Hit by an Uninsured Driver in Arkansas? Your Legal Options Explained

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Content Reviewed by: A. Parker Trotz

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Content Reviewed by: A. Parker Trotz

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Mr. Trotz has handled injury cases involving auto accidents, slip and fall, premises liability, and negligent security. Every day, Mr. Trotz represents those who have been injured and many of his clients have sustained traumatic and life-altering injuries.

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Last Date Modified

05/08/2025

Uninsured drivers continue to be a serious issue on the road, and it is only getting worse. Nationwide, the percentage of uninsured motorists was 11.6% in 2017 but rose to 14% in 2022. According to the Insurance Research Council, one in three drivers, or 33 percent, were uninsured or underinsured in 2023.

As insurance rates skyrocket, more people ignore state minimum insurance requirements. Oftentimes, these drivers flee the scene rather than face the consequences, leaving you to pay for your car repairs and medical bills yourself. While you can rely on your insurance for some compensation, it’s often not enough to cover your full damages.

If you’ve been hit by an uninsured driver in Arkansas, our seasoned attorneys can answer your questions and explain your legal options. Read on for more about the insurance claims process steps you should take after a car crash with an uninsured driver.

Table Of Contents

Understanding Uninsured Motorist Accidents in Arkansas
Insurance Coverage Options for Uninsured Driver Accidents
What Are Your Legal Options if You’re Hit by an Uninsured Driver?
Steps To Take After an Accident with an Uninsured Driver in Arkansas
How a Personal Injury Lawyer Can Help You
Our Skilled Arkansas Uninsured Car Accident Lawyers Are Here for You

Understanding Uninsured Motorist Accidents in Arkansas

Arkansas is an at-fault state, meaning the party liable for an accident is responsible for damages. Usually, the at-fault driver’s insurance pays, but some do not carry car insurance coverage.

Arkansas Laws on Car Insurance Requirements

Arkansas laws require minimum auto insurance coverage limits for drivers licensed in the state. Every driver in Arkansas must carry liability insurance with policy limits of:

$25,000 per person for bodily injury
$50,000 per accident
$25,000 property damage liability

Unfortunately, many Arkansas drivers fail to follow the rules and continue to operate their vehicles with no insurance or limits below the state’s requirements. As of 2022, Arkansas had a 15.1% uninsured driver rate, the 18th highest in the nation. By 2023, that rate had decreased to 8.7% due to the implementation of a real-time insurance verification system.

What Happens When You're Hit by an Uninsured Driver?

You never know when you’ll get into a crash with an uninsured driver. Unfortunately, these accidents can significantly impact you in many ways.

Financial Implications of an Uninsured Driver Accident

Many car crashes result in serious property damage and severe injuries. Even if the accident wasn’t your fault, you could face mounting bills if the other driver wasn’t insured.

While Arkansas imposes fines for driving uninsured, this doesn’t help you cover damages after an accident. You may have to cover your damages yourself, unless you have certain types of coverage.

Legal Responsibilities of Drivers in Arkansas

If an uninsured driver is at fault for an accident, they may be personally responsible for the injured party’s damages. However, collecting compensation via a lawsuit may prove difficult if they lack assets.

In Arkansas, a driver may also face license suspension and fines for driving without the required insurance coverage.

Insurance Coverage Options for Uninsured Driver Accidents

If you’re hit by a driver who doesn’t have insurance, you might be confused about your options. Fortunately, uninsured and underinsured insurance is a type of insurance coverage designed for these situations.

Uninsured Motorist Coverage

Arkansas requires insurers to offer uninsured motorist coverage to every driver who purchases liability insurance. As a driver, you can opt out of purchasing this coverage, but it is highly recommended that you have it.

If you’re in an accident with an uninsured motorist, you can file a claim under your personal UM policy. When you contact your insurance company, have the following information available for your claim:

Police reports
Witness statements
Medical records

It’s also a good idea to consult an experienced Arkansas car accident lawyer who can advise you of your rights and responsibilities.

Underinsured Motorist Coverage (UIM)

Insurers must also offer Arkansas motorists underinsured motorist coverage. While drivers can also opt out of this coverage, it’s good coverage to have. If you are involved in a serious crash with substantial damages and the at-fault party only carries the minimum limits required by law, your UIM coverage will help cover the gap.

Collision Coverage and Medical Payments

When you’re involved in an accident with an uninsured or underinsured driver, it’s important to know how your insurance policy can help cover the costs and address your concerns.

Getting your damaged vehicle repaired or replaced after an accident can be a major concern. Collision coverage in your personal auto insurance policy will cover damage to your vehicle in a crash, regardless of fault. This coverage typically has a deductible, which you have to pay before insurance begins paying your out-of-pocket costs.

In addition to collision coverage, another important part of your policy is Medical Payments coverage. MedPay coverage on your personal policy can help pay for your and your passengers’ medical treatment costs, after satisfying a deductible. MedPay is included with all auto policies in Arkansas unless the policyholder rejects the coverage in writing.

What Are Your Legal Options if You’re Hit by an Uninsured Driver?

