It is hard for anyone to determine fault in an accident. In Arkansas, the driver can make a claim with your carrier.

Until fault is found, your carrier typically won't pay for damages.

If your carrier pays for damages and then finds that you weren't entirely negligent then they they will subrogate the claim with the "driver's" insurance company.

Arkansas adheres to the principal of comparative negligence. Under insurance rule, comparative negligence is a system that allows a party to recover some portion of the damages caused by another party's negligence even if the original person was also partially negligent and responsible for causing the injury. Not all states follow this system and some states call it comparative fault.

Further, the legal terms used can be more confusing when determining fault in an accident. Comparative negligence contrasts with the doctrine of contributory negligence, which disallows recovery by a plaintiff whose actions in some way, however small, contributed to the tort.

Law of torts determines whether a loss that befalls one person should or should not be shifted to another person. Some of the consequences of injury or death, such as medical expenses incurred, can be made good by payment of damages. Damages may also be paid, for want of a better means of compensation, for non-pecuniary consequences, such as pain.

Neither comparative negligence nor contributory negligence should be confused with joint and several liability which compares the fault of two or more defendants.

Good luck on your claim and please post any comments to help future visitors.