Posted on Sunday, March 1st, 2026 at 12:00 pm
If you’ve been in a car accident in Arkansas, you probably have questions. Understanding Arkansas car accident laws helps you protect your rights and make informed decisions about your claim. Whether you caused the accident or someone else did, knowing the rules that apply in your state makes a real difference in how you move forward.
Arkansas operates under a fault-based insurance system. The driver responsible for causing the accident pays for the damages. This guide walks you through key laws you need to know, including how fault works, insurance requirements, important deadlines, and what steps to take after a crash. For comprehensive legal guidance, McCutchen Napurano - The Law Firm offers free consultations to help you understand your options.
Why Choose McCutchen Napurano - The Law Firm for Your Arkansas Car Accident Claim
When you’re dealing with a car accident, you need someone who understands Arkansas law. McCutchen Napurano - The Law Firm has spent years helping accident victims in Fort Smith and throughout Arkansas recover compensation. Our team knows the tactics insurance companies use and how to protect your rights.
From the moment you contact us, we listen to your story and answer your questions. We explain your options in plain language. We handle the legal work so you can focus on healing. If you’ve been injured in a car accident, we’re here to help you understand your rights and pursue compensation. Learn more about how we work with our clients and what to expect during your first meeting.
Arkansas Is a Fault-Based State
What “Fault-Based” Means
Arkansas is a fault-based state. The driver who caused the accident is responsible for paying damages to the other people involved. This differs from no-fault states, where each driver’s own insurance pays for their injuries regardless of who caused the accident.
In Arkansas, if another driver caused your accident, you can file a claim against that driver’s liability insurance. The at-fault driver’s insurance company must cover your medical bills, lost wages, vehicle damage, and other losses. If the insurance company won’t pay enough, you have the right to file a lawsuit. Understanding your rights in a car accident claim is essential to protecting your interests.
Understanding Comparative Fault in Arkansas
Arkansas follows a modified comparative negligence rule. You can still recover compensation even if you were partly responsible for the accident—as long as you were less than 50% at fault. This principle is codified in Arkansas Code § 16-64-122, which governs how fault is determined in personal injury cases.
Here’s how it works: If you were 30% at fault and the other driver was 70% at fault, you can recover 70% of your damages. If you were awarded $10,000 in damages, you would receive $7,000 (70% of $10,000). However, because Arkansas uses a strict 50% cutoff, if you were 50% or more at fault, you cannot recover anything at all.
Can You Still Recover if You’re Partially at Fault?
Yes, you can recover compensation if you’re less than 50% responsible for the accident. Your percentage of fault directly affects how much money you receive. The more at fault you are, the less compensation you get. Having someone on your side who can argue your case matters. They can show that the other driver bears more responsibility for the crash. Many accident victims benefit from understanding comparative negligence rules before negotiating with insurance companies.
Insurance Requirements and Coverage
Arkansas law requires all drivers to carry liability insurance. The minimum coverage amounts are:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 for property damage
These minimums cover damages you cause to other people and their property. However, these limits may not be enough if you cause a serious accident. Many drivers carry higher limits for extra protection.
Arkansas also allows drivers to purchase uninsured and underinsured motorist (UIM) coverage. This protects you if a driver with no insurance or insufficient insurance hits you. Personal injury protection (PIP) coverage is optional in Arkansas, but it can help pay your medical bills and lost wages quickly, even while your claim is being settled. Understanding your insurance options is crucial for protecting yourself financially after an accident.
Reporting Requirements and Deadlines
You must report a car accident to the Arkansas Department of Finance and Administration (DFA) if the damage to any vehicle or property exceeds $1,000, or if anyone is injured or killed. You have 30 days from the date of the accident to file an SR-1 accident report.
(Note: A common misconception is that if the police respond to the scene and file a report, you don’t need to do anything else. This is incorrect. Under Arkansas law, you must file the SR-1 with the DFA to prove you had insurance at the time of the crash, regardless of whether the police filed their own report.)
This requirement is outlined in Arkansas Code § 27-53-202, which establishes the legal framework for accident reporting.
