If you get into an accident and the at-fault driver doesn’t have insurance, you might need to rely on your own uninsured motorist coverage or take legal action against the other driver to recover damages. Our team at Rainwater, Holt & Sexton is here to walk you through your options.
Getting into a car accident is frustrating enough—but finding out the person who hit you doesn’t have insurance can make it even worse. What happens if the at-fault driver has no car insurance in Arkansas? How can you get the money you need to rebuild your life and repair the damage to your car?
Fortunately, an experienced car accident attorney can help answer that question and support you along the way. Here’s what you should know.
All Arkansas drivers must carry liability insurance on their vehicles. According to 27 Code of Arkansas Rules § 112-104, minimum coverage levels are $25,000 for injuries to a single person, $50,000 aggregate for injuries to multiple people, and $25,000 for property damage.
Liability insurance is mandatory, but there are additional coverage options that are worth considering. After an accident, the following key coverages could come into play.
One of the most crucial protections you can have as a driver is uninsured motorist (UM) coverage if you are involved in an accident with an uninsured driver in Arkansas. This coverage helps pay for your medical bills, vehicle repairs, and other expenses.
In Arkansas, uninsured motorist coverage is important due to the rising number of uninsured drivers on the road. According to the Insurance Information Institute, around 14% of drivers in the U.S. are uninsured. In Arkansas, this number is similar.
Similar to uninsured motorist coverage, underinsured motorist (UIM) coverage kicks in when the at-fault driver has insurance, but their policy limits are insufficient to cover all your damages. For example, if you sustain injuries and damages totaling $50,000, but the other driver’s insurance only covers $25,000, your UIM coverage can help fill that gap.
According to state law, Arkansas insurance companies must offer you uninsured and underinsured motorist coverage, but you can reject it in writing if you choose. However, considering the rising number of uninsured drivers on the roads, opting for this coverage can be a lifesaver.
The steps you take after any car accident can directly affect your ability to collect full compensation. However, after a car accident with an uninsured at-fault driver in Arkansas, these steps become even more important.
Safety should be your top priority. If it’s safe to do so, move your vehicle to the side of the road to avoid further accidents.
Dial 911 to report the accident. This will alert both the police and emergency medical teams to your crash site. You’ll need to have a police report, especially when dealing with an uninsured driver. The report serves as an official record of the incident, outlining the circumstances and who was at fault.
Even if you feel fine, see a doctor after the accident. Some injuries may not be immediately apparent. Medical records will also be important if you choose to file a claim or lawsuit later.
Use your phone to take pictures of the scene, including the vehicles involved, any visible injuries, and the road conditions. Capture the license plates, registration, and insurance details of the other driver, even if they claim to have no car insurance.
Collect contact details from the other driver, including their name, address, and phone number. If there are witnesses, gather their information too. Their statements can be valuable if you choose to pursue an uninsured motorist claim or legal action.
As soon as possible, let your insurance company know you’ve been in an accident with an uninsured driver. They will guide you through the next steps of your claim process.
If you’re able to safely do so, you should gather as much information as possible while you’re still at the scene.
Take note of everything: photos of the damage, the exact location, road conditions, and any other details you can think of. Even small details can play a big role in building a strong case, especially when proving what happened. Clear, accurate documentation helps establish the facts and gives your insurance company and legal team a much better chance to win your case. This information might be what ensures you get the compensation you need.
For example, if the other driver was speeding or driving recklessly, having witnesses or photographs will support your claim. If you decide to pursue legal action against the uninsured driver, this evidence will strengthen your car crash case in Arkansas.
When you get into a wreck with an uninsured driver in Arkansas, you may not know at the moment that they don’t have insurance. They may provide you with information from a canceled or expired policy, or claim they are insured but don’t have their proof of insurance in their vehicle.
There are several options to confirm a driver’s insurance coverage, but the most efficient is calling the police to the scene of the wreck. The police have a computer system accessible from their vehicles—the Arkansas Online Insurance Verification System (AOIVS)—that can tell them whether a vehicle is insured. If the police don’t come to the accident scene, your insurance company will verify the other driver’s coverage when you report the accident.
The AOIVS connects insurance companies to the Arkansas Department of Finance and Administration (DFA) and law enforcement agencies throughout the state. If someone’s insurance is canceled or they fail to renew, the insurance company notifies DFA of the lapse in coverage.
The DFA sends the vehicle’s owner a letter, reminding them that insurance coverage is mandatory in the state, demanding the driver provide proof of insurance, and issuing a $100 fine. If DFA does not receive the payment and proof of insurance within 30 days, the vehicle’s registration is suspended.
