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Pain and Suffering Limit Question where driver had insurance on both Truck and Trailer?
I was a passenger in a four door pickup pulling a cargo trailer in Arkansas. There was bad weather in the area and a tree fell across the roadway at night. The driver did not see the tree in time to stop on wet pavement with weight of the trailer pushing us. We hit the tree which came over the front of the truck and pushed the top of the truck down on top of us; leveling the top of the truck to the body level.
All four people in the truck were injured. I had a mild concussion, broken nose, cuts to the right arm and hand, soft tissue injuries to the chest, right shoulder and arm. I was transported by ambulance to the ER where they did X-rays and CT scans. I have been receiving treatment from my DR and a Chiropractor for seven weeks since the accident and still have a swollen area on my right shoulder.
The adjuster for the drivers insurance told me he will be ready to settle Medical Bills, Loss Work and Pain and Suffering as soon as my doctors release me.
The owner/driver of the vehicle I was in says he has 25/50/25 on the truck and 25/50/25 on the trailer.
My bills from the accident, Ambulance, ER, ER Doctor, Personal Doctor, Chiropractor etc... are over $12,000.00 and rising.
My question is: If the driver only has $25,000.00 coverage per person on his truck will the trailer insurance kick in to help with medical bills and pain and suffering?
If the medical bills run up to $24,000.00 that only leaves $1,000.00 for pain and suffering if they only use his truck insurance, correct?
Thanks for any answers or suggestions you may have.
You have more severe injury here (broken bones – nose). You really need to talk to an attorney. You really are asking if Arkansas has a doctrine or theory called “stacking of limits.” Some good lawyer might probably argue that the trailer and the vehicle insurance are the causes of the injuries (the trailer was pushing the car), and therefore both policies should work together (not stacking).
If Arkansas has stacking (I have not idea, you need an Arkansas lawyer), then you can stack the limits of the one against the other (add the two limits), regardless if the trailer had anything to do the accident.
There are other possible places where there might be coverage (UIM coverage), and your own policies. Again, this is way too complicated and you need an attorney, please see:
Please see our section on bodily injury here:
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