Insurance Claim Rights in Arkansas
Arkansas uses a modified comparative fault system where you can recover damages only if you are less than 50% at fault. The state requires both liability and uninsured/underinsured motorist coverage. With a generous 3-year statute of limitations, claimants have more time to build their cases.
25/50/25
Min. Liability
3 yrs
PI Deadline
3 yrs
PD Deadline
Yes
Diminished Value
Fault System
How Arkansas's At-Fault (Tort) System Works
Arkansas is an at-fault (tort) state. This means the driver who caused the accident is financially responsible for the other party's damages. After an accident, you file a claim against the at-fault driver's insurance company. If the claim is denied or undervalued, you have the right to file a lawsuit to recover your damages.
Deadlines
Statute of Limitations in Arkansas
Personal Injury
3 Years
You have 3 years from the date of the accident to file a personal injury lawsuit in Arkansas. Missing this deadline permanently bars your right to seek compensation for medical bills, lost wages, and pain and suffering.
Property Damage
3 Years
For property damage claims (vehicle repairs, total loss, personal property), Arkansas allows 3 years to file a lawsuit. This includes diminished value claims if applicable. Report damage to your insurer as soon as possible: report to insurer as soon as possible; 30-day policy requirement typical.
Coverage Requirements
Minimum Auto Insurance in Arkansas
Arkansas requires all drivers to carry at least 25/50/25 in liability coverage. These numbers represent the minimum bodily injury per person / bodily injury per accident / property damage limits in thousands of dollars. While these are the legal minimums, higher coverage is strongly recommended.
Bodily Injury / Person
$25,000
Maximum per injured person
Bodily Injury / Accident
$50,000
Maximum per accident total
Property Damage
$25,000
Maximum for property damage
Diminished Value
Diminished Value Claims in Arkansas
Arkansas Allows Diminished Value Claims
After an accident in Arkansas, your vehicle may lose market value even after high-quality repairs — this is called "diminished value." Arkansas allows you to file a diminished value claim against the at-fault driver's insurance to recover the difference between your vehicle's pre-accident and post-repair market value. The amount recoverable depends on the vehicle's age, mileage, damage severity, and repair quality.
Calculate your diminished valueKey Laws
Important Insurance Laws in Arkansas
Arkansas follows a modified comparative fault rule with a 49% bar — you cannot recover if you are 50% or more at fault (Ark. Code § 16-64-122).
Uninsured and underinsured motorist coverage is mandatory in Arkansas.
Insurers must acknowledge claims within 15 business days and make a decision within 30 days of receiving proof of loss.
Resources
Arkansas Department of Insurance
If you have a complaint about your insurance company or need help with a claim dispute in Arkansas, contact the state Department of Insurance. They regulate insurance companies operating in Arkansas and can assist with claim disputes, bad faith complaints, and coverage questions.
FAQ
Frequently Asked Questions About Arkansas Insurance Claims
What is the comparative fault threshold in Arkansas?
Arkansas uses a modified comparative fault rule with a 49% bar. This means if you are found to be 50% or more at fault, you cannot recover any damages. If you are 49% or less at fault, your compensation is reduced by your percentage of fault.
Is uninsured motorist coverage required in Arkansas?
Yes, Arkansas is one of the states that mandates uninsured and underinsured motorist coverage. Your insurer must offer it, and you can only reject it in writing. This protects you if you are hit by a driver without adequate insurance.
How long is the statute of limitations for car accident claims in Arkansas?
Arkansas gives you 3 years from the date of the accident to file a personal injury or property damage lawsuit. This is longer than many states, but you should still begin the claims process promptly to preserve evidence.
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