State guide
Arkansas car accident law: deadlines, fault and your claim
Arkansas gives you three years to sue after a crash, bars recovery if your fault equals or exceeds the other side's, and requires insurers to offer PIP.
General information, not legal advice. Talk to a licensed attorney in your state.
Quick answer
In Arkansas you generally have 3 years from the crash to sue for injuries or vehicle damage, and 3 years from the date of death for a wrongful death claim. Arkansas uses Modified comparative fault. Comparative negligence with a cut-off: once your share of blame reaches the state's bar (50% or 51%), you recover nothing. Glossary with a 50% bar: your damages are reduced by your share of fault, and you recover nothing if your share is equal to or greater than the other side's. Insurers must offer Personal injury protection (PIP). Coverage under your own policy that pays medical bills and some lost income after a crash, whoever caused it. Glossary, so your own policy may pay some medical bills and lost income whoever caused the crash.
Arkansas law at a glance
Checked against official sources · October 2026
| Claim | Deadline or rule | The law |
|---|---|---|
| Injury | 3 years | Ark. Code Ann. § 16-56-105 |
| Vehicle or property damage | 3 years | Ark. Code Ann. § 16-56-105(6) |
| Wrongful death | 3 yearsfrom the date of death | Ark. Code Ann. § 16-62-102(c)(1) |
| Shared fault | 50% bar Modified comparative fault (50% bar) | Ark. Code Ann. § 16-64-122(b) |
Key facts
- Injury lawsuit deadline
- 3 years
- Vehicle damage deadline
- 3 years
- Wrongful death deadline
- 3 years, from the date of death
- Fault rule
- Modified comparative: barred at 50% or more
- Cities and counties
- immune from liability and from suit for damages, except to the extent they are covered by liability insurance
- Minimum liability insurance
- $25,000 per person, $50,000 per crash, $25,000 property
- Insurance system
- At-fault (add-on PIP); PIP: Must be offered; can be rejected in writing
- Traffic deaths in Arkansas, 2024
- 603 people
- Arkansas Bar Association
- 501-375-4606
Filing deadlines in Arkansas#
Arkansas sets a Statute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary of 3 years for car-crash lawsuits over injuries and vehicle damage. The clock usually starts on the day of the crash.
| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 3 years | Ark. Code Ann. § 16-56-105 |
| Damage to your vehicle or other property | 3 years | Ark. Code Ann. § 16-56-105(6) |
| Wrongful death | 3 years from the date of death | Ark. Code Ann. § 16-62-102(c)(1) |
Injured children. Under Arkansas Code § 16-56-116, a person who is under 21 when the claim arises may sue within three years after reaching full age. This pause is a form of Tolling. Pausing the limitations clock, for example while the injured person is a child. Glossary. Exactly when that three-year window opens for a particular child is something a licensed Arkansas attorney can confirm.
Claims against a city, county or the state. Arkansas counties, cities, school districts and other local bodies are immune from liability and from suit for damages, except to the extent they are covered by liability insurance. The special rules below explain what that means when a government vehicle hits you. Claims against the State of Arkansas itself follow a separate process, which a lawyer can explain.
How fault is shared in Arkansas#
Arkansas Code § 16-64-122 compares your fault with the fault of the people you are suing. If your share is lower, your damages are reduced in proportion to it. If your share is equal to or greater than theirs, you recover nothing. This is often called a 50% bar.
Because a tie bars recovery, the difference between 49% and 50% matters a great deal in Arkansas. Insurers know this, and adjusters may argue for a larger share of fault on your side. Try the fault-rule explainer to compare Arkansas with other states.
Insurance in Arkansas#
Arkansas drivers must carry liability insurance of at least $25,000 per person and $50,000 per crash for injuries, plus $25,000 for property damage. Arkansas is an at-fault state with "add-on" PIP: the at-fault driver is still responsible, and PIP on your own policy, if you kept it, pays some costs regardless of fault.
- Personal injury protection. Must be offered; can be rejected in writing. The minimum benefits that must be offered are up to $5,000 per person for medical and hospital costs, 70% of lost income up to $140 a week, and a $5,000 death benefit.
- Uninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary. Included unless you sign a rejection. Underinsured coverage: Optional. The Insurance Information Institute estimates that 12.1% of Arkansas drivers were uninsured in 2023, against 15.4% nationally.
- Medical payments. Offered as part of PIP; can be rejected in writing.
Questions about a policy or an insurer can go to the Arkansas Insurance Department at 1-800-852-5494; (501) 371-2640.
After a crash in Arkansas#
Under Arkansas Code § 27-53-202, the driver must immediately notify the nearest law enforcement agency of a crash that causes injury, death or apparent property damage of $3,000 or more. Everyone involved must also make themselves available to the investigating officers.
