Many of our clients ask us what happens when I'm hit by a driver that does not have insurance? When this occurs in Arkansas you can bring an uninsured motorist claim, Bautista LeRoy LLC is here to help in Bentonville, Arkansas. 

In order bring a claim the injured motorist must prove four elements to make a successful uninsured motor motorist benefit claim.

1. The plaintiff must be a person insured under the policy providing uninsured motorist coverage set. 
2. The plaintiff must be legally entitled to recover damages from the owner or operator of an uninsured motorist vehicle.
3. Both the driver and the vehicle involved in the incident must be uninsured. 
   The plaintiff must have suffered bodily injury or death due to the fault of the uninsured driver.
4. The plaintiff must have suffered bodily injury or death due to the fault of the uninsured driver.

An injured party should note that Arkansas courts have consistently placed the burden of proof on the plaintiff or injured party to establish these elements in order to make a uninsured claim.

Looking at these five elements more closely it's easy to see why most drivers get confused as to when their injuries may qualify for an uninsured motorist claim. 

To meet the  first element establishing the person is an insured under the policy, this typically includes the name insured, family members residing in the same household, and passengers in the insured vehicle.

The second element in order to establish that the insured is entitled to recover, the Arkansas Supreme Court has held that the requirement is met when an uninsured motorist is able to show fault on part of the uninsured motorist. The elements require the plaintiff to establish traditional tort liability against an uninsured motorist including negligence, proximate cause and damages. 

Additionally the insured must also prove that the driver and the vehicle involved in the accident were uninsured. This means that if the driver was uninsured you must go the extra step to show that the vehicle was also uninsured meaning that it wasn't owned by somebody else who had insurance. The Arkansas Court of Appeals reaffirmed this principle in Konecny v. Federated Rural Electric Insurance Exchange, holding that when a plaintiff seeking uninsured-motorist benefits fails to present evidence that the other vehicle is uninsured, summary judgment in favor of the insurance company is proper Konecny v. Federated Rural Electric Insurance Exchange, 2019 Ark. App. 452 (2019). 

Finally to prove fourth element that your injuries qualify for an uninsured claim this is generally pretty straightforward and requires medical documentation and evidence linking the injuries to the motor vehicle accident.

Along proving these four elements, these is a fifth element that must be met in you were involved in a hit and run wreck in Arkansas. Many insurance policies contain provisions requiring physical contact for hit-and-run claims, and Arkansas courts have generally upheld these requirements. In State Farm Mutual Auto. Ins. Co. v. Henderson, the Arkansas Supreme Court found that policy requirements of physical contact for unknown drivers do not violate public policy because the insurer exceeds statutory requirements by waiving the plaintiff's burden to prove uninsured status when there is physical contact State Farm Mut. Auto. Ins. Co. v. Henderson, 356 Ark. 335 (2004).

The Arkansas Court of Appeals reinforced this principle in Konecny, holding that such contact requirements are not inconsistent with the uninsured-motorist statute's public policy of protecting drivers injured by financially irresponsible drivers Konecny v. Federated Rural Electric Insurance Exchange, 2019 Ark. App. 452 (2019).

Our clients also ask, does everyone have uninsured motorist coverage insurance? Generally, yes! Arkansas Code 27-19-605 mandates that an insurance company must provide minimum uninsured coverage of no less than $25,000.00. But the statute also allows any insured named in the policy to reject the coverage in writing with such rejection continuing until it is withdrawn in writing by the insured. Unless you have rejected uninsured motorist coverage, you most likely have at least $25,000.00 under your policy.

Being involved in a car wreck is frustrating, it can be even more maddening when you discover that the at fault driver how hit you, does not have insurance. That is why we are here to help at Bautista LeRoy LLC, give us a call for a free consultation at 479-208-6614. We want to make sure you able to receive every insurance benefit you have paid for including uninsured motorist coverage.

The author, Andrew LeRoy, is a partner at Bautista LeRoy LLC.  Should you have any questions or wish to discuss the article, our attorneys can be reached at www.bautistaleroy-bentonville.com or 479-208-6614.