How the Arkansas car accident statute of limitations works
The Arkansas car accident statute of limitations gives you three years. Call free to confirm your date.
Arkansas gives you three years from a crash to sue, a year longer than many nearby states. The same three years cover your injuries and your car. The catch is the fault rule: if you are found half to blame or more, you get nothing, under section 16-64-122.
The deadlines in Arkansas
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Three years | Ark. Code 16-56-105 |
| Car or property damage lawsuit | Three years | Ark. Code 16-56-105(6) |
| Shared fault | Barred at 50 percent or more | Ark. Code 16-64-122 |
| Minimum liability cover | $25,000 / $50,000 / $25,000 | Arkansas Insurance Department |
| Personal injury protection | On every policy unless rejected in writing | Arkansas Insurance Department |
Filing is not enough in Arkansas: the papers must be served
Three years sounds generous, but the suit has to be filed and properly served. In one Arkansas crash case, the injured people sued in time. The out-of-state defendants were never served correctly within the three years, so the claim was lost, in McCue v. Dominguez.
Arkansas does have a safety net. A case dropped without a ruling on the merits is called a nonsuit. The savings statute then allows one year to refile, as noted in Ivy v. Nugent.
The Arkansas 50 percent rule
Arkansas compares your fault with the other driver’s. If yours is less, your award is cut by your share. If yours is equal or greater, you recover nothing, as the Court of Appeals explained in Marx v. Huron Little Rock. A 50-50 split means you lose, so a small shift in the story matters.
Only fault that helped cause the harm counts.
Insurance after an Arkansas wreck
Arkansas is an at-fault state. Every driver must carry at least $25,000 per person, $50,000 per crash and $25,000 for property, says the Arkansas Insurance Department.
Arkansas policies also come with personal injury protection, which pays medical bills, some lost wages and a death benefit regardless of fault. Drivers must reject it in writing to go without, so check your own policy first.
When to call an Arkansas car accident lawyer
Call well before the third anniversary and sooner if the other driver has moved away. Service problems are what sink late cases. An attorney can file, serve and press the insurer while there is time. The call is free and you pay nothing unless the lawyer wins.
Other states: Missouri, Tennessee, Mississippi, Louisiana, Oklahoma or every state on one page.
Arkansas car accident statute of limitations questions
How long do I have to sue after a car accident in Arkansas?
Three years from the crash, for both injuries and vehicle damage, under Ark. Code 16-56-105.
Can I recover if I was partly at fault in Arkansas?
Yes, if your share is smaller than the other driver’s. At 50 percent or more, you recover nothing.
Is Arkansas a no-fault state?
No. The at-fault driver pays through liability insurance. Your own personal injury protection, if you kept it, can pay early bills without waiting on fault.
What if my Arkansas case was dismissed?
If you took a nonsuit, a voluntary dismissal, you usually get one year to refile. Ask a lawyer quickly, since that year runs from the dismissal.
Before the clock runs out
In Arkansas, a 50-50 fault split means no recovery, so the insurer will push blame your way. Call before you sign a release and a lawyer will check the offer and your deadline free.
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