Understanding Uninsured Motorist Coverage in Benton Car Accidents

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Were you involved in a car accident in Benton, Arkansas? If so, one of the first things you rely on to cover medical bills, vehicle repairs, and other losses is car insurance. 

However, what happens if the at-fault driver doesn’t have auto insurance? This is a situation where it helps to have uninsured motorist (UM) coverage. Understanding how uninsured motorist coverage works can make a significant difference in protecting your financial well-being after an accident. 

In this article, we will discuss the basics of uninsured motorist coverage, its importance, and how it applies when you are involved in a car accident.

Car crash incidents

Benton, Arkansas Minimum Auto Insurance Requirements

Arkansas law requires vehicle owners to have liability coverage. Liability insurance pays for claims when you are at fault for a collision. 

The following are the minimum liability requirements for auto insurance in Arkansas:

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury
  • $25,000 to cover property damage

What Is Uninsured Motorist Coverage?

An uninsured motorist is someone driving without the legally required insurance coverage. Uninsured and underinsured motorist coverage (UM/UIM) are optional policies for drivers in Benton. Arkansas law does not require drivers to carry UM or UIM policies. 

Uninsured motorist coverage is a type of auto insurance designed to protect you if you’re in a car accident with a driver who does not have liability insurance. It also covers situations where the at-fault driver cannot be identified, such as in hit-and-run accidents. 

Uninsured motorist coverage typically comes in two forms: Uninsured Motorist Bodily Injury (UMBI) and Uninsured Motorist Property Damage (UMPD). UMBI coverage is for medical expenses, lost wages, and pain and suffering for you and your passengers, whereas UMPD coverage pays for damage to your vehicle or property caused by an insured driver. 

The Importance of Uninsured Motorist Coverage

Sadly, despite legal requirements in Arkansas for drivers to carry liability insurance, many individuals still drive without coverage. According to the Insurance Information Institute (iii), an estimated 15 percent of drivers are uninsured in Arkansas. This means there is a fair chance you could be involved in a car accident with someone who does not have insurance.

Without UM coverage, you may be put in a situation where you will have to pay out of pocket for damages caused by an uninsured driver. Even if you have health insurance or collision coverage, UM can provide additional protection for expenses that other policies might not fully cover. 

Steps to Take Immediately After a Benton Car Accident With an Uninsured Driver

The steps you take right after a motor vehicle accident can make a difference in your well-being and financial recovery. An auto insurance company will need certain information about the car accident to process the claim. 

If you are involved in a car accident with an uninsured driver, follow these steps to protect your rights and strengthen your UM claim.

1. Ensure safety

Check yourself, your passengers, and others involved in the car accident for injuries. Call 911 immediately if anyone needs medical assistance. 

If it is safe to do so, move your vehicle to the side of the road to prevent further accidents. Turn on your hazard lights to alert other drivers of the incident. 

2. Call 911

Call 911 from the accident scene. You should always notify law enforcement regardless of the severity of the car accident. An official police report is crucial, especially when dealing with an uninsured driver. 

Provide the driver with accurate details about the car crash. Be sure to mention that the other driver does not have auto insurance coverage. 

Request a copy of the police report for your records. This document will be critical when you go to file an insurance claim. 

3. Document the accident scene

If you are able, try to gather the following evidence while at the scene of the car accident:

  • Take photos or videos: Use your phone to capture images of vehicle damage, traffic signs, license plates, visible injuries, and road conditions
  • Gather witness information: If there are witnesses, collect their names and contact information; their statements could support your car accident case
  • Accident detail: Record the times, date, location, weather conditions, and any other relevant details about the incident
  • Exchange information: Even if the other driver is uninsured, ask for his or her name, contact details, and license number; do your best to avoid confrontations, keeping interactions calm and factual

4. Inform your auto insurance company

Contact your own insurance company as soon as possible and notify them of the accident. An insurer will usually ask many questions about the crash and the injuries you have sustained. You may want to prepare this information ahead of time to make the claims process easier. 

While it is important to be honest with your insurance provider, be careful not to say anything that could be viewed as an admission of fault. Your insurer will explain your coverage options, which may include UM, collision coverage, or personal injury protection (PIP). 

If your insurance policy does not cover your losses after the car accident, you may still be able to pursue compensation through other means, such as filing a personal injury lawsuit. 

5. Document your medical treatment and expenses

If you have sustained serious injuries, keep a detailed record of your medical treatment, including your doctor's visits, medications, physical therapy, and other expenses. These records will establish the financial impact of the auto accident and support your claim for compensation. 

