Arkansas Code Annotated

Ark. Code Ann. § 23-89-204 (2026)

Coverage for passengers and persons struck by insured vehicle

✓ current as of May 2026

Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar

The coverages provided in § 23-89-202 shall apply only to occupants of the insured vehicle and to persons struck by the insured vehicle, including pedestrians, bicyclists, motorcyclists, persons in a horse-drawn wagon or cart, and persons riding on an animal, and to none other.
However, the coverages shall not be applicable or payable if the prescribed minimum coverages are afforded to those occupants and to persons struck by the insured vehicle, either as a named insured or additional insured under another valid and collectible automobile insurance policy.

History. Acts 1973, No. 138, § 3; A.S.A. 1947, § 66-4016.

Research References

Ark. L. Notes.

Copeland, A Brief Survey of Some Important 1990 Insurance Law Decisions, 1991 Ark. L. Notes 75.

Case Notes

Benefits.

Automobile insurer's payment of med-pay benefits to a medical center over the insured's objections was upheld where: the policy stated that benefits can be paid “to or for” the insured; sections 23-89-202 and 23-89-204 do not mandate payment only to the insured; section 4-58-102 allows an insured to assign the right to receive insurance proceeds, as the insured had done in this case, and the insurer was obligated by law to honor the assignment and lien; section 23-85-114(b) does not apply to automobile insurance; and there was no evidence that the insured had advised either the insurer or the medical center of a revocation of the specific assignment of benefits to the medical center. United Servs. Auto. Ass'n v. Norton, 2020 Ark. App. 100, 596 S.W.3d 522 (2020).

Business Premises Exclusion.

Where insured was injured when a car crashed into the wall of her business, the trial court properly granted summary judgment for the insurance company which denied the insured underinsured motorist coverage and personal injury protection coverage based upon the clear and unambiguous terms of the policy's business premises exclusion. Harasyn v. St. Paul Guardian Ins. Co., 349 Ark. 9, 75 S.W.3d 696 (2002).

Double Recovery Prohibited.

Provision in insurance policy that its coverage would be excess insurance if the insured had other like insurance and would apply only to the extent that the other insurance was less than the statutory amount was not against public policy since this section expressly prohibits double recovery by a passenger's estate. MFA Mut. Ins. Co. v. Van Driesum, 282 Ark. 24, 665 S.W.2d 286 (1984).

The estate of an insured passenger who was killed while riding in an insured car could not recover the death benefit from both the decedent's own insurer and the driver's insurer. MFA Mut. Ins. Co. v. Van Driesum, 282 Ark. 24, 665 S.W.2d 286 (1984).

Exclusion.

Insurance policy exclusion for noncovered vehicles belonging to an insured or relatives in his household was not contrary to public policy because it was in accordance with the minimum requirements for motor vehicle insurance. Ballesteros v. Nationwide Mut. Ins. Co., 2013 Ark. App. 662 (2013).

Insured Vehicle Not Involved In Accident.

Insured was unable to collect on an insurance policy that covered a vehicle that was not involved in an accident; since the vehicle that the insured was driving was not insured by the insurer; pursuant to statute, the vehicle that the insured was driving was not covered for personal injury protection. Ballesteros v. Nationwide Mut. Ins. Co., 2013 Ark. App. 662 (2013).

Occupants of Insured Vehicle.

Insureds were not entitled to the medical expense benefits that would have been payable under the coverage provisions for a second vehicle that was not involved in the accident since they could not have been occupants of both vehicles when they were hurt. Travelers Ins. Co. v. Estes, 283 Ark. 61, 670 S.W.2d 451 (1984).

When benefits are payable to a named insured, in the event that more than one policy has personal injury protection coverage, the insured's own policy shall provide primary coverage; thus, the applicable policy for no-fault benefits was issued by the carrier for the injured party rather than by the carrier for the vehicle in which the injury occurred. Lawson v. State Farm Mut. Auto. Ins. Co., 291 Ark. 391, 725 S.W.2d 543 (1987).

Primary Coverage.

