Arkansas UM/UIM coverage: required at 25/50 minimum.
Authority: Ark. Code § 23-89-403. Stacking treatment: allowed. Personal-injury filing deadline still applies: 3 years from the date of injury.
Why UM/UIM coverage matters in Arkansas
Uninsured-motorist (UM) and underinsured-motorist (UIM) coverage is the most important coverage a Arkansas driver can carry , and the most overlooked. Roughly one in eight U.S. drivers is uninsured, and many more carry only state-minimum liability that runs out well before catastrophic medical bills are paid. UM/UIM is the policy your own insurer sells you to fill that gap.
UM coverage is mandatory in Arkansas. The statutory minimum is 25/50 per the requirements of Ark. Code § 23-89-403. Insurers must include the coverage in every policy issued or renewed in the state.
UIM coverage: when the at-fault driver has too little insurance
Underinsured-motorist (UIM) coverage activates when the at-fault driver has SOME insurance but not enough. Arkansas drivers carrying UIM at $300,000, hit by a driver with the $25,000 state-minimum policy, can collect the difference (up to UIM limits) from their own carrier after settling with the at-fault liability insurer.
Stacking UM/UIM limits in Arkansas
In Arkansas, UM stacking rules (allowed) determine whether a household with multiple insured vehicles can combine UM limits. Stacking can transform a $50,000 single-vehicle UM policy into a $200,000 four-vehicle policy on the same household , a critical question in serious-injury cases.
Common procedural pitfalls
Two recurring pitfalls in Arkansas UM/UIM claims: (1) failing to give the carrier prompt notice (every UM policy includes a notice condition; late notice can excuse coverage), and (2) settling with the at-fault liability carrier without first notifying the UM/UIM carrier (which can extinguish subrogation and trigger a coverage forfeiture).
Hit-and-run claims in Arkansas
Hit-and-run cases are a primary use of UM coverage in Arkansas. Where the at-fault driver flees and cannot be identified, the injured party's own UM coverage steps in , provided the policy's "phantom vehicle" requirements are met (typically physical contact between the vehicles or independent corroborating evidence).
The UM/UIM claim process in Arkansas
Arkansas claim procedure is deceptively simple on the surface: report the loss, get treated, demand compensation. In practice, every step contains decisions that affect the eventual recovery. Whether to give a recorded statement, which medical providers to use, when to submit the demand, how to value pain and suffering, when to file suit , each is a strategic decision rather than a routine clerical one. The carriers know this; the plaintiff usually does not.
Arkansas insurance carrier landscape for UM claims
The carriers operating in Arkansas apply different claim-handling protocols depending on the policy type, the insured's tenure, and the claim severity. Soft-tissue claims under $25,000 typically go to a fast-track adjuster; claims over that threshold and any with permanent-injury indicators move to a senior adjuster or a litigation-prep team. Knowing which adjuster handles which case type helps plaintiffs' lawyers route demands to the right person.
Evidence that wins Arkansas UM/UIM disputes
Evidence preservation matters even more in Arkansas than in other jurisdictions because of the state's civil procedure rules around spoliation. The first 30 days after the incident are decisive: medical records, photographs of injuries and the scene, witness contact information, and any video footage (residential doorbell cameras, retail security systems, dashcam) all need to be secured before they are overwritten or discarded. Arkansas courts can impose evidentiary sanctions on parties who lose control of relevant evidence after notice of a potential claim.
Real-world Arkansas UM/UIM case patterns
Pattern: a Arkansas pedestrian is struck in a crosswalk by a delivery van whose driver was looking at a phone. The defendant carries the minimum Arkansas liability policy of $25,000. The plaintiff's UM/UIM coverage on their own policy is $300,000 stacked across three vehicles. The eventual recovery in such cases typically maxes out the defendant's liability and then taps the plaintiff's UIM for the balance, with a coordinated release between the two carriers to avoid coverage disputes.
Mistakes that reduce Arkansas UM/UIM recovery
The most common mistakes Arkansas injury plaintiffs make are: (1) giving a recorded statement to the at-fault carrier without counsel, (2) signing medical authorizations that are broader than the case requires, (3) settling the property-damage claim and not realizing it can affect the bodily-injury claim, (4) waiting too long to seek treatment (creating "gap-in-treatment" arguments for the defense), and (5) posting about the incident or their injuries on social media. Each of these can substantially reduce settlement value.
Arkansas UM/UIM FAQ
Is UM coverage required in Arkansas?
Yes. Arkansas mandates UM coverage at a minimum of 25/50 under Ark. Code § 23-89-403.
What is the difference between UM and UIM in Arkansas?
UM (uninsured motorist) pays when the at-fault driver has NO insurance. UIM (underinsured motorist) pays when the at-fault driver has SOME insurance but their limits are inadequate to cover your damages. Arkansas policies typically bundle the two together, though limits and exclusions can differ.
Can I stack UM coverage in Arkansas?
Yes , Arkansas permits stacking of UM limits across multiple insured vehicles on the same policy or across multiple policies.
What if the at-fault driver fled the scene?
UM coverage on your own policy applies to hit-and-run / phantom-vehicle scenarios in Arkansas, typically subject to physical-contact or independent-corroboration requirements set by your policy.
Do I need to notify my insurer before settling with the at-fault driver?
Yes. Almost every Arkansas UM/UIM policy requires written notice and consent before settling with the at-fault liability carrier. Settling without consent can void UM/UIM coverage by extinguishing the carrier\'s subrogation rights.
How long do I have to file a UM/UIM claim in Arkansas?
The policy itself sets the notice deadline (often "as soon as practicable" or 30-180 days). The underlying personal-injury SOL is 3 years under Ark. Code § 16-56-105, and most courts treat UM claims as contractual , meaning the contractual limitations period in the policy may also apply.
Related Arkansas topics
Sources
- Arkansas UM/UIM statute: Ark. Code § 23-89-403.
- Auto-insurance framework: Ark. Code § 27-19-713.
- Personal-injury SOL: Ark. Code § 16-56-105.
- Industry data: Insurance Information Institute uninsured-driver statistics.
Last verified against primary sources on 2026-05-16.