Arkansas Car Accident Settlement and Lawsuits
In Arkansas punitive damages of pain and suffering can be awarded.
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If you've been involved in a car accident in Arkansas -- whether as a driver or passenger -- a number of state laws could affect any insurance claim or lawsuit you decide to make. This page provides a guide to the Arkansas-specific resources on All-About-Car-Accidents.com, including an examination of key state laws and car insurance rules. We’ll also provide tips on when it might be a good idea to contact an Arkansas car accident lawyer for help with your claim.
Arkansas Car Accident Laws
After a car accident in Arkansas, if you decide to file an injury claim against the at-fault driver, there are a few state laws to keep in mind, beginning with the time limit for getting a lawsuit started in Arkansas (this type of law is called a statute of limitations, and most states have different deadlines depending on the kind of case you want to file).
In Arkansas, whether you are filing a lawsuit for personal injury or vehicle damage after a car accident, you have three years from the date of the crash to get the initial complaint filed in Arkansas’s civil court system. You can find this law at Arkansas Statutes section 16-56-104. What happens if you don’t get your case filed before this statutory deadline passes? The court will almost certainly throw your lawsuit out as time-barred. So it’s critical to abide by the statute of limitations as it applies to your case.
Learn more about the injury lawsuit filing deadline in Arkansas and get up to speed on other state laws that could impact your car accident case in our article Car Accident Laws in Arkansas.
Arkansas Car Insurance Requirements and Rules
If you’re making an injury or property damage claim after a car accident in Arkansas, car insurance coverage will almost certainly play a key role, whether you are making a claim under your own policy or with the at-fault driver’s carrier (this is known as a third party car insurance claim).
Here is a quick summary of car insurance rules and requirements in Arkansas:
- Arkansas is a “fault” or “tort” car insurance state, which simply means that after an accident you are free to file an insurance claim or personal injury lawsuit against the driver who caused the crash (you can also make a claim under your own coverage if you choose to do so).
- The minimum car insurance coverage requirements for drivers in Arkansas are: $25,000 per person for bodily injuries, $50,000 per accident in which more than one person is injured, and $25,000 per accident for vehicle or property damage.
- Arkansas law requires that a car insurance carrier offer uninsured motorist bodily injury limits to the purchaser of a policy, up to the liability limits he or she has elected. If the policy purchaser does not want UIM coverage, he or she must explicitly reject it in writing. Learn more about uninsured motorist coverage.
For more details, check out Arkansas Car Insurance Laws and Regulations.
Contact an Arkansas Car Accident Lawyer
You may not need to hire an Arkansas car accident lawyer if your case is fairly simple and you didn’t suffer serious injuries. So, if you were rear-ended at very low speed and the other driver’s insurance company accepts liability, you can probably handle that kind of claim yourself, as long as you’re comfortable doing so.
But if the other driver’s insurance adjuster is saying you were at fault for the car accident, or if you suffered significant injuries, things can get contentious and complicated pretty quickly, and it might be a good idea to discuss your situation with a nearby car accident lawyer.
A good car accident attorney knows how to handle the back-and-forth of settlement negotiation, and understands the best way to protect your rights at every stage in the injury claim process, including filing a car accident lawsuit in the Arkansas civil court system if it comes to that.