Arkansas Motor Vehicle Accident Laws

Insurance System & Requirements

System type: Arkansas operates as an at-fault state for car accidents, meaning that the driver responsible for causing the accident is held financially liable for the resulting damages. This system requires the at-fault party's insurance to cover medical expenses and property damage. Drivers involved in an accident may file a claim with the at-fault driver’s insurance, seek compensation through their insurer, or pursue a lawsuit if necessary.

Minimum liability requirements: Drivers in Arkansas must carry liability insurance with minimum coverage limits of $25,000 for bodily injury or death per person, $50,000 for bodily injury or death per accident, and $25,000 for property damage. These limits are designed to ensure financial protection for both drivers and victims in the event of an accident. All drivers must provide proof of insurance that meets or exceeds these state requirements.

Uninsured and Underinsured Motorist Coverage (UM/UIM): In Arkansas, drivers can add Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage to their auto insurance policies. These coverages protect drivers when the at-fault driver either doesn’t have insurance (UM) or doesn’t have enough insurance to cover all damages (UIM). However, both can be declined if the driver signs a written waiver.

Underinsured Motorist (UIM) coverage

• What it does: UIM coverage helps pay for injuries or death if the at-fault driver’s insurance isn’t enough to cover your damages
• When offered: UIM is only available if you also have Uninsured Motorist (UM) coverage. If you reject it in writing, your insurer doesn’t have to offer it again unless you ask
• Minimum coverage: The limits must meet Arkansas’s state minimum of $25,000 per person and $50,000 per accident
• Using it: If you settle with the at-fault driver’s insurance, you must notify your UIM insurer with proof of your losses, medical bills, and settlement terms to activate your UIM benefits

Uninsured Motorist Property Damage (UMPD)

• What it does: When purchasing uninsured motorist bodily injury (UMBI) coverage, policyholders must be offered the option to include UMPD coverage for damages to their vehicle caused by an uninsured driver
• Deductible: There’s usually a $200 deductible, but it’s waived if your insurance company also covers your collision damage and the uninsured driver is clearly at fault
• Limits: UMPD coverage won’t go higher than your policy's property damage liability limits
• Rejection: If you decline UMPD coverage in writing, your insurer doesn’t have to offer it again unless you specifically ask

Non-compliance penalties: Driving without the required insurance in Arkansas can result in significant penalties:

• First offense: A mandatory fine ranging from $100 to $250
• Second offense: A fine between $250 and $500
• Third and subsequent offenses: A fine of $500 to $1,000, up to one year in jail, or both

If a driver fails to show proof of insurance when resolving their case, the court will order the suspension of the vehicle's registration. To reinstate registration, the driver must:

1. Provide proof of insurance to the Office of Motor Vehicle
2. Pay a $20 reinstatement fee in addition to any fines or penalties

However, if a driver can prove they had valid insurance at the time of the traffic stop but failed to present proof when requested by law enforcement, they will face a reduced fine of $25. Additionally, if valid insurance is proven during resolution, the judge may dismiss the charges entirely, and no further penalties will be imposed.

PIP or MedPay coverage: In Arkansas, both Personal Injury Protection (PIP) and Medical Payments Coverage (MedPay) are optional and offered by insurance companies. Both coverages must provide at least $5,000 per person per accident if offered. These options help cover medical expenses regardless of fault, but drivers can decline them by notifying their insurer in writing.

Rideshare insurance requirements: Transportation Network Company (TNC) drivers, like those for Uber or Lyft, must have insurance coverage based on their rideshare activity:

• Logged into the app but not transporting a passenger: Requires at least $50,000 per person, $100,000 per accident for injuries, and $25,000 for property damage
• Transporting a passenger: Coverage increases to at least $1,000,000 for injuries and property damage

The driver, the TNC, or both can provide this insurance. Drivers must carry proof of coverage and disclose their rideshare status if they are involved in an accident.

Fault & Negligence Laws

Modified comparative negligence

Under Arkansas law, fault is compared between all parties involved in an accident to determine compensation. If you are found to be less than 50% at fault, you can recover damages, but the amount will be reduced by your percentage of fault. For example, if you are 20% responsible for an accident and your total damages are $10,000, your compensation will be reduced by 20%, leaving you with $8,000. 

However, if you are 50% or more at fault, you cannot recover any damages. This system ensures that compensation is proportional to each party’s responsibility for the accident.

Multi-vehicle collisions

In Arkansas, multi-vehicle collisions are handled using the modified comparative negligence system. Fault is assigned to each driver involved based on their actions leading to the accident. For instance, one driver might be found responsible for following too closely, while another might be at fault for failing to signal or stop.

Each driver's percentage of fault is calculated, and compensation is adjusted accordingly.

Passenger rights

Passengers are typically not held liable for accidents since they do not control the vehicle. In accidents, passengers can seek compensation from any at-fault driver, and liability is divided based on each driver’s role in the crash. However, exceptions exist—passengers may be partially liable if their actions, such as distracting the driver, directly caused the accident. 

Additionally, passengers can use their uninsured/underinsured motorist (UM/UIM) coverage, health insurance, or MedPay to quickly address injuries and medical expenses.

Statute of Limitations

In Arkansas, the statute of limitations sets a time limit for filing personal injury lawsuits, typically within three years of the date of the injury. This three-year rule applies to most cases, including injuries and wrongful death claims, with the clock starting from the date of injury or death.

