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What Are Your Options if Hit by an Uninsured Driver in Arkansas?

December 28, 2023

Being involved in a car accident is always a distressing experience, but it becomes particularly complicated when the at-fault driver is uninsured. In Arkansas, where such situations are not uncommon, it's crucial to understand the legal options available to you. As experts in car accident law, Walker Law Group is well-equipped to guide clients through these complex scenarios.

Understanding the legal framework of Arkansas' insurance requirements is essential. While state laws mandate all drivers to have liability insurance, there are cases where drivers do not comply. This can leave victims in difficult positions, both legally and financially.

Utilizing Your Own Insurance

Your first step may involve looking into your own insurance policy. Arkansas drivers are advised to carry Uninsured Motorist (UM) coverage. This provision is designed to protect you in instances where the at-fault driver lacks insurance. UM coverage can assist in covering medical bills, lost wages, and other damages resulting from the accident.

However, dealing with insurance companies can be a complex and often frustrating process. Our car accident attorneys are experienced in handling such cases and can help you navigate the intricacies of your insurance policy to ensure you receive the coverage you're entitled to.

Considering a Civil Lawsuit

If the uninsured driver is at fault, you have the legal right to file a civil lawsuit against them. This can lead to compensation for your damages, including medical expenses, property damage, and pain and suffering. However, the financial status of the uninsured driver is a crucial consideration, as it impacts their ability to pay any awarded damages.

At Walker Law Group, we perform thorough investigations into the accident and the at-fault party's financial situation to assess the feasibility of this option. We provide realistic advice and strong legal representation should you choose to pursue this route.

Collision Coverage

If your auto insurance policy includes collision coverage, it can be used to cover the costs of repairing or replacing your vehicle. This coverage is separate from liability insurance and can be vital in cases where the at-fault driver is uninsured. It's important to understand the specifics of your policy, including any deductibles and coverage limits.

Our legal team can assist in clarifying your policy's details and work with your insurance provider to ensure you receive the maximum benefits under your collision coverage.

Legal Action and Comparative Negligence

When considering legal action, it's important to be aware of the statute of limitations in Arkansas. For car accidents, you generally have three years from the date of the accident to file a lawsuit. Prompt action is crucial to ensure you don't lose your right to seek compensation.

Furthermore, Arkansas follows a modified comparative negligence rule. This means that if you are found to be partially at fault for the accident, your compensation could be proportionally reduced. Understanding these nuances is essential, and our team can help clarify how these laws apply to your specific case.

Additional Considerations

There are other factors to consider when dealing with an accident involving an uninsured driver. For instance, if you have health insurance, it may cover some of your medical expenses. However, you may still be responsible for deductibles and co-pays. Additionally, if you have disability insurance or are eligible for other types of benefits, such as workers' compensation, these can also provide financial support during your recovery.

Understanding all your potential sources of support and compensation is crucial. Our attorneys can provide comprehensive guidance on leveraging all available resources to your advantage.

Expert Legal Support

Dealing with the aftermath of an accident with an uninsured driver can be overwhelming. At Walker Law Group, we specialize in Arkansas' auto accident and insurance laws. Our experienced team is dedicated to advocating for your rights and ensuring you receive the compensation you rightfully deserve.

If you're facing such a situation, don't hesitate to contact us for a consultation. We're here to support you through every step of this challenging process, ensuring your legal rights are protected and your peace of mind is restored.

WALKER LAW GROUP, PLC. is located in Fort Smith, AR and primarily serves clients in and around Fort Smith, Van Buren, Greenwood, Alma, Clarksville and Northwest Arkansas.

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.


400 North 6th Street
Fort Smith, Arkansas 72902

Phone: 479-783-5000
Fax: 479-783-0420
Email: michelle@fortsmithlaw.com

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