Arkansas Car Accident Settlement Process and Timeline

Whether visiting, living, or commuting in the state of Arkansas, you risk getting in a car crash. This is why you should learn how car accident settlements work in the state.

This article explains how the Arkansas car accident settlement process works. It also discusses the types of damages you can demand in your car accident lawsuit.

Do I Need To Report a Car Accident in Arkansas?

According to Arkansas law, drivers must report an auto accident to the Office of Driver Services within 30 days if there is either:

• Bodily injury or death
• Property damage of more than $1,000

When reporting your car crash, you must use the state-provided form.

You must also provide proof of insurance to the Office of Driver Services within 90 days.

Arkansas Car Insurance Laws

Every state has laws dictating the minimum amount of auto insurance motorists must carry. Arkansas's mandatory minimum insurance requirements include liability coverage of:

• $25,000 for the injury or death of one person (yourself, a passenger, another driver, a pedestrian, etc.)
• $50,000 for the injury or death of more than one person in a single accident
• $25,000 for property damage

How Do Car Accident Settlements Work in Arkansas?

You may need to sue the other driver if you have trouble with an insurance claim. You don't have to worry about a lengthy court trial. Most of these cases settle long before trial. Settling for a guaranteed lump sum is often better than spending years arguing over a vehicle accident claim only to lose at trial.

A settlement ensures a guaranteed payout. It will also save you money on court costs and other fees. When your car accident lawyer settles your case, they'll expect you to reimburse them for any money they spent on your case. You'll receive a more significant portion of your settlement amount if you settle your car accident case.

Some states take the decision of whether to settle out of plaintiff's hands. Arkansas is not one of these states. The Arkansas courts don't have mandatory settlement conferences. But, judges have the authority to require parties to appear in court for such a conference or to discuss other informal ways to resolve the case.

Even if your judge doesn't require you to attend a settlement conference, your personal injury attorney will almost always discuss settlement options before trial.

What Is the Average Car Accident Settlement in Arkansas?

It is impossible to predict how much your settlement will be. Every car accident lawsuit is different. While your attorney can give you a ballpark figure of what your case is worth, they won't know how much your case will settle for ahead of time.

To determine a fair settlement amount in your case, your attorney and the defendant's lawyer will consider the following damages:

• Insurance coverage (insurance companies won't pay more than policy limits)
• Car repairs for vehicle damage and property damages
• Medical bills (past and future)
• Pain and suffering
• Lost wages for time away from work
• Future lost income
• Emotional distress

Judges rarely award punitive damages in a car accident case. They reserve these damages for cases where they want to punish the defendant and make an example of them. But, if a drunk driver caused your car accident injuries, you could demand punitive damages.

How Long Do I Have To File a Car Accident Lawsuit in Arkansas?

Like all states, Arkansas has a time limit (statute of limitations) for filing a civil lawsuit. The statute of limitations for a car accident lawsuit in Arkansas is three years. The clock starts on the date of the collision.

The courts rarely extend the statute of limitations period. This means you must take legal action even if you have a pending claim with the insurance company.

Need Legal Help With Your Arkansas Car Accident Settlement? Contact an Attorney

Before you agree to a settlement with the defendant or insurance company, talk to a car accident lawyer. The insurance company will ask you to sign a settlement release. When you sign this document, you could be essentially signing away your rights to demand damages in the future.

But this depends on the type of release you sign, and it is best to discuss with an experienced attorney before doing so.

Settlement agreements are nearly always final and binding. The good news is that your personal injury lawyer can help you build a strong case and ensure your settlement is fair and adequate. Without the advice of an Arkansas accident attorney, you could end up with an insufficient amount to cover your losses.