QUESTION
I'm currently involved in a lawsuit in which I chopped off some toes on a riding lawn mower owned by a former employer on her property.
Asked on Sep 27th, 2021 on Litigation - Arkansas
More details to this question:
I'm about to go to trial because the insurance company is going to present a witness saying I was drunk. I wasn't. First, why is my state of mind factor into getting hurt on someone else's property. Isn't this what insurance is for? Second, I wanna fire my lawyer and represent myself because I don't see anyone fighting for me as hard as me. Third, can I ask the jury for more than the maximum amount the insurance would have paid out for? I really want to stick it to the insurance company, because I feel that they could have simply paid me a little because my life was seriously altered due to the negligent homeowner not maintaining her equipment in a correct and proper way. It was an accident but rather than give me a little money which is what I believe to be fair, the insurance company wants to sully my name. I wasn't drunk, and no one was even there with me when the accident occured.
1 ANSWER
I'm not sure whether the insurance to which you refer is your former employer's policy or your own, but either way it would not cover damages that you caused to yourself. Thus, if you were drunk, that fact would be relevant to show that you were negligent and thus your injuries are wholly or partly your fault. If you are suing your former employer, or her insurance company directly (in New York you would be suing the former employer and the limits of her policy would have nothing to do with the lawsuitk, but I know that some states allow direct action against the insurer and AR may be one), you can ask for more than the policy. If you are suing your own insurer seeking coverage, as a general rule you can only get what you would have gotten had the insurer complied with your policy, plus interest. However, you may be able to get more if you can show that the insurance policy acted in bad faith in refusing to pay your claim.
Answered on Sep 27th, 2021 at 2:02 PM