6. Consult a personal injury lawyer

The insurance and legal processes can be overwhelming when dealing with an uninsured driver. Consulting a Benton, AR personal injury attorney experienced in handling cases involving uninsured motorists is an essential step you can take to protect your rights and maximize your compensation. 

An experienced personal injury lawyer can evaluate your case and determine the best course of action. 

Challenges of Being Involved in a Car Accident With a Benton, AR Uninsured Motorist

Even though Arkansas requires minimum insurance coverage, some drivers disregard these laws, leaving others vulnerable in the event of an accident.

Consider some challenges of being involved in a motor vehicle accident with an uninsured motorist:

  • Limited avenues of compensation: Without insurance, the at-fault driver may lack the resources to cover your losses
  • Complex insurance claims: Navigating your own uninsured/underinsured motorist coverage can be confusing
  • Legal obstacles: Filing a lawsuit against an uninsured driver can be time-consuming and challenging, especially if the driver lacks financial assets

How a Benton Personal Injury Lawyer Can Assist After an Accident With an Uninsured Motorist

A car accident attorney is skilled in helping victims recover compensation after an accident, even in challenging situations involving uninsured drivers. 

The following are some of the benefits of having a skilled lawyer on your side. 

Evaluate your car accident case

Your personal injury lawyer will assess the details of your accident to determine the best course of action. 

This evaluation process may include:

  • Reviewing the police report
  • Obtaining copies of medical records
  • Reading witness statements
  • Visiting the accident scene
  • Requesting a copy of video surveillance or dashcam footage

Your attorney will identify all potential sources of compensation, including your own insurance policy.

Navigate uninsured motorist coverage

If you have UM as part of your auto insurance policy, your lawyer can help you file a claim. Insurance companies often try to minimize payouts, but experienced attorneys know how to negotiate and ensure their clients receive fair compensation. 

Identify alternative means of compensation

Many drivers go without auto insurance because they can’t afford or don’t want to pay the premiums. In situations where the uninsured driver has limits or no assets, your lawyer may explore other options.

One option may be the personal assets of the at-fault driver. If the driver has any assets of value, these may be used to satisfy a legal judgment. 

Another option for compensation might be filing a lawsuit against another party. For example, if a vehicle manufacturer or a government agency contributed to the incident, your lawyer can help you pursue a personal injury claim against them. 

Deal with the insurance companies

Insurance companies often use bad faith tactics to delay or deny claims. A lawyer who has experience in uninsured driver cases knows how to counter these tactics. 

Your lawyer will handle all communications with the insurance companies, ensuring you are not pressured into accepting a low settlement.

Pursue non-economic damages

In addition to seeking compensation for medical bills and property damage, your lawyer can help you pursue money for non-economic damages. 

Types of non-economic damages recoverable in Benton, Arkansas, car accident cases may include:

  • Pain and suffering
  • Loss of enjoyment of life
  • Mental anguish
  • Emotional distress

Provide peace of mind

Dealing with the aftermath of a car accident can be overwhelming, especially when an uninsured motorist is involved. When you have a compassionate lawyer by your side, you can focus on your recovery and leave the legal aspects of your case to your lawyer. 

Choosing the Right Car Accident Lawyer in Benton, Arkansas

At Minton Law Firm, we understand that you have several law firms to choose from in the Benton area. 

Consider some of the benefits of choosing us to represent your case:

  • Experience: We have a proven track record of handling car accident cases, including those involving uninsured motorists
  • Knowledge of insurance companies: The founder of Minton Law Firm, Justin Minton, is a former insurance adjuster with first-hand knowledge of tactics insurance companies use to deny claims
  • Communication skills: Our law firm believes in open and honest communication with our clients, so we will keep you informed of the status of your case throughout the claims process
  • Client-centered approach: Our legal team is committed to caring for our clients and achieving the best possible outcome

Contact Our Benton, AR Car Accident Attorneys Today

Dealing with the aftermath of a car accident involving an uninsured driver can be daunting, but you don’t need to go through it alone. Our experienced car accident lawyers are here to help. 

Our law firm offers free initial case consultations. We will listen to your story and offer legal advice about your financial recovery options. 

Should you decide to hire us to represent you, we take all cases on contingency. Which means you pay no upfront costs or fees for our services.

If you need assistance filing an insurance claim or obtaining fair compensation after an auto accident with an uninsured driver, contact Minton Law Firm today. Complete the contact form or call us at 501-222-HURT to schedule a free consultation. 

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