If you’re hit by a driver with no insurance, you have several legal options to recover compensation, including:

Filing a Lawsuit Against the Uninsured Driver

You can sue the at-fault driver directly to recover your damages. The downside is that most people who don’t have insurance also don’t have the funds to pay a judgment, even if you win in court.

If you decide to pursue a lawsuit, you have three years from the date of the accident to file your claim according to Arkansas’s statute of limitations. Timely action in these cases is critical because evidence and witnesses can disappear quickly.

Seeking Compensation Through a Third Party

In some cases, a third party might be wholly or partially responsible for your accident. For example, the other driver might be uninsured, but the accident happened because a defective tire exploded. In this case, you could sue the tire manufacturer for your damages.

Other potential third parties include property owners, employers, and government entities. A skilled personal injury lawyer can help you identify responsible parties and sources for recovery.

Exploring Alternative Compensation Options

In situations where suing the driver is unlikely to recover enough and there isn’t third-party involvement, other sources of compensation may be available.

For example, the Arkansas Crime Victims Compensation Fund makes up to $25,000 available for victims suffering catastrophic injuries. You may be eligible for compensation from this fund if your injuries are the result of an intentional act to inflict harm, a hit and run, or a violation of the state’s DWI Act.

Steps To Take After an Accident with an Uninsured Driver in Arkansas

If you’re in an accident with an uninsured driver, your initial steps can significantly impact your ability to recover compensation and achieve a positive outcome for your claim.

1. Call Law Enforcement

Dial 911 to report the accident to law enforcement. This will generate a police report, which can be vital evidence when dealing with an uninsured driver. The police report usually outlines the circumstances of the accident and addresses who was at fault.

2. Gather Evidence

If you can do so, gather as much evidence as possible while you are still at the accident scene. Use your phone to take photos and videos, especially of the other driver’s license plate, vehicle damage, and their driver’s license if possible. Also, get the names and contact information of any witnesses.

3. Seek Medical Attention

Even if you don’t feel injured, seek immediate medical attention. Some injuries don’t show up right after a crash. A visit to the ER or urgent care also creates a medical record, which can help if you decide to file a personal injury claim later.

4. Notify Your Insurance Company

As soon as possible after the accident, notify your insurance company. Share all relevant evidence, such as photos, witness contact information, and the police report, to support your UM/UIM claim. Be honest about what happened, but avoid speculating and be careful not to admit fault.

5. Consult with a Personal Injury Lawyer

If you’ve been in an accident with an uninsured driver, speaking with an experienced Arkansas personal injury attorney can give you peace of mind and a clear path forward. Claims involving uninsured motorists are often complex, and skilled legal representation can be key to securing the full compensation you deserve. Fortunately, most personal injury attorneys work on a contingency fee basis, meaning you won’t owe any legal fees unless your case is successfully resolved.

How a Personal Injury Lawyer Can Help You

Dealing with the aftermath of a car crash can be stressful, especially when you find out the at-fault party was uninsured or underinsured and you’re left facing unexpected bills.

Whether you are in Little Rock, Jonesboro, or some other city or town, our knowledgeable Arkansas personal injury lawyers are skilled at helping victims like yourself recover compensation in cases where an uninsured driver is at fault.

Evaluating Your Case & Identifying Compensation Sources

Our skilled accident lawyers will review the details of your car crash to determine the best strategy for securing maximum compensation on your behalf. We’ll handle every aspect of your case, including:

Reviewing the police report
Securing medical records
Visiting the accident scene
Reviewing photo and video evidence
Interviewing witnesses

As part of your case, we’ll carefully investigate the accident to identify all potentially liable parties, including the uninsured driver, a third party, or another contributing factor. We’ll also explore every possible source of compensation to help ensure you receive the full financial recovery you’re entitled to.

Negotiating with Insurance Companies

Insurance companies are notorious for taking unfair advantage of accident victims. Their goal is to pay as little as possible, so they may deny your claim or offer a settlement that’s far less than you deserve.

While you focus on your physical and emotional recovery, we will handle all communications and negotiations with the insurance companies to get you full and fair compensation from uninsured drivers for damages such as:

Medical bills
Vehicle repairs
Lost wages
Pain and suffering
Emotional distress

Filing a Lawsuit & Representing You in Court

While suing an uninsured driver isn’t always necessary, our firm is fully prepared to take legal action when it’s in your best interest. We’ve successfully secured compensation for clients in complex uninsured motorist cases, and we won’t hesitate to go to court if an insurance company acts in bad faith or refuses to offer a fair settlement.

When you work with us, you’ll have a dedicated legal team ready to fight for the best possible outcome.

Our Skilled Arkansas Uninsured Car Accident Lawyers Are Here for You

At NST Law, we are passionate about our clients and the communities we serve. If you or a loved one has been injured by an uninsured or underinsured driver in Arkansas, call us at (800) 529-4004 or contact us online to schedule a free initial consultation. We work on a contingency fee basis, which means you won’t pay anything unless we win your case.

As The Champions For The Injured, we will fight for your rights and work hard to get you the compensation you deserve.