Posted on Wednesday, July 1st, 2026 at 9:00 am
If you’re in a car accident with a driver who lacks adequate insurance, you could face serious financial hardship. Uninsured and underinsured motorist coverage protects you when the at-fault driver has no liability insurance or insufficient coverage limits. In Arkansas, this type of coverage is optional, but it’s critical protection that many drivers overlook. McCutchen Napurano helps Fort Smith residents understand their options and recover the damages they deserve when they’re hit by uninsured or underinsured drivers.
What Is Uninsured and Underinsured Motorist Coverage?
Uninsured motorist (UM) coverage applies when the at-fault driver has no liability insurance. It also covers hit-and-run drivers who flee the scene. Underinsured motorist (UIM) coverage applies when the at-fault driver’s liability limits are insufficient to cover your damages. These are two separate protections that work together to fill the gap when the other driver’s insurance won’t cover your losses.
Arkansas law recognizes two types of motorist coverage: uninsured motorist bodily injury (UMBI) and uninsured motorist property damage (UMPD). UMBI covers medical expenses, lost wages, pain and suffering, and other injury-related costs. UMPD covers damage to your vehicle and personal property. Insurance companies must offer these coverages. You can decline them in writing.
The damages you can recover under UM/UIM coverage include:
- Medical bills, lost wages, pain and suffering, and funeral expenses in fatal cases (covered under UMBI/UIM bodily injury coverage).
- Property damage (covered under separate UMPD coverage).
Why Choose McCutchen Napurano for Your UM/UIM Claim
When you file a UM/UIM claim, you’re essentially pursuing compensation through your own insurance policy when the at-fault driver lacks sufficient coverage. This process requires knowledge of Arkansas insurance law and court procedures. McCutchen Napurano brings years of experience handling injury claims throughout Arkansas. The firm understands how insurance companies evaluate claims and what evidence may strengthen a case.
The firm works on a contingency fee basis, which means you pay nothing upfront. Fees are collected only if there is a recovery through a settlement or verdict. If an insurance company denies a claim unfairly, the firm may pursue litigation to protect a client’s rights. As a Fort Smith firm, it serves the local community and surrounding areas with proven results and client testimonials.
Arkansas UM/UIM Coverage Requirements and Your Options
Uninsured and underinsured motorist coverage is optional in Arkansas—it is not mandatory like liability insurance. However, insurance companies must offer this coverage to drivers. If you choose not to purchase it, you must sign a written rejection form. Some drivers decline this coverage to reduce premiums, but that choice can create added financial risk after a crash with an uninsured driver.
Medical bills, lost wages, and pain and suffering damages can quickly exceed standard coverage limits. It may be worth discussing higher coverage limits with your insurance agent so you can assess what level of protection fits your situation. Consider coverage limits of at least $100,000 per person for additional protection in serious accidents. For guidance on car accident claims, consult with an experienced Fort Smith attorney.
How UM/UIM Claims Work in Arkansas
Filing a UM/UIM claim involves several steps. First, you report the accident to your insurance company as soon as possible. Next, you provide documentation including the police report, medical records, photos of vehicle damage, and proof of lost wages. Your insurance company then investigates the claim to determine whether the other driver was uninsured or underinsured.
After the investigation, your insurance company may approve the claim and make a settlement offer, or it may deny the claim. If you disagree with the decision or believe the offer is too low, you may negotiate further or pursue litigation. McCutchen Napurano handles negotiations and disputes with insurance companies on your behalf, working to protect your rights throughout the process. The firm’s approach to handling cases ensures thorough investigation and aggressive representation.
Common Scenarios Where UM/UIM Coverage Protects You
UM/UIM coverage applies in several common situations. Hit-and-run accidents occur when a driver causes a collision and flees the scene. In these cases, you often have no way to recover from the at-fault driver’s insurance, so your UM coverage may apply instead. Coverage may also apply when an uninsured driver causes a collision or when the at-fault driver’s policy limits are too low to cover the full extent of the losses.
These situations are more common than many drivers realize. That means there is a meaningful risk of being involved in a crash with a driver who does not have adequate insurance coverage. Learn more about what to do after an auto accident to protect your claim and preserve evidence.
Frequently Asked Questions About UM/UIM Coverage
Is uninsured motorist coverage required in Arkansas?
No, it is optional. However, insurance companies must offer it, and you must decline it in writing. Many drivers do not realize they declined this coverage until they need it after an accident. According to the Arkansas Insurance Department, drivers should carefully review their coverage options. The National Association of Insurance Commissioners also provides guidance on understanding motorist coverage requirements.
What’s the difference between UM and UIM coverage?
UM applies when the at-fault driver has no insurance. UIM applies when the at-fault driver’s insurance limits are insufficient to cover your damages. Both coverages can protect you, but they apply in different situations. Understanding these distinctions is crucial when evaluating your insurance claims options. For more information on how insurance claims work, speak with an experienced attorney.
What damages can I recover under UM/UIM coverage?
Medical expenses, lost wages, pain and suffering, and in fatal cases, funeral expenses may be covered under bodily injury coverage. Property damage may be covered under separate UMPD coverage. The amount available depends on the severity of the injuries and the coverage limits in the policy. For details on lost wages recovery and pain and suffering damages, consult with an attorney.
Get Help with Your UM/UIM Claim Today
If you’ve been hit by an uninsured or underinsured driver, you do not have to handle the claims process on your own. McCutchen Napurano offers free consultations to discuss your case. The firm works on contingency, meaning you pay nothing upfront. The team serves Fort Smith and surrounding areas and is prepared to advocate for your rights and pursue compensation available under the law and your policy.
Contact (479) 783-0036 today to schedule your free consultation.
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