Reporting the accident creates an official record and protects you. It prevents the other driver from later claiming you caused more damage than you actually did. It also helps your insurance company process your claim faster. Failing to report can result in serious consequences for your case.
What Happens If You Don’t Report?
If you fail to report a reportable accident within 30 days, serious consequences follow. Your driver’s license may be suspended, and your insurance claim could be denied. The other driver might also use your failure to report against you in a lawsuit. Always report accidents that meet the reporting requirements, even if you think the damage is minor. Taking action quickly after your accident is one of the most important steps you can take to protect your legal rights.
The Three-Year Statute of Limitations
Arkansas gives you exactly three years from the date of your car accident to file a personal injury lawsuit. This deadline is called the statute of limitations, established under Arkansas Code § 16-56-105. If you don’t file your lawsuit within three years, you lose your right to sue and cannot recover compensation through the court system.
This deadline applies to personal injury claims. If you’re injured and want to pursue a lawsuit, you need to act within three years. Contact an attorney soon after your accident. We can help you gather evidence, document your injuries, and prepare your case while everything is fresh. Understanding this critical deadline is essential for protecting your right to compensation.
What to Do After a Car Accident in Arkansas
Knowing what to do immediately after an accident protects your health and your legal rights. First, check yourself and your passengers for injuries. If anyone is hurt, call 911 right away. If the accident is minor and no one is injured, move your vehicles out of traffic if it’s safe to do so.
Call the police and report the accident. Get the police report number. Take photos of the accident scene, vehicle damage, road conditions, and traffic signs. Write down the names, phone numbers, and addresses of any witnesses. Get the other driver’s name, phone number, address, driver’s license number, license plate number, and insurance information.
Notify your insurance company about the accident as soon as possible. Be honest about what happened, but don’t admit fault or sign anything without reviewing it first. Seek medical treatment even if you don’t think you’re seriously injured. Some injuries show up days or weeks after an accident. Keep records of all medical treatment, lost wages, and other expenses related to the accident. For detailed guidance on what to do after an accident, consult with an experienced car accident attorney.
Frequently Asked Questions About Arkansas Car Accident Laws
How long do I have to file a car accident lawsuit in Arkansas?
You have three years from the date of the accident to file a lawsuit. This deadline is strict, and if you miss it, you lose your right to sue. Contact an attorney as soon as possible after your accident to make sure you don’t miss this important deadline. The statute of limitations is a critical deadline that cannot be extended.
What if I was partially at fault for the accident?
Arkansas follows modified comparative negligence. You can still recover compensation if you were less than 50% at fault. Your compensation is reduced by your percentage of fault. For example, if you were 25% at fault, you can recover 75% of your damages. Learn more about how comparative fault works in Arkansas.
What are the minimum insurance requirements in Arkansas?
Arkansas requires all drivers to carry at least $25,000 per person and $50,000 per accident for bodily injury liability, and $25,000 for property damage liability. These are the minimum amounts required by law, but many drivers carry higher limits. Understanding your insurance coverage options can help protect you.
Do I need to report the accident to the police?
You must report the accident if the damage exceeds $1,000 or if anyone is injured or killed. You have 30 days to file an SR-1 accident report with the Arkansas Department of Finance and Administration. Reporting the accident protects you and helps your insurance claim.
What damages can I recover in an Arkansas car accident case?
You can recover compensation for medical expenses, lost wages, pain and suffering, property damage, and other losses caused by the accident. The amount you recover depends on the severity of your injuries, the extent of your damages, and the percentage of fault assigned to each driver.
Should I hire an attorney after a car accident?
If you’re injured or the accident is serious, hiring an attorney is a smart decision. An attorney can help you navigate the insurance process, gather evidence, negotiate with insurance companies, and file a lawsuit if necessary. Many attorneys work on a contingency basis, which means you don’t pay unless you win your case.
Get Help With Your Arkansas Car Accident Claim
If you’ve been injured in a car accident in Arkansas, you don’t have to handle it alone. McCutchen Napurano - The Law Firm is here to help you understand your rights and pursue compensation. We offer free consultations, so you can talk to an attorney about your case without any obligation.
Call (479) 783-0036 today to schedule your free consultation. Our team is ready to answer your questions and help you move forward after your accident.