Certain exceptions may extend this time frame:

• If the injured party is under 21 or legally incapacitated, they have up to three years after reaching the age of majority or until the disability is removed to file
• If the defendant is hiding or out of state, the clock pauses until the defendant can be located
• The discovery rule applies when the injury isn’t immediately apparent, allowing the clock to start only when the injury is discovered or reasonably should have been discovered

Procedures for MVAs & Police Involvement

When to report an accident

Drivers in Arkansas are required to immediately notify law enforcement if an accident results in:

• Injury or death of any person
• Property damage totaling $3,000 or more

Additionally, all individuals involved in the accident must remain on the scene and make themselves available to the responding officers. This requirement applies to all drivers, including those operating vehicles for hire, such as taxis or buses.

Filing a report

If a crash meets the reporting criteria, drivers must:

• Notify the nearest law enforcement agency immediately
• Provide officers or other involved parties with personal and vehicle information, including license plate numbers
• Cooperate with the investigation and, if necessary, submit a supplemental report if the initial one is deemed insufficient
• For crashes not reported to law enforcement at the scene, drivers must fill out an accident report (SR-1) and email it to the Arkansas Department of Finance and Administration within 30 days

How to access accident reports

To obtain a copy of your accident report in Arkansas, you can:

• Online: Visit the Arkansas Department of Public Safety website to request and download a copy
• In-person: Visit a local Arkansas State Police Department office with the crash report request
• By mail: Submit a completed crash report request form, a copy of your ID, and a self-addressed envelope to:
  • Arkansas State Police
  • Attn: Crash Records Station
  • One State Police Plaza Drive
  • Little Rock, AR 72209

A $10 fee applies for each report, typically available within ten business days. These reports contain key details such as accident location, injuries, property damage, and witness statements.

Types of Compensation Available & Limits

In Arkansas, individuals injured in accidents can seek compensation in the form of economic and non-economic damages:

• Economic damages: These cover measurable financial losses such as medical expenses, lost wages, and property damage
• Non-economic damages: These compensate for intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life

Under the Arkansas Constitution, no limits can be placed on compensatory damages awarded in personal injury cases.

Punitive damages: These are designed to punish defendants for particularly harmful or reckless behavior and deter similar actions in the future. In Arkansas, the law limits punitive damages to more than $250,000 or three times the amount of compensatory damages awarded, whichever amount is larger. However, there is a maximum limit: the total cannot exceed $1,000,000.

These limits do not apply if clear evidence shows the defendant intentionally caused harm at the time of the injury or it is proven that the defendant’s actions directly harmed the plaintiff.

Claims against the state: According to the Arkansas Constitution, Art. 5, § 20, the State of Arkansas cannot be sued in its courts. However, certain personal injury claims against the state may be filed with the Arkansas State Claims Commission instead of in state court. The Commission reviews claims and determines if compensation is warranted.

Medical Payments & Health Coverage

After a car accident in Arkansas, there are several ways to manage medical expenses:

• At-fault driver's insurance: If another driver is at fault, their liability insurance should cover your medical bills up to their policy limits. This often requires proving fault and negotiating with the insurer
• PIP/MedPay coverage: If you have Personal Injury Protection (PIP) or Medical Payments Coverage (MedPay) through your car insurance, these policies can cover medical expenses regardless of fault. MedPay typically provides up to $5,000 for costs like hospital visits, therapy, or other treatments
• Uninsured/Underinsured Motorist Coverage (UM/UIM): If the at-fault driver doesn’t have sufficient insurance, your UM/UIM coverage can help cover medical bills and other expenses
• Your health insurance: Health insurance can also pay for accident-related medical costs. However, your insurer may seek reimbursement from any settlement you receive, a process known as subrogation
• Medical liens: Healthcare providers may agree to treat you and delay payment until your personal injury claim is resolved. They place a lien on your settlement, ensuring they’re paid before you receive funds
• Out-of-pocket payments: If no other options are available, you may need to cover medical expenses yourself. These payments can later be included in your claim against the at-fault party

Unique Local Considerations

Arkansas’s varied climate and geography present unique challenges for drivers throughout the year.

• Severe thunderstorms and tornadoes: Arkansas is part of Tornado Alley and frequently experiences strong storms and tornadoes, especially during spring and fall. These can lead to road closures, fallen trees, and power outages
• Winter weather: Icy roads and occasional snowfall in northern and higher-elevation areas of the state can make driving hazardous, particularly during the winter months
• Flooding: Heavy rain often causes flash flooding in low-lying areas, especially near rivers and the Arkansas Delta. Rural roads are particularly prone to water damage and washouts
• Wildlife hazards: Arkansas’s rural highways are home to frequent wildlife crossings, especially during rut season when deer activity peaks in November. Deer are most likely to cross roads at dawn and dusk, and drivers should stay alert, particularly on forested or rural routes, to avoid collisions

Drivers are encouraged to stay updated on weather alerts, avoid driving through flooded areas, and equip vehicles with tires and maintenance suitable for icy or wet conditions.

You can use resources like IDrive Arkansas for real-time updates to help navigate the state’s roads more efficiently. Managed by the Arkansas Department of Transportation, this tool provides valuable information, including weather conditions, road closures, incident reports, and traffic updates. 

Local Resources & Contacts

Arkansas Department of Transportation (ARDOT): www.ardot.gov

Arkansas Insurance Department (AID): www.insurance.arkansas.gov

Arkansas Department of Finance and Administration (DFA): https://www.dfa.arkansas.gov/

Arkansas Department of Public Safety (ADPS): https://dps.arkansas.gov/

Arkansas State Police (ASP): https://dps.arkansas.gov/law-enforcement/arkansas-state-police/