How Do 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.

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:

• Filing a claim with your own insurance company – if you are not to blame, your insurance company will pursue a subrogation claim against the at-fault driver. If you are to blame and you carry PIP insurance, then you will be able to collect under this policy.
• Filing a third-party claim with the at-fault driver’s insurance company
• Filing a personal injury lawsuit in civil court

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 Arkansas car accident 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.