Being hit by an uninsured driver creates a challenging situation. You suffer injuries, face mounting medical bills, and deal with property damage. Then you discover the at-fault driver carries no insurance. This scenario happens more often than many realize. Injured victims wonder how they’ll recover compensation. At Odom Law Firm, our experienced car accident attorneys in Fayetteville have recovered millions for clients facing this exact situation. We’re ready to help you handle the claims process and secure the compensation you deserve.
Why Choose Odom Law Firm for Your Uninsured Driver Claim
If you were injured by an uninsured motorist, you need a law firm that understands both insurance law and the challenges uninsured accident victims face. Since 1982, Odom Law Firm has helped drivers in Fayetteville and throughout Arkansas recover fair compensation even when the other driver has no coverage. Here’s what sets our team apart:
- Decades of experience handling uninsured and underinsured motorist claims throughout Arkansas.
- Founding attorney’s background as an insurance adjuster provides valuable insight into how insurers evaluate and settle complex claims.
- National co-counsel network for multi-state and disputed insurance cases.
- Contingency-based representation—clients pay nothing unless we recover compensation.
- Availability for updates, answers, and support every step of the way.
- Commitment to thorough investigation, strategic negotiation, and maximizing every recovery.
Let Odom Law Firm help you get answers and compensation after an uninsured driver accident.
What Happens When You’re Hit by an Uninsured Driver in Arkansas
When an uninsured driver causes an accident, the legal situation changes significantly. Unlike accidents involving insured drivers, you cannot file a claim directly against the at-fault driver’s liability insurance. None exists. This creates a significant obstacle to recovery. However, Arkansas law provides a solution through uninsured motorist coverage.
In Fayetteville alone, over 3,000 crashes occur annually. Many involve drivers without adequate insurance coverage. When an uninsured driver injures you, you face two primary challenges. First, you must identify a source of compensation. Second, you must handle a more complex claims process than standard accident cases. If you’ve been injured in a car accident, understanding your legal options is critical.
The good news is clear. Arkansas law requires insurance companies to offer uninsured motorist (UM) coverage to all policyholders. This coverage exists specifically to protect you when the at-fault driver carries no insurance. Rather than leaving you without recourse, UM coverage steps in to compensate you for your injuries and damages.
Immediate steps to take after an uninsured driver accident:
- Seek medical attention immediately, even if injuries seem minor
- Call the police and request an accident report
- Document the scene with photos and video
- Collect witness contact information
- Avoid discussing fault or details with the other driver
- Notify your insurance company promptly
- Consult with an attorney before speaking with insurance adjusters
Understanding Uninsured Motorist Coverage in Arkansas
Uninsured motorist (UM) coverage is a critical protection that many drivers overlook until they need it. This coverage compensates you for injuries and damages when the at-fault driver has no insurance. Arkansas law makes UM coverage mandatory for insurers to offer. Policyholders can decline it in writing.
UM coverage differs fundamentally from standard liability insurance claims. With a liability claim, you pursue compensation from the at-fault driver’s insurance company. With a UM claim, you file against your own insurance policy. This distinction matters because you work with your own insurer rather than an adversarial third party. Insurance companies still defend their interests aggressively.
Your UM coverage limits determine the maximum compensation available. If your policy includes $100,000 in UM coverage and your damages total $150,000, your recovery is capped at $100,000. This is why reviewing your coverage limits matters. Many Arkansans carry insufficient UM limits. They remain underprotected.
Arkansas follows a modified comparative negligence rule. You can recover compensation even if you’re partially at fault for the accident, as long as you are less than 50% responsible. However, your recovery is reduced by your percentage of fault. For example, if you are 20% at fault, you would recover 80% of your total damages.
The UM claims process typically involves notifying your insurer. You provide documentation of the accident and injuries. Then you negotiate a settlement. Many cases settle without litigation. Some require filing a lawsuit to reach a fair resolution.
How Odom Law Firm Handles Uninsured Driver Claims
Odom Law Firm has handled uninsured motorist claims for 43 years. We recently secured a $1 million settlement in an underinsured motorist case. Our team understands the tactics insurance companies use to minimize payouts. We know how to counter them effectively. This demonstrates our ability to recover substantial compensation even in complex scenarios.
Our founder’s background as a former insurance adjuster provides important insight. This experience shows us how insurance companies evaluate claims. We understand what documentation they prioritize. We know where they typically look to reduce payouts. We use this knowledge to build stronger cases and negotiate better settlements for our clients.
Our approach to uninsured driver claims involves a thorough investigation from day one. We gather police reports, medical records, witness statements, and accident scene evidence. We document your injuries comprehensively. We work with medical professionals to establish the full extent of your damages. This detailed foundation strengthens your negotiating position significantly.
When negotiating with your insurance company, we handle all communication. Insurance adjusters often pressure unrepresented claimants to accept inadequate settlements quickly. We push back professionally but firmly. We demand fair compensation based on your actual damages. If your insurer refuses reasonable settlement offers, we’re prepared to file a lawsuit and take your case to trial.
We handle all uninsured driver claims on a contingency fee basis. You pay nothing upfront. We only recover a fee if we secure compensation for you. This arrangement aligns our interests with yours. We succeed when you succeed. We’re also available 24/7 to answer your questions and provide updates on your case.
Common Injuries and Damages in Uninsured Driver Accidents
Uninsured driver accidents often result in serious injuries. These collisions frequently involve reckless or negligent drivers. Common injuries we see include whiplash, broken bones, traumatic brain injuries (TBI), spinal cord injuries, and internal injuries. Some victims suffer permanent disabilities. These disabilities affect their ability to work and enjoy life.
