Arkansas Hit-and-Run
A hit-and-run is a crime with serious penalties in Arkansas. You could face fines of up to $10,000 or jail time if you leave the scene of an accident.
Written by Mary Cahill
Reviewed by Jessica Barrett
A hit-and-run is a crime with serious penalties in
Arkansas
. You could face fines of up to $10,000 or even serve jail time if you leave the scene of an accident.If you were involved in an accident and the other vehicle evades the scene, you should attempt to identify the car and report the crime to the police.
It’s illegal in all 50 states to leave the scene of a car accident—regardless of the severity or who is at fault. In the event of a collision, you must exchange your personal and car insurance information with the other driver. If you have collision or uninsured motorist coverage, you should also file an insurance claim.
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What is a hit-and-run?
A hit-and-run is a traffic accident where a driver either fails to stop or leaves before giving any of their personal or insurance information to the other driver. No matter the circumstances, if you are involved in a
car accident
, you must stop. You can be charged with a hit-and-run even if the collision was caused by the other driver. Any time your car makes contact with another vehicle, cyclist, pedestrian, or property, you are legally obligated to pull over immediately (if your car is not disabled in the crash) and provide your information so that the other party can
file an insurance claim
. What happens if you commit a hit-and-run in Arkansas?
Again, if you get into an accident, do not leave the scene—even if you aren’t at fault. Accidents are totally nerve-racking but it’s important not to panic. You’ll only make the situation worse if you flee without providing your personal and insurance information.
Is a hit-and-run a felony in Arkansas?
In the state of Arkansas, a hit-and-run will be classified as either a felony or a misdemeanor depending on the circumstances.
A hit-and-run incident where no one suffers any injury and the total property damage is less than $10,000 qualifies as a misdemeanor. On the other hand, a hit-and-run in which a person is injured or killed is considered a Class D felony.
It’s possible to be charged for felony hit-and-run even if the injuries are minor or the accident wasn’t your fault. At the same time, there are certain cases where it’s possible to have a felony hit-and-run charge reduced to a misdemeanor.
What is the punishment for a hit-and-run in Arkansas?
The consequence of a hit-and-run conviction in Arkansas will depend on how serious the injuries or property damage caused by the accident are. Be advised—in either scenario, you will more than likely have your license temporarily revoked.
For example, if you commit a hit-and-run that results in only property damage, you may not face jail time but you’ll be looking at a $1,000 fine. If your hit-and-run inflicts bodily injury or the death of another person, you could be sentenced to prison for up to 6 years and be fined up to $10,000.
Let’s take a look at the breakdown of the possible punishments for a hit-and-run in Arkansas:
Result of accident | Category | Consequences |
|---|---|---|
Property damage totaling less than $10,000 | Class A misdemeanor | $1,000 fine, license revocation |
Bodily injury or death | Class D felony | Up to six years in jail, license revocation, fine of up to $10,000 |
Keep in mind, the fines and potential for serving prison time exponentially increase if you commit a hit-and-run while also:
- Having an active warrant out for your arrest
- Illegally possessing a firearm
- Driving a stolen vehicle
- Driving a vehicle that is uninsured and/or unregistered
How to avoid a hit-and-run charge
According to
Arkansas Code Section 27-53-103
, “the driver of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by another person or to the personal property of another person shall immediately stop the vehicle at the scene of the accident or as close to the accident as possible, and shall immediately return to and remain at the scene of the accident.”Once you have stopped your vehicle you must then:
- Locate and notify the owner of the property
- Provide your license andvehicle registrationto the owner, as well as your current address if it’s different than what is shown on your license
- If the owner cannot be found, leave a clearly visible note on or near the property that includes your name, address, and a brief explanation of the circumstances
- Report the accident to the police right away
Failure to carry out any of the above actions following a collision could be grounds for a hit-and-run charge. If you left the scene of the accident in order to seek help—like driving to another area in order to get a cell phone signal—be prepared to show substantial evidence to law enforcement that you called 911.
MORE: Everything you need to know about hit and run insurance claims
What should I do if I experience a hit-and-run in Arkansas?
If you’re the victim of a hit-and-run in Arkansas, the first thing to remember is to stay calm and gather as much information as you can. Then, promptly report the crime to the police.
At the scene
It is not safe to attempt to follow the car. Instead, you’ll first want to make sure that no one in your car—including yourself—has been injured. If necessary, move your car to a safer location on the road.
Try to make a mental note of any details of the evading vehicle before you lose sight of it. That way, when you call 911 to summon the police to the site of the accident and get necessary medical attention, you can provide the officers with this descriptive information.
While on the scene, you may be asked by law enforcement for the following information:
- The circumstances of the crash
- The evading driver’s physical appearance
- The direction the car was headed as it left the scene
- Any identifying marks unique to the vehicle (such as dents, modifications, or bumper stickers)
Talk to other witnesses. Those who may have seen the accident could be very helpful in providing additional information you may have missed.
Document the damage. Take photos of any damage to your vehicle in the aftermath of the collision. If possible, take these photos at the scene of the accident.
MORE: How to file a car accident claim report
After you leave the scene
Make sure that the responding police officer files a police report. You should receive a copy of this report for your records. Not only will a police report help in finding the evading driver, but it’s also a great source of documentation for when you file your insurance claim.
File the insurance claim within 24 hours of the hit-and-run.
If the other driver has been identified, their
liability insurance
should cover the damage and your insurance company will handle the claim like any other accident. If the driver cannot be identified or located, the process of filing a claim becomes more difficult. Unfortunately, if you only have liability insurance, any damage to your vehicle or medical bills won’t be covered. You might have better luck if you’re carrying the following:
What insurance covers a hit-and-run?
Insurance type | Will it cover a hit-and-run? | Notes |
|---|---|---|
Collision coverage | Yes | May need to pay a deductible first |
Uninsured/underinsured motorist coverage | Maybe | Check with your insurance provider about whether your policy covers hit-and-runs |
Medical payments (MedPay) coverage | Yes | Only covers what health insurance doesn’t; may need to pay a deductible |
Personal injury protection (PIP) | Yes | May also cover lost wages and other expenses related to the accident |
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Reviewed on 5/28/2023
FAQs
Will a hit-and-run affect my insurance?
Generally, being a victim of a hit-and-run won’t have a negative effect on your insurance, even if you need to file a claim. In some cases, your insurance provider may not require you to pay your deductible.
If you’re the driver doing the hitting and running, you should anticipate a spike in your premium. The average rate of increase in the state of Arkansas for a hit-and-run is a staggering 71%.
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