The short answer
- You generally have 3 years to file a lawsuit. Ark. Code §16-56-105.
- Arkansas uses modified comparative negligence with a 50% bar. Found 50% or more at fault, and you recover nothing.
- Arkansas is an "add-on" no-fault state. PIP is required, but it doesn't restrict your right to sue.
Last checked 1 July 2026
Arkansas is an at-fault state at its core, but requires PIP coverage as an added layer — similar to Delaware and Oregon, this doesn’t gate your right to sue the at-fault driver behind any threshold.
A three-year window plus PIP that doesn't restrict litigation is a genuinely favorable combination for claimants.
Arkansas car accident laws at a glance
| Rule | What applies in Arkansas | Statute | Detail |
|---|---|---|---|
| Deadline to file an injury lawsuit | 3 years | Ark. Code §16-56-105 | Read more |
| Fault rule | Modified comparative negligence, 50% bar | Ark. Code §16-64-122 and §16-55-216 | Read more |
| Insurance system and minimums | At-fault system with add-on PIP | Ark. Code §23-89-202 | Read more |
| Wrongful death deadline | Three years from the date of death | See the section | Read more |
Last checked 1 July 2026. Each row links to the section that explains it, with the statute.
How long do I have to file a car accident lawsuit in Arkansas?
Under Ark. Code §16-56-105, you generally have three years from the date of the accident to file a personal injury or property damage lawsuit. Wrongful death claims also carry a three-year deadline, running from the date of death.
What if I was partly at fault in Arkansas?
Under Ark. Code §16-64-122 / §16-55-216, you can recover damages if you’re found less than 50% at fault, reduced by your percentage. At 50% or more, you recover nothing.
What car insurance does Arkansas require?
Arkansas is not a no-fault state, but does require PIP coverage that pays medical costs regardless of fault, alongside standard liability insurance and mandatory UM/UIM coverage. Unlike threshold-gated no-fault states, PIP here doesn’t restrict your right to sue the at-fault driver directly.
RelatedCar accident with no insuranceHow UM/UIM coverage works when the other driver can’t pay.
How this plays out in a real claim
Take an intersection collision where fault is genuinely disputed. If an insurer or court assigns you 40% of the blame, Arkansas’s rule still lets you recover 60% of your damages. But if that assessment creeps to 50% or above, the claim is barred entirely under Arkansas’s rule — not reduced, eliminated. That single threshold is exactly why insurers have a real incentive to push a borderline case just over the line rather than simply discount what they pay.
What mistake should I avoid after a crash in Arkansas?
Because a single percentage point at the 50% threshold can be the entire difference between a reduced payout and nothing at all, careless statements at the scene or to an adjuster carry more weight here than in a pure comparative state. Avoid speculating about fault, even casually, until the full picture — police report, witnesses, any available footage — is in front of you.
What if a government vehicle or agency was involved?
Arkansas splits sharply by level of government. A claim against the state itself doesn’t go through court at all — it goes to the Arkansas State Claims Commission, with no notice-of-claim requirement, but the Commission can award at most $15,000 before anything larger needs legislative approval (Ark. Code §19-10-215). A claim against a city or county works differently: local governments are liable only up to their required liability insurance — $25,000 per person, $50,000 per accident (Ark. Code §21-9-303) — so a serious injury claim against a city vehicle can recover far less than the same injury against a private driver.
What is the deadline if the crash caused a death?
Arkansas gives wrongful death claims three years from the date of death, matching the state’s general personal injury deadline. The claim is brought by the personal representative of the estate for the benefit of the surviving spouse, children, and parents, in that order of priority.
Beyond the deadline and the fault rule
The statute of limitations and the fault rule above decide whether you have a claim and how much of it survives — they don’t decide what the claim is actually worth, or whether it’s worth handling yourself. For that, see our guides on what affects a settlement, who pays your medical bills while a claim is pending, and whether Arkansas law makes a lawyer worth it for your specific situation.
When should I talk to a lawyer in Arkansas?
With a hard cutoff at exactly 50%, how fault gets assigned in Arkansas can be the entire outcome of a claim. A conversation with a qualified lawyer is worth having if fault is disputed.
- 3-year deadline for injury, property damage, and wrongful death.
- Modified comparative negligence: 50% at fault or more bars recovery entirely.
- Not a no-fault state, but PIP and UM/UIM coverage are required alongside standard liability insurance.
- PIP doesn't restrict your right to sue the at-fault driver.
Common questions
How long do I have to sue after a car accident in Arkansas?
Generally three years from the date of the accident (Ark. Code §16-56-105), for injury, property damage, and wrongful death claims alike.
What happens if I was partly at fault in Arkansas?
You can recover damages reduced by your percentage of fault, as long as you're found less than 50% at fault. At 50% or more, Arkansas law bars you from recovering anything.
Is Arkansas a no-fault state?
No, but drivers are required to carry PIP coverage alongside standard liability insurance. Unlike full no-fault states, PIP here doesn't restrict your right to sue the at-fault driver.
What is the minimum car insurance required in Arkansas?
Arkansas requires liability insurance plus mandatory PIP and uninsured/underinsured motorist (UIM) coverage.
What if a government vehicle or agency caused the crash in Arkansas?
Arkansas splits sharply by level of government. A claim against the state itself doesn't go through court at all — it goes to the Arkansas State Claims Commission, with no notice-of-claim requirement, but the Commission can award at most $15,000 before anything larger needs legislative approval (Ark. Code §19-10-215).
How long do I have to bring a wrongful death claim in Arkansas?
Arkansas gives wrongful death claims three years from the date of death, matching the state's general personal injury deadline. The claim is brought by the personal representative of the estate for the benefit of the surviving spouse, children, and parents, in that order of priority.
What mistake should I avoid after a crash in Arkansas?
Because a single percentage point at the 50% threshold can be the entire difference between a reduced payout and nothing at all, careless statements at the scene or to an adjuster carry more weight here than in a pure comparative state. Avoid speculating about fault, even casually, until the full picture — police report, witnesses, any available footage — is in front of you.
How does the Arkansas fault rule work in a real claim?
Take an intersection collision where fault is genuinely disputed. If an insurer or court assigns you 40% of the blame, Arkansas's rule still lets you recover 60% of your damages. But if that assessment creeps to 50% or above, the claim is barred entirely under Arkansas's rule — not reduced, eliminated. That single threshold is exactly why insurers have a real incentive to push a borderline case just over the line rather than simply discount what they pay.
When is it worth talking to a lawyer in Arkansas?
With a hard cutoff at exactly 50%, how fault gets assigned in Arkansas can be the entire outcome of a claim. A conversation with a qualified lawyer is worth having if fault is disputed.
Sources
Written by The Accident Advisory editorial team from the sources below.
- Ark. Code §16-56-105 — three-year statute of limitations.
- Ark. Code §16-64-122 and §16-55-216 — modified comparative negligence, 50% bar.
- Ark. Code §23-89-202 — PIP and minimum insurance requirements.
The Accident Advisory provides free, general information and is not a law firm and does not provide legal advice. This page reflects Arkansas law as of the "last checked" date shown below and may not reflect subsequent changes. Always confirm current law or speak with a licensed Arkansas attorney before relying on this for a decision.