anti-stacking provision.

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

18. The at-fault motorist was uninsured at the time of the accident in that [☐ no bodily injury liability policy was in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer denied coverage or is insolvent].

☐ Underinsured Motorist (UIM) Claim:

19. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is less than Plaintiff's UIM coverage limits.

20. Plaintiff has exhausted the at-fault motorist's bodily injury liability limits and received $[AMOUNT RECOVERED FROM TORTFEASOR] in [☐ settlement / ☐ judgment].

21. Defendant Insurer was provided with timely written notice and the opportunity to consent to the settlement with the tortfeasor's insurer.

Count One

Breach of Contract (UM/UIM Benefits)

22. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 21.

23. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

24. Plaintiff has performed all obligations and satisfied all conditions precedent required under the Policy.

25. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff despite proper and timely demand.

26. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial.

Count Two

Bad Faith

27. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 26.

28. Under Arkansas law, an insurer owes a duty of good faith and fair dealing to its insureds. An insurer may be liable for the tort of bad faith when it affirmatively engages in dishonest, malicious, or oppressive conduct to avoid a just obligation to the insured. Aetna Cas. & Sur. Co. v. Broadway Arms Corp., 281 Ark. 128 (1983).

29. Defendant Insurer acted in bad faith by:

☐ Unreasonably delaying investigation and/or processing of the claim
☐ Denying benefits without a reasonable justification
☐ Failing to make a good-faith effort to settle the claim
☐ Refusing to pay an amount clearly owed while disputing only the excess
☐ Misrepresenting policy provisions or applicable law
☐ Other: [________________________________]

30. Defendant Insurer's bad faith conduct was knowing, intentional, and without reasonable cause, entitling Plaintiff to compensatory and punitive damages.

Damages

31. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Mental anguish and emotional distress: $[AMOUNT]
☐ Physical disability and disfigurement: $[AMOUNT]
☐ Loss of enjoyment of life: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Punitive damages (bad faith claim): According to proof
☐ Statutory penalty of 12% (Ark. Code § 23-79-208)
☐ Prejudgment interest
☐ Attorney's fees (Ark. Code § 23-79-208)
☐ Costs of suit

Jury Demand

Plaintiff hereby demands a trial by jury on all issues so triable.

Prayer for Relief

WHEREFORE, Plaintiff demands judgment against Defendant Insurer as follows:

1. Compensatory damages in an amount to be determined at trial;
2. UM/UIM benefits in the full amount owed under the Policy;
3. Punitive damages for Defendant Insurer's bad faith;
4. Statutory 12% penalty pursuant to Ark. Code § 23-79-208;
5. Attorney's fees pursuant to Ark. Code § 23-79-208;
6. Prejudgment interest as permitted by law;
7. Costs of this action; and
8. Such other and further relief as this Court deems just and equitable.

Respectfully submitted,

[ATTORNEY NAME], Arkansas Bar No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Arkansas [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Arkansas

Sources and References

• Ark. Code § 23-89-403 — Justia
• Ark. Code § 23-89-209 — Justia
• Arkansas Auto Insurance Requirements — Arkansas Insurance Department
• Arkansas UM/UIM Overview — Kiekla & Associates