From congested highways in Little Rock to quiet country roads in the Ozarks, car accidents in Arkansas can happen anywhere—and they often leave victims with painful injuries, expensive bills, and legal questions. Knowing your rights after a crash is essential to making the right decisions. This guide walks you through key car accident laws in Arkansas so you can protect your health, finances, and future.
Arkansas Is an At-Fault State
Arkansas follows a fault-based system for auto insurance. This means the driver who caused the accident is responsible for paying for the resulting damages. After a crash, you may:
- File a claim with your own insurance provider
- File a third-party claim against the at-fault driver’s insurance
- File a personal injury lawsuit in civil court
It’s important to gather evidence—such as photos, police reports, and witness statements—to prove who was at fault.
Modified Comparative Fault Rule
Arkansas uses a modified comparative fault rule with a 50% bar. If you are less than 50% at fault, you can recover damages—but your compensation will be reduced by your percentage of fault. If you are 50% or more responsible, you cannot recover anything.
For example, if your damages total $10,000 but you’re found 30% at fault, you can recover $7,000.
Mandatory Insurance Requirements in Arkansas
All Arkansas drivers must carry minimum liability insurance. As of 2025, the required limits are:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Uninsured and underinsured motorist coverage must be offered but can be declined in writing. Carrying this optional coverage is highly recommended for added protection.
Time Limits for Filing a Car Accident Claim
In Arkansas, the statute of limitations for filing a personal injury or property damage lawsuit is three years from the date of the accident. If you miss this deadline, you may lose your right to compensation, regardless of how strong your case is.
Accident Reporting Requirements
You must report a car accident to Arkansas law enforcement if:
- The crash results in injury or death
- There is property damage of $1,000 or more
Additionally, the Arkansas Office of Driver Services requires drivers to file a written report within 30 days if these conditions apply and the police were not called.
What Happens if the Other Driver Doesn’t Have Insurance?
If you’re hit by an uninsured driver, you can file a claim through your uninsured motorist (UM) coverage if it’s included in your policy. If you don’t have UM coverage, your only option may be to sue the at-fault driver personally. However, collecting compensation from an uninsured individual may be difficult if they don’t have the assets to pay.
What Damages Can I Recover in Arkansas?
If you’re injured in a crash, you may be entitled to compensation for:
- Medical expenses and rehabilitation
- Lost income and reduced earning ability
- Pain and suffering
- Emotional distress
- Property damage
In rare cases, punitive damages may be awarded if the at-fault driver acted with extreme negligence, such as driving drunk or fleeing the scene.
Can I File a Claim if I Was a Passenger?
Yes. Passengers have the right to file a claim against any driver who was at fault, including the person operating the car they were riding in. You can seek compensation for your injuries, lost wages, and medical bills. Be sure to gather insurance information from all parties involved.
Do I Need a Lawyer for a Car Accident in Arkansas?
If your case involves significant injuries, complex liability issues, or insurance companies that won’t cooperate, hiring a car accident lawyer is a smart move. An attorney can help you navigate deadlines, build a strong claim, and fight for the compensation you deserve. Most personal injury lawyers offer free consultations and work on a contingency fee basis.