See the steps you need to take after an Arkansas car accident to protect your interests. A successful injury claim starts at the scene.

There are more than 82,000 crashes on Arkansas roadways every year, with more than 20,000 injuries and 600 fatalities.¹ Here’s how you can protect your safety and preserve your right to compensation after an Arkansas car accident.

1. Remain At the Accident Scene

Arkansas drivers are required to stop and remain at the scene of a motor vehicle accident with injuries or fatalities. Drivers must remain at the scene, or as close as safely possible, for accidents that occur anywhere in the state, even in private parking areas.

Hitting Parked and Unattended Vehicles

When you hit an unattended vehicle, you are obligated to stop and try to find the owner to share your name and address. If the owner can’t be located, leave a note in a conspicuous place with your contact information and an explanation of what happened.

2. Help and Report: Call 911

Drivers are obligated to notify police of any accident involving injuries, death, or property damage over $1,000. Everyone involved in the crash must make themselves available to the investigating police officer.

Render Aid to the Injured

Drivers are obligated to render reasonable aid to the injured, including arranging transportation to get the injured person to a medical facility. Calling 911 to report the crash and ask for an ambulance will satisfy your “report and transport” obligation.

Drivers, if they are able, must also try to help the injured until help arrives.

Good Samaritan Laws

You can’t be sued for providing reasonable assistance and first-aid to a person injured in a motor vehicle crash. Arkansas has “Good Samaritan” laws protecting professionals and laypeople who provide emergency care at an accident scene.

3. Seek Prompt Medical Treatment

A medical evaluation is critical to your health after a motor vehicle crash and is essential for a successful injury claim.

Never refuse or delay medical attention after a car accident. It’s a bad idea to wait and see how you feel in a day or two. You could have serious injuries that are masked by the shock and adrenaline surge that is common after a crash.

Delaying medical care after an accident also gives the at-fault driver’s insurance company a good reason to fight your claim. The adjuster can argue that you must not have been hurt that bad or say your injuries were not caused by the accident.

Let paramedics evaluate you at the crash site. If you aren’t taken directly to the hospital emergency room from the scene, have someone take you to your primary care provider or urgent care the same day.

Tell your medical provider how and when you were injured. Be sure to disclose every ache, pain, bump and scrape. You are entitled to seek insurance compensation for all your injuries, not just the most painful or urgent injury.

For full compensation, all your injuries must be linked to the accident, so tell your medical provider about all your injuries and symptoms, not just the most urgent or painful injury. Having each injury listed in your medical records on the day of the crash is compelling evidence that your injuries were caused by the accident.

4. Start Collecting Evidence

In fault states like Arkansas, the at-fault driver’s insurance company won’t pay your claim without evidence of their insured’s fault for the accident. The burden is on the claimant (you) to prove the other driver did something wrong and caused the accident. You’ll also need evidence to prove you were injured in the collision.

Types of Car Accident Evidence:

• If possible, take photographs and video of the scene. But don’t aggravate your injuries or risk your safety by trying to get pictures. If you can, try to get pictures from different angles, like close-ups of the damage to each vehicle, debris in the road, and the positions of the cars after the crash.
• Gather the names and contact information of any witnesses who may be willing to help. Witnesses are not obligated to cooperate or share information with you.
• The police crash report will help prove the other driver’s fault, especially if they were cited for a traffic violation.
• During your recovery, collect copies of your medical records and receipts for accident-related expenses.
• An injury diary can help justify your non-economic damages with detailed notes about your pain levels and other ways the crash has impacted your activities of daily living.

Requesting the Crash Report

Arkansas State Police maintain a repository of all crash reports for the State of Arkansas. Report copies may be ordered online for a small fee. Reports are usually available ten business days after the crash occurred.

Mail your request to:

Arkansas State Police
Attn: Crash Records Section
One State Police Plaza Drive
Little Rock, Arkansas 72209

5. Notify Your Auto Insurance Company

Your auto policy is a contract between you and the insurance carrier. Every personal auto policy has a clause requiring the policyholder to notify the company after an accident, even when the accident wasn’t your fault.

If you have a policy with optional MedPay or Collision coverage, you can elect to use those coverages until your claim settles with the other driver’s insurance. If you were the victim of a hit-and-run, or severely injured, you might need to file a claim under your own uninsured or underinsured motorist coverage.

The insurance company has a duty to defend you if you are sued by someone else injured in the accident. You risk losing that protection if you violate your policy’s notification clause. Notify your insurer before they get a call from the other person’s lawyer.

6. Notify the At-Fault Driver’s Insurance Company

You or your attorney will notify the at-fault driver’s insurance company of your intent to file an injury claim. You don’t need to wait until you’re fully recovered to inform the other driver’s carrier.

Because injury claims are handled at the policy level, you’ll need to notify the company of your intent to file an injury claim against the at-fault driver’s policy, even if the same company insures you both.

The insurance company will typically respond with a Reservation of Rights letter that is intended to acknowledge your claim and let you know that although they are investigating your claim, they make no promise to pay for your damages. You’ll be given a claim number and contact information for an insurance adjuster.

If you are handling your own claim, the adjuster might call and ask you to give a recorded statement. Watch out. Adjusters are experts at getting you to say things that can hurt your claim. You are never required to give a recorded statement without an attorney present.

When you are represented by an attorney, the adjuster has to communicate with your attorney, and will no longer be allowed to contact you directly.

Arkansas Minimum Auto Insurance Limits

Arkansas drivers are required to carry an auto insurance policy with a minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, and $25,000 for property damage.

7. Consult a Car Accident Attorney

If you have fully recovered from minor injuries, you may decide to handle your own claim. you can probably settle your claim for the cost of your medical bills, a day or two of lost wages, and a small amount added to compensate for your inconvenience.

Severe injuries and complicated car accident claims should be handled by an experienced personal injury attorney. The attorney will pursue all available compensation for victims and their loved ones.

Complicated injury claims include:

• Accusations of shared fault
• Multi-vehicle accidents
• Injuries to a minor child
• Wrongful death cases

Most injury law firms offer a free case evaluation to car accident victims. Personal injury attorneys work on a contingency fee basis, meaning they only get paid if they settle your claim or win your case in court.