What Happens if the At-Fault Driver Has No Insurance or Minimum Coverage?

Q: What happens if the at-fault driver has no insurance or minimum coverage in Arkansas?

When an at-fault driver carries only Arkansas minimum liability limits ($25,000/$50,000/$25,000) or has no coverage at all, you must file a claim under your own policy's Uninsured (UM) or Underinsured Motorist (UIM) coverage (Ark. Code Ann. § 23-89-209) to recover your remaining medical bills, lost wages, and pain.

The Brad Hendricks Law Firm

10 minutes ago

1 min read

If the at-fault driver is uninsured or carries minimum liability limits, you must turn to your own auto insurance policy's Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage to pay for your outstanding medical bills and damages.

Ark. Code Ann. § 27-19-605 and § 27-22-104 establish Arkansas's minimum mandatory liability coverage limits:

$25,000 for bodily injury or death of one person per accident
$50,000 for total bodily injury or death per accident across all persons
$25,000 for property damage

Emergency surgeries, hospital stays, and commercial truck collisions easily exceed a $25,000 policy limit. In these cases, UIM coverage covers the monetary difference between the at-fault party's exhausted policy and your actual total damages. Under Ark. Code Ann. § 23-89-209, insurers in Arkansas must offer UM/UIM coverage on every motor vehicle liability policy unless rejected in writing by the policyholder. Talk to a Car Wreck Lawyer at The Brad Hendricks Law Firm before you accept any settlement from an insurance company.