Damages in uninsured driver cases fall into two categories: economic and non-economic. Economic damages include quantifiable financial losses. These include medical expenses, lost wages, rehabilitation costs, and property damage. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and permanent scarring or disfigurement.
Calculating damages requires careful documentation. Medical bills provide clear evidence of economic damages. Future medical care must be projected based on medical expert testimony. Lost wages include both past income lost during recovery and future earning capacity. Injuries may prevent you from returning to your previous work.
Non-economic damages are more subjective but equally important. A jury considers factors like injury severity, recovery timeline, permanent effects, and impact on daily life. Severe injuries with lasting consequences command higher pain and suffering awards than minor injuries with full recovery.
Types of compensation available in uninsured driver claims:
- Medical expenses (past and future)
- Lost income and lost earning capacity
- Property damage repair or replacement
- Pain and suffering
- Emotional distress and mental anguish
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Rehabilitation and therapy costs
Your Legal Options After an Uninsured Driver Accident
Your primary legal option after an uninsured driver accident is filing a UM claim against your own insurance policy. This is typically the fastest and most straightforward path to compensation. Your insurer has a duty to handle your claim fairly and in good faith. They still evaluate claims carefully to protect their interests.
If the uninsured driver is identified and has personal assets, you can pursue a personal injury lawsuit against them directly. However, this option has practical limitations. Many uninsured drivers lack significant assets. Judgment collection becomes difficult. Additionally, pursuing a lawsuit against an individual is more time-consuming and expensive than filing a UM claim.
Hit-and-run scenarios present special considerations. If the uninsured driver flees the scene, you may still recover through your UM coverage. You must have uninsured motorist coverage that includes hit-and-run protection. Arkansas law requires police reports documenting the hit-and-run. You must demonstrate that you exercised reasonable care to identify the fleeing driver. Note: Arkansas courts require physical contact between vehicles in hit-and-run UM claims.
Arkansas’s modified comparative negligence rule affects your recovery options. If you’re found more than 50% at fault, you cannot recover any compensation. If you’re 50% or less at fault, you recover your proportionate share. This is why legal representation matters. Insurance companies often overstate your fault percentage to reduce their liability.
The statute of limitations for uninsured driver claims in Arkansas is three years from the accident date. This deadline is firm. Missing it eliminates your right to pursue compensation entirely. We recommend consulting an attorney well before this deadline to protect your rights.
Frequently Asked Questions About Uninsured Driver Claims
What should I do immediately after being hit by an uninsured driver?
Your first priority is medical care. Seek treatment immediately, even if you feel fine. Some injuries develop over hours or days. Call police and request an accident report. This documents the incident officially. Take photos and video of the accident scene, vehicle damage, and any visible injuries. Collect contact information from witnesses who saw the accident. Avoid discussing fault or accepting blame with the other driver. Notify your insurance company promptly. Don’t provide detailed statements without consulting an attorney first. Finally, contact an experienced personal injury attorney to protect your rights and guide the claims process.
How much is my uninsured driver claim worth?
Your claim’s value depends on several factors: injury severity, medical expenses, lost wages, property damage, and pain and suffering. Minor injuries with full recovery typically result in lower-range settlements, while moderate injuries with some lasting effects fall into a mid-range. Severe injuries with permanent consequences can lead to significantly higher compensation. Your uninsured motorist (UM) coverage limits also cap how much you can recover. For example, if your policy limit is lower than your total damages, you can recover only up to that limit. Thorough documentation of all damages strengthens your claim. We evaluate each case individually based on the specific circumstances and evidence.
Can I still recover if the uninsured driver is never found?
Yes, if you have uninsured motorist coverage that includes hit-and-run protection. Arkansas law allows recovery in hit-and-run cases through UM coverage. You must meet specific requirements. You must file a police report documenting the hit-and-run incident. You must demonstrate you exercised reasonable care to identify the fleeing driver. Witness testimony becomes crucial in hit-and-run cases. Your insurance company will investigate thoroughly before approving a hit-and-run claim. An attorney can help you handle these requirements and build a strong case.
How long does an uninsured motorist claim take?
Timeline varies based on case complexity. Simple cases with clear liability and minor injuries may settle within 3-6 months. More complex cases involving serious injuries, disputed liability, or significant damages typically take 6-12 months. If litigation becomes necessary, cases may take 1-2 years or longer. Factors affecting timeline include medical treatment completion, insurance company responsiveness, and whether the case settles or goes to trial. We keep clients informed throughout the process and work efficiently to resolve claims as quickly as possible while maximizing compensation.
Will my insurance rates increase if I file a UM claim?
Filing a UM claim may or may not affect your rates. This depends on your insurance company’s policies and underwriting criteria. While you are not at fault, some insurers may consider UM claims when determining future premiums. Review your policy or contact your insurer to understand potential rate implications before filing a claim.
What if I'm partially at fault for the accident?
Arkansas’s modified comparative negligence rule allows recovery even if you are partially at fault. You can recover compensation as long as you are less than 50% at fault, though your recovery is reduced by your percentage of fault. For example, if you are 25% at fault, you would recover 75% of your total damages. Insurance companies often overstate claimants’ fault to reduce payouts, making legal representation critical. We investigate thoroughly to establish accurate fault percentages and protect your recovery rights. Even if you believe you share some responsibility, consult an attorney before accepting any settlement offer.
Contact Our Fayetteville Uninsured Driver Lawyers
Don’t let an uninsured driver leave you with the burden of medical bills and repair costs. Contact Odom Law Firm, your trusted uninsured driver lawyers in Fayetteville, to get the compensation you deserve. Call us today for a free consultation at 479-442-7575. Our experienced legal team is ready to fight for your rights and help you recover every dollar you’re owed.
