Arkansas is not a no-fault state. It operates under an ‘at-fault’ system, meaning the party responsible for the accident is liable for the resulting damages. Unlike in no-fault states, individuals may directly sue the at-fault driver for compensation following an accident.
If you’ve suffered an injury in an Arkansas car accident, it’s important to consult with an experienced Arkansas car accident attorney as soon as possible. An attorney can help you understand Arkansas’s auto insurance laws and fight for the compensation you deserve.
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What’s the Difference Between Fault and No-Fault Insurance?
There is no federal car insurance statute.
Because of this, each state has its own car insurance laws. Still, many state insurance laws are similar to one another.
The main difference between states’ car insurance laws is whether they are ”fault” or “no-fault.”
Fault Insurance
A majority of states (38 out of 50) are considered fault states.
In a fault state, the person who is at fault for an accident is liable for the damages. Fault liability rules are often called traditional tort liability rules: “You break it, you buy it”.
For example, if you are stopped at a red light and rear-end someone who is stopped at a red light, you will probably be held responsible for the damages since it was most likely your fault.
No-Fault Insurance
Unlike fault or tort liability insurance rules, in a no-fault system a driver who suffers damages must file a claim with their own insurance company.
It is not relevant who is at fault or acted negligently to cause damages. Further, no-fault rules limit an injured party’s ability to sue for damages. No-fault systems are associated with higher insurance premiums than fault systems. The higher cost of insurance is probably one of the reasons why Arkansas is not a no-fault state.
Arkansas Car Insurance Requirements
Arkansas requires drivers to have car insurance that meets certain standards. The essential requirement is that a car insurance policy must cover a minimum of $25,000 for personal injury in an accident and an additional $25,000 for property damage.
In addition, insurance companies are required to offer personal injury protection (PIP) and uninsured motorist insurance. PIP benefits cover medical costs, lost wages, and death benefits. Uninsured motorist insurance covers you and your passengers if you are hit by someone who does not have the required insurance.
While PIP and uninsured motorist insurance are not mandatory add-ons, you must sign a statement rejecting them both. A statement rejecting the add-ons proves that they were offered.
What to Do If You Get Hurt in an Accident
If you are injured in a car accident in Arkansas and don’t need emergency medical services you should take the following steps. Following these steps will help you maintain compliance with Arkansas car insurance law and get compensation for injuries and any other damages you suffer.
Stop
If you are injured in a car accident, the first thing you should do is stop. If you can, you should stop your vehicle out of traffic’s way. Next, call 911. You or someone else may need emergency medical care, and an accident report should be filed with the police. If possible, exchange contact, insurance, and vehicle information with the other driver.
Get home safely
You should next make sure to get home safely. Have your car towed if necessary. If you are faint or dizzy, get a ride home.
Once home, seek any and all medical care necessary to recover from injuries you have suffered. A sore neck may not seem like much, but it can lead to serious issues. When seeking medical care, be sure to document everything. Doing so will help the claims process immensely.
Choose How to Pursue Compensation
Finally, you should decide how you should receive compensation.
Depending on the circumstances, you can file a claim with your insurance company; file a claim with the other driver’s, insurance company, or file a civil claim.
If you’re unsure which option is best for you, call your insurance agent, they may be able to help you make a decision. Many lawyers also offer free consultations, so it can be a very wise move to contact an Arkansas lawyer right away. A lawyer can also help you determine which option is best for you. If filing a civil claim, you should always hire a lawyer.
Contact Us Today
If you have been injured in a car accident, it can be a very confusing, difficult time. At the Cottrell Law Office, car accident injuries are one of our primary focus areas, so we have the experience necessary to get you the compensation available under the law. Wes Cottrell can give you the attention and focus you deserve. Read our reviews of stellar service.
Then, for a free consultation, contact the Cottrell Law Office today online, or call us at (800) 364-8305.
Wesley Cottrell
Wes Cottrell earned his B.A. from Pittsburg State University in 1981 and his J.D. from the Washburn University School of Law in Topeka, Kansas in 1985. He was admitted to practice law in Kansas in 1986, in Missouri in 1987, in Arkansas in 1989, and Oklahoma in 1993. He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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