Are ATV Accidents Covered by Homeowners Insurance in Arkansas?

When you get hurt in an accident, individual defendants often can’t afford damages. This is why it is so important for them to have insurance that can cover your accident. We’ll pursue damages from the at-fault party and their insurance, whether that’s the property owner/homeowner or another at-fault party.

If the property owner was liable for your accident, homeowners insurance should cover it. However, homeowners with lots of land may let others use it for “recreational” purposes, such as ATV riding. Arkansas offers immunity to property owners, provided they don’t charge a fee or maliciously fail to warn about hazards. If homeowners’ insurance won’t cover the ATV accident because the property owner isn’t liable, we can pursue damages from another ATV rider or the vehicle manufacturer.

Call our Bentonville, AR ATV accident lawyers at (479) 316-0438 to discuss your case for free today.

When Are ATV Accidents Covered by Homeowners’ Insurance in Arkansas?

The property owner’s insurance may cover an ATV accident on their property in very specific situations. Generally, property owners who permit others to use their land for recreational purposes do not owe those individuals a duty of care to maintain safe premises. However, there are exceptions to this immunity.

Malicious Failure to Warn

While property owners are often immune from liability when others use their land for recreational purposes, they are not immune from liability for malicious failure to warn riders about hazardous conditions. Any structures, personal property, or activity that the owner knows to be dangerous must be mentioned to ATV riders. The failure to warn must surpass ordinary negligence, and our Fayetteville, AR ATV accident lawyers can help you prove that the property owner knew about a very hazardous property defect and chose not to tell you, exposing you to unnecessary danger.

Charging a Fee

A homeowner whose expansive property offers ideal ATV riding terrain may be held liable for an accident if they charge riders a fee, according to Ark. Code. § 18-11-307(2). Property owners who charge fees for the recreational use of their land might try to mitigate their liability by requiring visitors to sign liability waivers. You can’t waive the right to sue for gross negligence or violations of public policy, so you may still be able to get your ATV damages covered, even if you signed a waiver.

However, another complication with charging a fee is that homeowners insurance might deny coverage, saying that the property was a business instead of a normal residential property.

When Aren’t ATV Accidents Covered by Homeowners’ Insurance?

If you’re an ATV rider and get hurt while riding on someone else’s property, our lawyers can see if their homeowners’ insurance covers your injuries. If you did not pay a fee or there is no proof of the homeowner’s malicious failure to warn, you most likely cannot seek compensation from the property owner or their insurance.

Additionally, the property owner will not be liable for an accident caused solely by a defect in the ATV. You may not realize a defect caused your accident and injuries until our lawyers reconstruct the incident and confer with experts to confirm liability.

What Damages from ATV Accidents Can Homeowners’ Insurance Cover?

If you have a valid claim against the landowner, their homeowners’ insurance can cover

• Medical bills
• Lost wages
• Pain and suffering
• Vehicle damage
• And other damages.

Going to trial is often avoidable for our lawyers, who can generally negotiate fair out-of-court settlements for ATV accident victims in Arkansas.

We seek compensation for all damages incurred by victims, including both economic and non-economic losses. A lawsuit may be necessary if the homeowners’ insurance policy limits aren’t enough to cover property damage and all other costs, and our lawyers can help you navigate a civil claim.

Don’t accept a small settlement right out of the gate. ATV accidents can be very dangerous, with victims often suffering debilitating head, back, and spine injuries. Your case ends when you agree to a settlement, and we can ensure the amount you ultimately accept is satisfactory.

What if Homeowners’ Insurance Doesn’t Cover an ATV Accident?

If a property owner is immune from liability, another party may bear some or all of it. Tell us all the details you can about a recent ATV accident in Arkansas, and we can see who to hold accountable for your damages.

Suing Another Rider

Suppose someone else was using the same ATV trails as you and struck you. ATV liability insurance isn’t mandatory for these vehicles in Arkansas, although many riders opt for it to protect themselves in the event of an accident. We can seek damages from the ATV rider whose negligence or recklessness injured you.

Suing ATV Manufacturers

ATV manufacturers have a responsibility to produce safe, effective vehicles. Defects might make you lose control of your ATV, be unable to brake to avoid impact, or otherwise contribute to an accident. This makes the manufacturer liable, and our lawyers can file a lawsuit against them.

Suing Safety Gear Manufacturers

Similarly, if safety equipment was defective and contributed to the severity of your injuries, tell us. A defective helmet might contribute to life-altering or fatal brain injuries, making the helmet manufacturer partially liable for the victim’s damages.

How to Get All Damages Covered After an ATV Accident in Arkansas?

Turn to our lawyers for help getting all your damages covered after an ATV accident. Not only can we calculate the exact value of your claim, but we can also prepare proof of damages that shows exactly how much your medical bills, lost wages, and other out-of-pocket expenses have cost you.

Don’t wait to get compensation after an ATV accident. Proving fault can become increasingly challenging over time, and victims may lose track of their damages if they do not let us begin building their cases promptly.

Rushing into a settlement with homeowners’ insurance after an ATV accident on their property is inadvisable. A lawsuit may yield even more, especially if we can prove the property owner’s gross negligence and seek punitive damages from the jury.

Contact Us About a Recent ATV Accident in Arkansas

Call our Fort Smith, AR ATV accident lawyers at (479) 316-0438 for help with your case now.