City of Benton. Arkansas Take Back.
As part of the National Drug Control Strategy, the Office of National Drug Control Policy has called for an increase of prescription drug return and disposal programs as a means to curb prescription drug abuse. Any time that you are involved in an automobile accident in the City of Benton you should report it to the police. You should contact the police at the time of the incident.
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The Benton Police Dpt. Officers will not find fault in a private property incident but they will assist you with exchanging information with the other driver, and documenting the incident for your insurance company. One of the goals of the Benton Police Dpt. To accomplish this, the department performs a variety of traffic accident investigation functions including providing emergency service to the injured, protecting the accident scene, conducting accident investigations and follow-ups, preparing reports and taking proper enforcement action relative to the incidents.
The purpose of accident investigation is to properly determine the causative factions involved in an automobile crash and utilize these factors to develop enforcement that will reduce the incidence of accidents. The reports are also used by this department to develop selective enforcement programs and to promote street and highway safety. After making a police report you should contact your insurance agent and advise them that you have been involved in an accident.
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The agent will need the other operators name, address and the name of their insurance company. It would be unfair for you to travel the distance without being compensated both for your time, and your expenses to retrieve the comparable vehicle. If your vehicle is a total loss, you are entitled to the value of sales tax on your vehicle.
Loss of Use.
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You are entitled to compensation for the number of days your vehicle cannot be used. If the damage was minor and you can continue using it until repairs are made, then the loss of use will be from the time the car goes in for repair until it is finished. If the vehicle is a total loss, then you are compensated for the value of the vehicle.
Most insurance companies will arrange for a rental car at no cost to you, rather than agreeing to pay a value for loss of use. It can be difficult to determine the value of lost. So, just in case you need to file a lawsuit to obtain rightful compensation, we recommend a keeping a written record of the daily cost of a car rental. We recommend you using Enterprise Rent-A-Car, as it appears to be the most widely used car rental agency for insurance claims in Arkansas.
Often initial repair estimates are inaccurate because not all damage is visible to the naked eye. We recommend however, you wait until all the work is complete. If you receive adequate compensation and your vehicle is paid for, your claim will then be closed and you will not have to file a lawsuit.
Vehicle Accidents - Benton Police Department
However, if you did not receive adequate compensation, you will have to move forward and file a lawsuit. Arkansas Code Ann. If there is more than one district court in the county, you should contact the district court to determine the geographical jurisdiction what court covers that area to make sure you are filing in the correct court. Take the time to fill the Small Claims Court accurately.
In order to sue the at-fault driver, it is necessary that you have the evidence to show the driver was negligent. In Arkansas, negligence is the failure to do or not do something a reasonably careful person would do. If the other driver disobeyed traffic laws, such as following too close or running a red light, then this is considered to be evidence of negligence. You should be aware, however, that if you were also negligent, the amount of your judgment will decrease based on how much at-fault you were.
If your negligence is equal or greater than that of the other at-fault driver, you cannot recover anything. Whether the case is in the Small Claims Division or Civil Division, you are allowed to represent yourself. Should you choose to, there are things you need to know. If the other driver is represented by an attorney, the attorney may send you Interrogatories to answer or ask you to produce documents. You must respond to the Interrogatories or Requests for Production of Documents, in writing, within 30 days.
You must respond to the request within 30 days, or they will be admitted. Arkansas has Rules of Evidence that apply to all litigation. There are a few things that you should know. The Arkansas Model Jury Instructions sets forth the measure of damages, or the way to calculate damages, for property damage in a motor vehicle accident:.
In determining any difference in market value, [the judge] may take into consideration the reasonable cost of repairs. Notice that the instruction does not contain the requirement that the insurance company has to pay for your sales tax on a vehicle that is a total loss. However, Ark.
Arkansas Auto Accident Laws
This provision of the Arkansas Constitution provides that all persons are entitled to be completely compensated for all injuries or wrongs. Therefore, most judges will allow recover of the sales tax value as an element of damages. When a case goes to trial before a judge or jury there are specific information they can hear, this is what is known as rules of evidence.
This website is part of the Arkansas Supreme Court. However, case law clearly establishes that evidence of liability insurance is not admissible. In fact, if even the mentioning of liability insurance occurs before a jury, a mistrial will generally be required which means that the trial will have to start all over again with a new jury. As antiquated as it sounds, the jury is not permitted to know that the other driver has liability insurance. Evidence of who got a ticket is also inadmissible. The jury is not permitted to hear, in most instances, who the investigating police officer believed to be at fault or who got the ticket.
The Accident Report is also, for the most part, inadmissible.