Is Arkansas a no-fault state?

No. Arkansas is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.

What is Arkansas's fault rule for a car accident?

Arkansas follows modified comparative — 50% bar. You can recover only if you were less than 50% at fault; your award is reduced by your share.

How long do I have to file an injury claim in Arkansas?

In Arkansas the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

Arkansas · Injury claims

Car accident injury claims in Arkansas

In Arkansas, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in Arkansas.

Get started — free

Arkansas at a glance

Fault rule: Modified comparative — 50% bar
No-fault state?: No
Minimum liability coverage: 25/50/25 (Ark. Code § 27-19-713 — $25K BI/person, $50K BI/accident, $25K PD); UM mandatorily offered at 25/50; UIM mandatorily offered (§ 23-89-202 / § 23-89-209)
Time limit for an injury claim: 3 years

How fault works in Arkansas

Ark. Code § 16-64-122 — modified comparative fault with a STRICT 49%-bar. Verbatim "of less degree than" / "equal to or greater barred": plaintiff must be less than 50% at fault to recover; plaintiff at exactly 50% recovers $0 (NOT 50% of damages); plaintiff at 51% recovers $0. AR is in the 9-state 49%-bar STRICT cluster (AR/CO/GA/KS/ME/ND/OK/TN/UT) — NOT the OH/IL/MA/MN/WV 50%-recovers cluster. Arkansas uses several liability for most defendants under the Civil Justice Reform Act of 2003.

Paying for injuries in Arkansas

Arkansas is a pure at-fault state — no-fault PIP never enacted. Ark. Code § 27-19-713 mandates 25/50/25 liability. MedPay is optional first-party medical-payments coverage (carrier-offered). No tort threshold — noneconomic damages recoverable from the first accident subject only to the modified comparative 49%-bar. First-party medical flows through MedPay (if any) or the health insurer (subject to subrogation/lien); recovery against the at-fault driver flows through the third-party BI liability claim.

How Moe handles injury claims in Arkansas

Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Arkansas’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.

Open my Arkansas case — free See how it works

Arkansas injury claims — common questions

Is Arkansas a no-fault state?: No. Arkansas is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
What is Arkansas's fault rule for a car accident?: Arkansas follows modified comparative — 50% bar. You can recover only if you were less than 50% at fault; your award is reduced by your share.
How long do I have to file an injury claim in Arkansas?: In Arkansas the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

Learn more

All Arkansas accident-claim rules · Other states

Sources

Arkansas is a pure at-fault state

This page summarizes Arkansas’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.