Arkansas Car Accident Laws

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.

Statute of limitations: 3 years

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.

Fault rule: modified comparative negligence, 50% bar

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.

Insurance: at-fault system with add-on PIP

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.

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.

A mistake worth avoiding 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.

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.

If the crash resulted in 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 it's worth talking to someone

With a hard cutoff at exactly 50%, how fault gets assigned in Arkansas can be the entire outcome of a claim. A free, no-obligation conversation is worth having if fault is disputed.