Detailed Answer
When an at-fault driver lacks liability insurance on the date of loss in Arkansas, injured parties still have several paths to seek recovery. You can pursue these options:
1. File a claim under your own Uninsured Motorist (UM) coverage
Arkansas law requires insurers to offer Uninsured Motorist coverage. Under Ark. Code Ann. § 23-89-201 (link), your insurer will pay for your bodily injury damages up to your policy limit when the at-fault driver has no liability insurance. After paying your claim, the insurer may seek reimbursement from the uninsured driver through subrogation.
2. Submit a claim to the Uninsured Motorist Accident Fund
Arkansas maintains an Uninsured Motorist Accident Fund to help injured parties when an at-fault driver carries no liability insurance and you either lack UM coverage or exhaust your UM limits. See Ark. Code Ann. § 27-22-310 (link). You generally must file your claim within one year of the accident and provide proof of damages.
3. File a civil lawsuit against the at-fault driver
You can file a negligence suit in circuit court seeking compensation for medical bills, lost wages, and pain and suffering. If you obtain a judgment, you can enforce it through wage garnishment, bank account attachment, or liens against real property. Keep in mind that if the driver lacks assets, collection may be difficult.
4. Consider small claims court for property damage
For vehicle repairs or other property damage up to $5,000, Arkansas small claims courts offer a simplified process in many counties. This route can be faster and less expensive than circuit court litigation.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney to discuss how Arkansas law applies to your situation.
Helpful Hints
- Review your own auto policy declarations to confirm your UM/UIM limits.
- Obtain a police report and document all accident details immediately.
- Notify your insurer promptly and follow all claim procedures.
- Preserve evidence—photos, medical bills, repair estimates, and communications.
- Consult an attorney early to protect your rights and meet all deadlines.