You can challenge an unfair fault percentage in an Arkansas car accident claim by gathering evidence, reviewing the accident report, and questioning any decision that wrongly blames you for the crash. Photos, witness statements, video footage, and expert opinions may help show what actually happened. If an insurance company assigns you too much fault, you can present evidence supporting a different assessment and seek legal advice about your options.
The percentage of fault assigned to each driver can directly affect how much compensation an injured person may receive. Understanding modified comparative negligence is especially important in Arkansas because the state’s rules can prevent you from recovering damages if your share of fault reaches a certain level. Reviewing the evidence carefully can help you identify mistakes and challenge an unfair decision.
Understanding Arkansas’s Fault Rules
Arkansas follows a modified comparative fault system. Under Arkansas Code § 16-64-122, an injured person may recover damages if their fault is less than the fault of the person or parties they are claiming against. Their compensation is reduced according to their own percentage of fault.
For example, imagine your total damages are $100,000 and you are found 20% responsible for the accident. Your potential recovery would be reduced to $80,000. However, if your fault is equal to or greater than the fault of the person or parties you are claiming against, you may not recover damages under this rule.
Because the fault percentage can have a major financial impact, it is important to question an assessment that does not match the available evidence.
Reviewing the Police Report and Insurance Decision
Start by obtaining a copy of the police accident report and reviewing the insurance company’s explanation of fault. Check whether the report correctly describes the vehicles’ movements, traffic signals, road conditions, and statements from those involved.
A police report can provide useful information, but it does not always establish the final legal responsibility for an accident. If it contains incorrect details, gather evidence that explains what happened.
You should also ask the insurer why it assigned you a particular percentage of fault. Request an explanation of the evidence it relied on and identify any information it may have overlooked.
Gathering Evidence to Support Your Position
Strong evidence can help challenge an unfair fault assessment. Photographs of vehicle damage, skid marks, road signs, and the accident scene may show how the collision occurred. Dashcam recordings and nearby security camera footage can also provide a clearer view of the events leading up to the crash.
Witness statements may help confirm your account, especially when the other driver gives a different version of events. Medical records can document your injuries, while repair estimates may help explain the damage caused by the collision.
Keep copies of all relevant documents and avoid changing or editing original recordings. Share the evidence with your attorney or insurer so it can be reviewed properly.
Challenging the Fault Decision
If the insurance company refuses to reconsider its decision, you can submit a written dispute explaining why the percentage is incorrect. Include supporting evidence and point out specific errors in the insurer’s assessment.
An Arkansas car accident attorney can review the evidence, explain how comparative fault applies, and communicate with the insurer on your behalf. If the dispute cannot be resolved through negotiations, filing a lawsuit may be an option, depending on the circumstances.
Avoid accepting a settlement before you understand how the fault percentage affects your compensation. Once you accept an agreement, it may be difficult or impossible to seek additional payment for the same claim.
Protecting Your Car Accident Claim
Keep records of medical expenses, lost wages, repair costs, and conversations with the insurance company. Be careful when giving recorded statements, and avoid guessing about details you do not remember.
Arkansas generally has a three-year deadline for many personal injury lawsuits under Arkansas Code § 16-56-105. Exceptions may apply, so it is important to confirm the deadline for your situation and act promptly.
Key Takeaways
- Review the police report and the insurance company’s fault assessment carefully.
- Arkansas uses a modified comparative fault system that can limit or prevent recovery.
- Photos, video footage, witness statements, and other records may help challenge an unfair percentage.
- Ask the insurer to explain its decision and provide evidence supporting your position.
- Consider legal advice before accepting a settlement or allowing a filing deadline to pass.