Where an injured party had a valid and collectible policy that included no-fault coverage on the date of the accident, it was primary in coverage responsibility; therefore, the no-fault coverage of the driver of the other vehicle is not applicable in accordance with this section. Mid-Century Ins. Co. v. Anderson, 303 Ark. 54, 791 S.W.2d 706 (1990).

Time of Coverage.

The date of the accident is the time to determine whether an insurance policy with no-fault coverage is valid and collectible. Mid-Century Ins. Co. v. Anderson, 303 Ark. 54, 791 S.W.2d 706 (1990).

Cited: Southern Farm Bureau Cas. Ins. Co. v. Shelter Mut. Ins. Co., 2016 Ark. App. 563, 506 S.W.3d 915 (2016).

Notes of Decisions

Cited in 6 cases, 1988–2020 · leading case: Crawford v. Emcasco Ins., 745 S.W.2d 132 (Ark. 1988).

Sort: Relevance Newest Treatment

Crawford v. Emcasco Ins., 745 S.W.2d 132 (Ark. 1988). · cites it 4× “This coverage should not be confused with first party coverage, commonly referred to as PIP, as established by Ark.Code Ann. § 23-89-204 (1987). Neither the policy holder nor the decedent, an insured under the policy, rejected the uninsured motorist coverage in writing.”

United Servs. Automovile Ass'n v. Mary Norton, 2020 Ark. App. 100 (Ark. Ct. App. 2020). · cites it 2× “” Ark. Code Ann. § 23-89-204 . In the summary-judgment order, the circuit court held that these statutes “mandate to whom med-pay benefits can be provided.”

Harasyn v. St. Paul Guardian Ins., 75 S.W.3d 696 (Ark. 2002). “However, coverage under § 23-89-202 is not applicable as § 23-89-204 (Repl. 1999) prohibits coverage to Ms.”

S. Farm Bureau Cas. Ins. Co. v. Shelter Mut. Ins. Co., 2016 Ark. App. 563 (Ark. Ct. App. 2016). · cites it 2× “By reading the applicable statutes together—Arkansas Code Annotated section 23-89-215 and section 23-89-403(a)(l)—it can be inferred that the legislature intended that UM coverage, like liability insurance, follows the automobile because it requires that UM coverage be offered…”

Mid-Century Ins. v. Anderson, 791 S.W.2d 706 (Ark. 1990). · cites it 6× “Ark. Code Ann. § 23-89-204 (a) (1987) provides as follows: COVERAGE FOR PASSENGERS AND PERSONS STRUCK BY INSURED VEHICLE.”

Ballesteros v. Nationwide Mut. Ins. Co., 2013 Ark. App. 662 (Ark. Ct. App. 2013). · cites it 4× “In an amended complaint filed on June 1, 2012, appellant additionally argued violation of Arkansas Code Annotated § 23-89-204. 2 Cite as 2013 Ark. App. 662 Appellee answered on June 12, 2012, essentially denying all of appellant’s allegations and requesting a jury trial.”

— Ark. Code Ann. § 23-89-204(a) — 1 case

Ballesteros v. Nationwide Mut. Ins. Co., 2013 Ark. App. 662 (Ark. Ct. App. 2013). “In an amended complaint filed on June 1, 2012, appellant additionally argued violation of Arkansas Code Annotated § 23-89-204. 2 Cite as 2013 Ark. App. 662 Appellee answered on June 12, 2012, essentially denying all of appellant’s allegations and requesting a jury trial.”

— Ark. Code Ann. § 23-89-204(b) — 3 cases

S. Farm Bureau Cas. Ins. Co. v. Shelter Mut. Ins. Co., 2016 Ark. App. 563 (Ark. Ct. App. 2016). “By reading the applicable statutes together—Arkansas Code Annotated section 23-89-215 and section 23-89-403(a)(l)—it can be inferred that the legislature intended that UM coverage, like liability insurance, follows the automobile because it requires that UM coverage be offered…”

Mid-Century Ins. v. Anderson, 791 S.W.2d 706 (Ark. 1990). “Ark. Code Ann. § 23-89-204 (a) (1987) provides as follows: COVERAGE FOR PASSENGERS AND PERSONS STRUCK BY INSURED VEHICLE.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.