Arkansas Car Accident Compensation Laws

When you're involved in an auto accident, your insurance company and the laws of the state partially determine your outcome. Every state handles insurance claims in its own way.

No matter where you live, you must have comprehensive car insurance. A few states require uninsured motorist coverage because so many drivers don't have insurance. In Arkansas, you only need liability coverage and property damage protection.

After a car accident, you must stay on the scene and exchange insurance information with the other driver. If there were injuries or property damage over $1000, the drivers must report the accident to the police. The Arkansas Office of Driver Services must receive a report of any accident within 30 days (Arkansas Code section 27-19-501).

Continue reading to learn more about Arkansas car accident compensation laws.

Arkansas Car Accident Laws

Protecting yourself from liability begins at the time of the accident. Under Arkansas law, drivers must remain at the scene and notify law enforcement if there are injuries or serious property damage. Leaving the scene of an accident can result in criminal charges. It may also void your insurance policy.

Getting fair compensation after a car accident in Arkansas means showing the other driver caused the accident and minimizing your liability.

Fault

Arkansas, like most states, is an "at-fault" insurance state. The at-fault driver's insurance pays all claims in the accident. After an accident, you can:

• File a claim with your auto insurance company. Your company then files a claim against the other driver's insurance company for reimbursement.
• Make a claim with the other driver's insurance. A "third-party" claim lets you claim damages that your own policy does not cover.
• File a personal injury lawsuit against the at-fault driver. You may need to wait until your insurer denies your claim before you can file a lawsuit.

Negligence

Fault requires proving negligence. Who files the car accident lawsuit must prove the other party did something that caused the accident.

• The defendant must have a duty to the claimant. In car accidents, this means obeying traffic laws.
• The defendant must have breached the duty by violating the law or driving recklessly.
• The breach must have caused some harm to the claimant. The accident must have directly injured the claimant
• The claimant must have suffered an actual injury. In a personal injury case, claimants cannot recover for possible injuries.

Unlike criminal court, in civil court, the victim must gather evidence and present their case. You must provide the police report, medical bills, witness statements, and other evidence.

Modified Comparative Negligence Rule

In Arkansas, courts calculate damages using the modified comparative negligence standard. The comparative fault rule recognizes that in most accidents, both drivers share some responsibility for the collision. For instance, one driver may have been speeding and ran a red light, but the other driver could have avoided injuries if they had been wearing their seat belt.

Arkansas' modified rule lets drivers recover if they are less than 50% responsible for their accident. Drivers less than 50% at fault have their recovery reduced in proportion to their degree of fault. In practice, modified comparative negligence looks like this:

In monetary terms, if you are 10% at fault, you can recover 40% of your damages.

Some states use pure comparative negligence. In these states, drivers can recover regardless of their degree of fault. A few states still use contributory fault. If a driver is even 1% at fault, they cannot recover anything for their accident.

Damages in a Personal Injury Case

In a personal injury case, "damages" are always monetary. That is, claimants will always receive money in a settlement or award. There are two types of damages: economic and non-economic.

Economic damages are those that courts can reasonably calculate, such as wages or medical treatment. Non-economic damages, like pain and suffering, are less easy to calculate. But, claimants still receive a monetary payout for these damages.

Some types of damages available in a car accident case include:

• Property damage: This can include vehicle damage, personal property, or real property, such as buildings or fences.
• Lost wages and other loss of income: This can include future opportunities.
• Medical expenses: This can include surgeries, rehabilitation, and medical devices.
• Pain and suffering: Courts use different types of calculators to assess pain and suffering, but the most common is a "multiplier." This takes the total amount of medical bills and multiplies it by the severity of the injuries.
• Loss of consortium: Family members make this claim following a wrongful death or other traumatic loss.

Punitive damages are only awarded in personal injury claims if the plaintiff can show the defendant knew their conduct would cause serious bodily injury or death and they intentionally carried out their course of action. Arkansas caps punitive damages in personal injury claims at three times the compensatory damages or $1 million total.

Limitations on Damages

Arkansas accident victims must file their personal injury case within three years of the date of the accident. The statute of limitations bars any recovery after that date. At the same time, your insurance company may require you to go through their claims process before filing a lawsuit. It's important to consult a personal injury lawyer right away after an accident.

Arkansas has no damage caps on economic and non-economic damages. But, accident victims must keep their insurance claim "reasonable." The court considers all evidence submitted and will not accept excessive claims for millions of dollars unless you have evidence supporting your claim.

Need Legal Advice? Consult an Arkansas Car Accident Lawyer

After a car crash, filing a car accident claim is only the first step. You may need to begin legal action, and you only have a short time to do so. To protect your rights, contact an Arkansas car accident attorney right away.