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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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Consumer protection

Customer Question

Consumer protection
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

If I understand your situation correctly, you have an auto insurance claim for which you have received partial benefits. You intend to sue the carrier for breach of contract (called a "bad faith" lawsuit) to recover the remainder.

Based on your post, it looks like the amount in dispute (so the difference between what the carrier paid and what you believe they should have paid) is going to be within the small claims court jurisdictional limits (less than $5,000.00), which is beneficial to you as it means you can sue without needing an attorney, it is much faster, and the rules are generally more relaxed allowing you to prosecute your case more easily (you can bring your auto repair expert to court to testify regarding the scope of damages along with the documents showing what was paid and what was not, the carrier can try to defend the action, and the court will issue a decision).

You can find information on small claims court in Arkansas here: