Arkansas is an “add-on” state when it comes to no-fault car insurance. This means that drivers are required to carry at-fault liability coverage, but they can also add on an additional no-fault coverage policy as well. If you are injured in an accident, this no-fault liability policy will help pay your medical expenses and damages, no matter who is to blame for the accident.
Unfortunately, collecting compensation after an accident isn’t always easy – even if you have a no-fault insurance policy. That’s why all injured Arkansas accident victims should contact an experienced car accident attorney immediately after their accident. At Rainwater, Holt & Sexton, our attorneys have extensive experience negotiating accident claims with insurance companies and protecting injured accident victims and their rights to full compensation. We can help you understand how no-fault insurance claims work in Arkansas.
No-fault insurance is an additional add-on policy that Arkansas drivers can purchase. These policies essentially provide coverage after an accident – even if you were to blame for the crash. Under a no-fault policy, you and your loved ones will receive money for disability income, medical bills, and even accidental death benefits, without having to establish who is to blame for the crash. Arkansas law requires that all companies offer drivers at least $5,000 of no-fault insurance to help cover them after an accident.
These benefits cover the driver of the vehicle and may even cover family members who are driving the vehicle, as well as passengers. It can also cover you if you are injured in an accident while riding in a car with someone else or driving a rental car. To obtain this additional type of coverage in Arkansas, you must choose PIP insurance.
Personal Injury Protection (PIP) is designed to help pay certain expenses after a car accident regardless of who caused the crash. Because Arkansas is an “add-on” state, drivers have the option of purchasing PIP coverage to provide financial assistance immediately following an accident.
Depending on your policy, PIP benefits can help pay for expenses such as:
One of the primary advantages of PIP coverage is that you can generally access these benefits without first proving another driver was at fault. This can provide important financial assistance while liability is being investigated or while a claim against the at-fault driver is pending.
However, PIP coverage does not pay for every loss associated with a car accident. It generally does not compensate you for pain and suffering, emotional distress, damage to your vehicle, or other losses that may be recoverable through a liability claim against the driver who caused the accident. Coverage is also limited by the terms and limits of your policy.
Understanding what your policy does and does not cover can help you make informed decisions after an accident and determine whether additional compensation may be available through another insurance claim.
While Personal Injury Protection can provide valuable short-term financial assistance, it is not intended to compensate accident victims for every loss they suffer. Serious injuries often result in medical expenses, lost income, and long-term treatment costs that far exceed the amount available under a PIP policy.
If another driver’s negligence caused the accident, you can generally pursue a liability claim against that driver’s insurance company for damages that are not fully covered by your PIP benefits. Depending on the circumstances, this may include:
Recovering compensation through a liability claim typically requires establishing that the other driver was responsible for causing the collision. Insurance companies may investigate the accident by reviewing police reports, photographs, witness statements, vehicle damage, medical records, and other evidence before determining liability and evaluating the value of a claim.
Disagreements sometimes arise over who caused the accident, the extent of an injured person’s damages, or whether certain medical treatment was necessary. When these issues are disputed, the claims process can become significantly more complicated. Having experienced legal representation can help ensure that important evidence is preserved, your damages are thoroughly documented, and the insurance company fairly evaluates your claim.
Since 2006, Rainwater, Holt & Sexton has represented injured Arkansans throughout the state and has recovered more than $1 billion for clients. As the largest personal injury law firm based in Arkansas, we have extensive experience helping accident victims understand their insurance coverage, pursue compensation from at-fault drivers, and navigate the challenges that often arise during the claims process.
Arkansas is an “at fault” state. This means that the person responsible for the accident is also responsible for the damages they have caused. An at-fault insurance policy will cover damages and injuries to the victims of the car accident. If you’re injured in an accident, you would traditionally turn to the “at-fault” driver’s insurance policy to pay your medical expenses, lost wages, and disabilities.
A no-fault car insurance policy will cover your expenses, even when you are the one who has caused the accident. There is no need to prove negligence or establish liability in order to file a claim.
If you are injured in an accident, you have three ways to recover compensation in Arkansas:
In Arkansas, all drivers are required to purchase liability insurance with specific minimums:
This basic minimum coverage will help pay for medical bills, property damage bills, auto vehicle repairs, and other damages for all drivers, passengers, and pedestrians who have been injured – up to policy limits. It covers all family members or friends that you’ve given permission to drive your car and it also covers you if you’re injured in a rental car.
Remember, liability coverage does not apply to your own injuries or your own damages. In order to obtain coverage for your own injuries and damages in an accident you caused, you must have already purchased PIP insurance or no-fault insurance protection. When you apply for liability coverage in Arkansas, your insurance agent is required to offer you a variety of optional coverages, including:
If you have no-fault Medical Payments/Personal Injury Protection coverage on your own policy, you will be able to at least make a claim on this policy. In Arkansas, you must reject it in writing to the insurance carrier at the time of getting your policy or you are entitled to the state minimum of $5,000. You can also opt in and pay a monthly/yearly premium to add the $5,000 coverage to your policy.
If you’ve been involved in a motor vehicle collision that isn’t your fault, BUT the officer does not state whose fault the collision was or doesn’t issue a citation to either driver, your claim is not necessarily dead. When an officer reports to a collision, often times the cars have been moved, a driver or passenger may be getting transported to the hospital, there are no witnesses sticking around, and the officer doesn’t have any direct knowledge of how the collision occurred other than both of the driver’s stories. There’s also the possibility that the other driver was in the wrong and has now changed his or her story when being questioned by the police officer.
Even if the evidence of the wreck has been altered before the officer arrives, and even if the other driver changes his or her story, you may still file a claim with both your insurance and the other driver’s insurance.
Filing a PIP/no fault claim in Arkansas can be as simple as contacting your insurance company and telling them about the crash. In order to receive compensation and make your claim, you must have been involved in an accident and you must have measurable damages to be compensated for. In other words, you must have bills or evidence of financial losses you’ve endured.
Be honest and forthcoming with your insurance company during this time. They may request medical bills, documents, police reports or other types of evidence. Do your best to answer their questions honestly and efficiently. However, contact an experienced attorney if you feel like your case is not being treated fairly or justly.
In Arkansas, you must prove to the jury that the other driver is at least 51% at fault for the collision. While a citation given to the other driver or a finding of fault by the investigating officer may be helpful in proving the facts surrounding the collision, it is by no means a prerequisite to filing a claim, or definitive winning proof for or against your claim.
However, if it is established that you were partly to blame for the accident and the injuries you sustained, your settlement will be reduced accordingly. For example; a reckless driver ran a red light and hit your vehicle at a high rate of speed. You, however, were speeding at the time of the accident. According to the court, you were 20% responsible for the accident and your injuries. Total damages awarded to you were $50,000. According to Arkansas’ modified comparative fault rule, you would only be allowed to collect $40,000.
A serious car accident can flip the lives of a normal Arkansas family upside down. The physical realities of your injuries alone can be overwhelming, not to mention the financial ones. You have medical expenses, lost wages, and other costs that are bound to start coming in soon, and how will you pay for it all?
At Rainwater, Holt & Sexton, we don’t think you should have to. In our opinion, the at-fault driver’s insurance company should be on the hook for all the expenses you incur due to your injuries but getting fair compensation from them can be difficult on your own. The problem is most accident victims don’t know what their case is truly worth, so they often take too little money for their claim. An experienced attorney knows how to determine what your case is truly worth and can negotiate with the insurance company on your behalf to make sure you’re treated fairly.
When you’re involved in a car accident with a hit-and-run driver or any other non-at-fault car accident, your whole world can feel like it’s suddenly crashing down around you. After all, without the “at fault” driver, how can you file a claim to pay for your medical expenses, lost wages, and car damage?
If you have PIP or UM/UIM insurance, you may be able to collect the money you need from your own insurance policy. If you don’t, don’t despair! There may be ways your lawyer can still obtain the money you need, but hit-and-run accident cases are often difficult without a lawyer.
Navigating insurance claims can quickly become complicated, especially when multiple insurance policies, disputed liability, or serious injuries are involved. Understanding how your coverage works, what benefits may be available, and whether you have the right to pursue additional compensation from an at-fault driver can make a significant difference in the outcome of your claim. Since 2006, Rainwater, Holt & Sexton has helped injured Arkansans understand their rights and pursue the compensation they deserve, recovering more than $1 billion for clients statewide.
With offices throughout Arkansas — Little Rock, Springdale, Conway, Hot Springs, Bryant, Jacksonville, and Jonesboro — our personal injury lawyers are easily accessible when you need help understanding how no-fault insurance claims work in Arkansas.
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