The AOIVS tracks reports from insurers, the issuance of DFA letters, and registration suspensions, which the police can access by searching the driver’s license plate.
The system works with all vehicles registered in Arkansas, and some out-of-state vehicles as well. However, in many cases, confirmation of coverage for an out-of-state driver will not be immediate.
You may not learn that the other driver was operating a vehicle without insurance until the police receive notification from the state where the vehicle was registered.
If an uninsured driver hits you in Arkansas, it may feel like your only option is to bite the bullet and pay out of pocket, but that’s not actually the case. You can also sue the uninsured driver directly. However, individuals without car insurance often don’t have much in terms of other assets, which can make it tough to collect on any judgment awarded to you.
In situations like this, you should have a car accident lawyer working on your side. An experienced injury attorney can help you through the process, including determining whether a lawsuit is a viable option, so you can take the right first steps toward your recovery.
If the driver responsible for your accident doesn’t have insurance in Arkansas, and you have uninsured motorist coverage, your insurance company will step in to cover your damages. Your legal team will still need to prove the other driver was at fault, and in some cases, your insurer may try to limit what they pay out.
You must review the limits of your uninsured motorist coverage to understand what you’re covered for. For example, if your policy covers $25,000 in damages, but your medical expenses and repair costs add up to $50,000, you’ll be left to cover the difference.
Filing a claim under your UM coverage may also increase your premiums, but having this coverage means you have a safety net to rely on when someone else’s negligence leaves you footing the bill. Remember that insurance companies are businesses, and even though you’ve been paying premiums for years, they might still try to minimize your payout.
When you hire a lawyer to represent you, they’ll work with your insurer to get you fair compensation.
One of the hardest parts about being hit by an uninsured driver is the financial toll it can take. You may face out-of-pocket expenses right away, from medical bills to vehicle repairs. Even if you have uninsured motorist coverage, it doesn’t mean you’re entirely off the hook. There are often deductibles to pay, and if your damages exceed your insurance coverage limits, those additional costs fall squarely on your shoulders.
The long-term financial impact can be even more concerning. If you’re injured in an accident and unable to work for months, your savings can quickly drain, and debt can pile up. Sadly, some Arkansas residents even find themselves dealing with bankruptcy after an uninsured motorist accident.
To mitigate these risks, you should consider increasing your coverage limits for uninsured and underinsured motorist protection so you’re not left vulnerable. Additionally, seeking legal help can be crucial in recouping every dollar possible, whether from your insurance policy or pursuing the at-fault driver in court.
Looking for other sources of insurance coverage is one way an experienced attorney can help when an at-fault driver in Arkansas is uninsured. Depending on the circumstances of the case, there may be one or more other parties who could be held liable for your losses.
One possibility is other drivers who were involved in the crash or who may have escaped the wreck but had a part in causing it. Our attorneys could investigate and, if they find evidence that another driver had a role in the crash, file a claim against them.
Vehicle defects cause or contribute to many wrecks. If our investigation reveals a flaw in a vehicle had a role in the crash, we hold the manufacturer accountable.
If the at-fault driver was using their own car for business purposes, it may be possible to hold the employer liable for the crash in some cases.
If poor road design, shoddy road maintenance, or similar factors lead to an accident, the local government responsible for the road might have partial responsibility.
If the uninsured driver was drunk, our attorneys could investigate where they purchased the drinks. If they bought spirits from a licensed alcohol vendor while obviously intoxicated, the vendor could be liable for your injuries.
Rainwater, Holt & Sexton has extensive experience helping clients in Arkansas recover from accidents involving uninsured motorists. We understand Arkansas laws and how to maximize your recovery.
Whether it’s negotiating with your insurance provider or pursuing legal action against the at-fault driver, our firm can guide you through every step of the process. With our team by your side, you won’t have to wonder if you’re doing everything possible to recover your losses—we’ll make sure you are.
If you’ve been involved in an accident with an uninsured driver, don’t wait. Contact Rainwater, Holt, & Sexton for a free consultation, where we can discuss what happens if the at-fault driver has no car insurance in Arkansas and provide a personalized plan for moving forward.
This is our home, and we want to ensure our neighbors and friends are supported. With offices throughout Arkansas — Little Rock, Springdale, Conway, Hot Springs, Bryant, Jacksonville, and Jonesboro—our accident lawyers are easily accessible when you need help.
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