You can get the report online from the Arkansas State Police, the state's central repository for crash reports, through its Crash Report Online Purchase System. The fee is $25 per report, and most reports are available within 10 business days. State law sets a lower fee of $10 for a person who was involved in the crash, and county and city police charge $10 for a basic report. For a crash with child passengers, the State Police ask you to call the Crash Records Section at (501) 618-8130. See how a police report is used in a claim for what to check in it.
Special rules in Arkansas#
Local governments and their insurance. Because cities and counties are immune except to the extent of their liability insurance, the insurance often sets the limit of what you can recover. Arkansas law says local governments must carry liability insurance on their vehicles, or self-insure, at least at the state's minimum limits, and unless they bought more coverage, those minimums are the most that can be recovered for an employee's use of the vehicle. A person hurt by a local government vehicle can sue the government's insurer directly, or the government itself if its vehicle was uninsured.
Crashes on Arkansas roads#
IIHS counted 603 motor vehicle crash deaths in Arkansas in 2024. That is 19.5 per 100,000 people, compared with 11.5 per 100,000 people for the US as a whole. About 68% of Arkansas's crash deaths happened on rural roads and 23% were speeding-related. IIHS also estimates that 29% of fatally injured passenger vehicle drivers had a blood alcohol level of 0.08% or higher.
Finding a lawyer in Arkansas#
The Arkansas Bar Association runs ArkansasFindALawyer, an online directory where you can search for lawyers by practice area and distance from your ZIP code. Its office number is 501-375-4606. Read more about lawyer referral services and other ways to find a lawyer.
Before you hire anyone, use the Arkansas Judiciary's attorney search to confirm the lawyer's license. Lawyer discipline is handled by the Arkansas Judiciary's Office of Professional Conduct.
Questions people ask
What is the statute of limitations for a car accident in Arkansas?
Generally 3 years from the day of the crash for injuries and vehicle damage, and 3 years for wrongful death. Different rules can apply to injured children and to claims involving a government body.
Is Arkansas a no-fault state?
No. Arkansas is an at-fault state, but insurers must offer personal injury protection, which pays some medical costs and lost income regardless of fault unless you rejected it in writing.
Can I recover if I was partly at fault in Arkansas?
Yes, if your share of fault is less than the share of the people you are suing. Your damages are reduced by your percentage. At 50% or more, you recover nothing.
Can I sue a city or county after a crash in Arkansas?
Local governments are immune except to the extent of their liability insurance. A person hurt by an insured government vehicle can bring a claim directly against the insurer, usually up to the state's minimum limits unless higher coverage was bought.
How do I get a crash report in Arkansas?
Order it through the Arkansas State Police online crash report system for $25. Most reports are available within 10 business days of the crash.
How do I check an Arkansas lawyer's license?
Use the Arkansas Judiciary's attorney search, which lists licensed attorneys. The Arkansas Bar Association's directory can help you find lawyers by practice area.
Sources
- Arkansas General Assembly, Arkansas Code § 16-64-122 (secondary copy) — comparative fault and the 50% bar
- Arkansas General Assembly, Arkansas Code § 27-53-210 (secondary copy) — crash report copies and fees
- Arkansas Judiciary, Office of Professional Conduct — lawyer discipline
- Supreme Court of Arkansas, Shelter Mut. Ins. Co. v. Nash, 357 Ark. 581 (2004) (applying Ark. Code Ann. § 16-56-105) — as of October 2026
- Arkansas General Assembly, Arkansas Code § 16-62-102(c)(1) — as of October 2026
- Arkansas General Assembly, Arkansas Code § 16-56-105(6) — as of October 2026
- Arkansas General Assembly, Arkansas Code § 21-9-301(a) — as of October 2026
- Arkansas Bar Association, Contact Us — as of October 2026
- Arkansas General Assembly, Arkansas Code § 16-56-116(a) — as of October 2026
- Arkansas General Assembly, Arkansas Code § 23-89-202 — as of October 2026
- Insurance Information Institute, Facts + Statistics: Uninsured motorists — as of October 2026
- Arkansas General Assembly, Arkansas Code § 27-53-202 — as of October 2026
- Arkansas State Police, Crash Reports — as of October 2026
- Arkansas General Assembly, Arkansas Code § 21-9-303 — as of October 2026
- Arkansas Bar Association, ArkansasFindALawyer — as of October 2026
- Arkansas Judiciary, Attorney Search — as of October 2026
- Alabama Department of Insurance, State Auto Insurance Laws — as of October 2026
- IIHS, Fatality Facts 2024: State by state — as of June 2026
- Arkansas Insurance Department, Consumer Services — as of May 2026
- Arkansas Insurance Department, Automobile Insurance brochure (rev. 11/2025) — as of November 2025
Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.
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