Hurt in a Wreck in Arkansas? Who Pays First, and What "Rejected in Writing" Means

Quick answer: There is no single answer to who pays first after a car wreck in Arkansas. It depends on your policy and the facts of the crash. A good first place to look is your own auto policy, because Arkansas insurers must offer no-fault medical benefits, and a named insured can reject them in writing. A 2011 Arkansas Supreme Court opinion describes $5,000 as the minimum amount of that coverage. That opinion cites the 2004 version of the code, so treat it as background and confirm your current coverage with your policy or your agent.

What does no-fault medical coverage mean in Arkansas?

In Barwick v. GEICO, the Arkansas Supreme Court called it “no-fault coverage that is mandated by the General Assembly to be offered to prospective insureds.” In plain terms, the insurer has to offer it to you when you buy an auto policy.

As the court summarized the statute at the time, the coverage pays medical and hospital benefits to the named insured for reasonable and necessary expenses within 24 months after the accident, up to $5,000 per person. Keep three things in mind:

• The summary comes from a 2011 opinion that cites the 2004 code. The law or your policy may read differently today.
• The court calls $5,000 a minimum. Your policy may show a different amount.
• Your policy’s own wording is what you will be working with, so read it instead of relying on an article, including this one.

What does “rejected in writing” mean?

The same law gives the named insured “the right to reject in writing” this coverage. That sounds like signing a form at an agent’s desk. The Barwick case shows it can take much less.

In that case, a policy was bought online in 2009. The online form showed medical benefits and medical-payments coverage rejected, with an electronic signature. In January 2010, a vehicle struck a named insured on the policy, who had $6,284 in medical expenses and sued for $5,000 in benefits. GEICO denied the claim because the coverage had been rejected. The court sided with GEICO and held that the electronic record of the rejection “qualifies as a written rejection of benefits.”

The lesson is practical. If your policy was bought online, a choice made during the application can count as rejecting this coverage. In that case, the choice was made by someone other than the injured person.

How do I check what my policy covers?

You don’t have to wait for an adjuster to call you. Start with these:

What to check	Where to look	Why it matters
Medical benefits	Your policy’s declarations page	Shows whether this coverage is on your policy, and the amount
Medical-payments coverage	The same page	The form in Barwick listed it separately from medical benefits
A rejection	Your application or option form	In Barwick it was an “Arkansas Information and Option Form” filled out online
Named insureds	The front of your policy	The benefits and the right to reject are written around the named insured
Your health plan	Your insurance card	Ask how your plan handles injuries from a wreck
The other driver’s insurer	The details you exchanged at the scene	Liability insurance is a separate track from your own medical benefits

Then ask your agent four questions, and write down the answers:

• Do I have medical benefits on this policy, and how much?
• Did anyone on the policy reject them? Can I have a copy of that form?
• Is there a deadline for sending in bills?
• Do I need to do anything else right now?

What about the other driver’s insurance?

A claim against the other driver’s liability insurance is a different track from your own medical benefits. The Arkansas Department of Finance and Administration asks drivers to show financial responsibility after an accident, and proof of liability insurance is one way to do that. It also warns that a judgment can still be possible even if no ticket was issued.

Who ends up paying, and when, can depend on fault, coverage and how the claim goes. We can’t predict that, and this article isn’t legal advice. If your case gets complicated, talk with an attorney. Our office can help you connect with a qualified attorney if you need one.

What should I do in the first days after a wreck?

1. Get emergency care if you need it. MedlinePlus says to call 911 for a head injury with passing out, fainting or confusion, or a neck or spine injury with loss of feeling or inability to move.
2. Get checked. Read about whiplash and neck pain after a crash and when to get back pain checked.
3. File your accident report. Arkansas has its own form, the SR-1, due within 30 days.
4. Call your insurer and ask the questions above.
5. Keep one folder. Bills, records, photos, claim numbers and every letter you get.
6. Write down what changed. Days of work you missed and things you can’t do at home.

How does our office handle car wreck cases?

We take auto insurance for car accident cases and provide thorough medical documentation for auto insurance or personal injury claims. Dr. Luke is a Certified Personal Injury Examiner. He documents the mechanism of injury, detailed findings, functional impairments and your response to care, and patients get guidance through the insurance process. See how car wreck and whiplash care works here.

“We refer our clients there because we can trust they will receive the proper treatment. And the documentation is always excellent,” wrote Kevin Lemley in a Google review. Your insurer still decides what your policy covers. We can’t decide that for you, but we can help you find out before you commit to care.

What if my auto policy has no medical coverage?

You still have options to talk through with us. The office takes workers’ comp, Medicare, Arkansas Medicaid, Arkansas Blue Cross Blue Shield, Aetna, Cigna, UnitedHealthcare, Ambetter, QualChoice and VA Community Care Network. Cash and wellness plans are available, along with discounts and payment plans for self-pay patients. Call to verify your plan before your visit.

Why see Dr. Luke after a wreck in Cabot?

The office offers same-day appointments, including a same-day new patient consultation with no obligation, so you can find out where you stand before you decide anything. Read what patients say in their reviews, get hours and directions for the Cabot office, or call or text (501) 605-6660. You can also contact the office.