Auto Insurance Claims in Arkansas: Guide

Arkansas Car Insurance Claims: Deadlines, Limits & Your Rights

Arkansas is an at-fault (tort) state that follows modified comparative negligence (50% bar), with minimum liability limits of 25/50/25 ($25,000 per person / $50,000 per accident / $25,000 property damage). Arkansas follows modified comparative negligence with a 50% bar. You cannot recover if you are 50% or more at fault. Minimum liability coverage is 25/50/25.

How fault works in Arkansas

Arkansas is an at-fault (tort) insurance state, which means the driver who caused the crash is liable for the damages. You can pursue the at-fault driver's insurer directly (a third-party claim), file with your own insurer and let them recover from the other side through subrogation, or sue the at-fault driver.

You can recover only if you were less than 50% at fault. Reach 50% and your recovery drops to zero, so in Arkansas the difference between a 49% and a 50% fault finding is the difference between a payout and nothing.

Filing deadlines (statute of limitations)

Miss the deadline and you permanently lose the right to sue — adjusters know this and may run out the clock, so calendar these dates the week of your crash:

Statutory basis: Three-year statute. Ark. Code 16-56-105.

Minimum coverage required in Arkansas

Every Arkansas driver must carry at least:

• $25,000 bodily injury liability per person
• $50,000 bodily injury liability per accident
• $25,000 property damage liability
• Uninsured/underinsured motorist coverage is not required in Arkansas — but it's worth adding, since it pays when the at-fault driver has no insurance.
• Personal Injury Protection (PIP) is not required in Arkansas.

These are legal minimums, not recommendations; they often fall short of the cost of a serious crash.

Know your rights when dealing with adjusters in Arkansas

Arkansas is a one-party consent state, so you may legally record your own calls with an adjuster as long as you are part of the conversation — useful for keeping an accurate record of what the insurer promised.

Arkansas has a statutory bad-faith / unfair-claims-practices law, which can entitle you to penalties, interest, or attorney's fees when an insurer handles your claim improperly.

How to file your Arkansas claim, step by step

1. Make the scene safe and call 911. Get to safety, check for injuries, and report the crash. A police report is one of the strongest pieces of evidence you can have.
2. Document everything. Photograph all vehicles, the road, signage, and visible injuries; collect the other driver's insurance and license details and any witness contacts.
3. Get medical care promptly. See a doctor even if you feel fine — gaps in treatment are the first thing insurers use to argue your injuries aren't serious.
4. Notify your insurer. Report the crash quickly to satisfy your policy's notice rules, but stick to the facts and avoid speculating about fault.
5. File and track the claim. Submit your claim, keep a written log of every call, and don't accept the first offer without checking it against your actual damages.

Where to get help in Arkansas

If an insurer won't deal fairly, your regulator is Arkansas Insurance Department. You can file a complaint at https://insurance.arkansas.gov/pages/consumer-services/file-a-complaint/. General information: https://insurance.arkansas.gov.

Key takeaways for Arkansas

• Arkansas is an at-fault (tort) state using modified comparative negligence (50% bar).
• You generally have 3 years to sue for injuries and 3 years for property damage.
• Minimum liability limits are 25/50/25.
• UM/UIM is optional but recommended. PIP is not required.
• Your regulator for complaints is Arkansas Insurance Department.

Educational information, not legal advice. Laws change — confirm current rules with Arkansas Insurance Department or an attorney licensed in Arkansas. Last reviewed June 2026 · InsurifyAI Knowledge Hub.