Is Arkansas an At-Fault State? How Fault Decides Who Pays After a Car Accident in Arkansas
Arkansas uses a fault-based, or tort, system: the driver who causes a crash is responsible for the damage, and that driver’s liability insurance pays up to its limits. Fault is compared, not handed out all or nothing, and your own policy may carry coverage that pays medical bills before anyone agrees on who caused it.
Is Arkansas a no-fault state?
No. Arkansas is a fault state. The person who causes a crash is responsible for the injuries and damage, and you can bring a claim against that driver or sue them. Arkansas does put personal injury protection (PIP) on auto policies, which is why it sometimes gets mislabeled as no-fault. This is general information, not legal advice.
The at-fault driver’s liability pays others
Every Arkansas driver must carry liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage under Ark. Code § 27-22-104. That coverage pays the people the insured driver hurts, up to its limits.
Your right to sue is not restricted
In true no-fault states, an injured person must usually use their own coverage first and can sue only past a threshold. Arkansas has no such limit. The Insurance Information Institute classifies Arkansas as an add-on state: first-party benefits are added, but lawsuits are not restricted.
PIP is added, not a substitute for fault
Under Ark. Code § 23-89-202, PIP is included on private passenger auto policies and pays certain medical, income and death benefits without regard to fault. A named insured can reject it in writing under § 23-89-203. It sits alongside the fault system rather than replacing it.
If you moved from a no-fault state
Expect the other driver’s insurer, not your own, to be the main source of payment when someone else causes the crash. Our checklist for new Arkansas residents covers the other differences to look for when you switch policies.
Fault and coverage are two separate questions
Fault decides whose liability insurance owes the other person. Your own coverages, such as PIP, collision and uninsured motorist, decide what you can claim from your own insurer, and some of them pay before fault is settled.
What happens if you are partly at fault for a car accident in Arkansas?
Your recovery is reduced by your share of the fault, and it drops to zero once your share equals or exceeds the other driver’s. Arkansas follows a modified comparative fault rule written into Ark. Code § 16-64-122.
The rule in one sentence
If your fault is less than the fault of the driver you are claiming against, you recover your damages reduced by your own percentage. If your fault is equal to or greater than theirs, you recover nothing. Fault covers any act, omission or breach of a legal duty that is a proximate cause of the damage.
A worked example at 20%
Say your damages are $40,000 in medical bills, lost wages and car repairs. If you are found 20% at fault and the other driver 80%, your recovery is reduced by 20%, or $8,000, so you can recover up to $32,000 from the other driver, subject to their liability limits.
The same crash at 50% and 60%
If the fault splits 50/50, your share equals the other driver’s and you recover nothing from them. At 60% your share is greater, so again nothing. The 50% line is the bar, which is why small facts such as a late signal or speed matter so much in a disputed crash.
Limits can cap what you collect
Even when fault is clearly the other driver’s, their insurer pays only up to the policy limits. If your losses run higher, read our guide on what happens when a claim exceeds insurance limits.
Which insurance pays for what after an Arkansas car accident?
The other driver’s liability pays when they are at fault, and several of your own coverages can pay sooner or when theirs falls short. Your declarations page shows which ones you carry.
| What needs paying | Coverage that usually responds | Waits for fault? |
|---|---|---|
| Your medical bills, right away | Your own personal injury protection under § 23-89-202, unless rejected in writing | No, paid without regard to fault |
| The other person’s injuries and car | The at-fault driver’s liability coverage, at least 25/50/25 under § 27-22-104 | Yes |
| Your car repaired | The at-fault driver’s property damage liability, or your own collision coverage | Their insurer, yes. Your collision, no |
| The at-fault driver has no insurance | Your uninsured motorist coverage under § 23-89-403, unless rejected in writing | Fault matters, but you claim against your own policy |
| Their limits run out | Your underinsured motorist coverage, if you carry it | Fault matters, but you claim against your own policy |
| You caused the crash | Your liability pays the others. Your collision, if you carry it, pays for your car | Not for your collision |
Uninsured drivers are a real part of the picture here: the Insurance Research Council estimated that 12.1% of Arkansas drivers were uninsured in 2023, about 1 in 8. Our guide to uninsured motorist coverage in Arkansas explains how that coverage works, and our overview of the types of car insurance covers each line on the table.
What does PIP pay regardless of fault in Arkansas?
Up to $5,000 per person in medical and hospital expenses, part of your lost income and a death benefit, under Ark. Code § 23-89-202. It pays whoever caused the crash, which is what makes it useful while the insurers argue about fault.
The benefits
Medical and hospital expenses up to $5,000 per person incurred within 24 months of the accident, 70% of lost income up to $140 a week for up to 52 weeks after an eight-day wait, and a $5,000 death benefit.
It is included unless rejected in writing
PIP is not something you have to add. It is part of a private passenger policy unless a named insured turns it down in writing, and once rejected the insurer does not have to offer it again at renewal (§ 23-89-203). Check whether it is on your declarations page.
Your insurer may be repaid later
If you later recover from the at-fault driver, Ark. Code § 23-89-207 lets your insurer be reimbursed from that recovery for the PIP it paid, less its share of collection costs. Arkansas courts apply the made-whole doctrine to that right.
What should you do after a car accident in Arkansas?
Stop, help anyone hurt, call the police when the law requires it, exchange information and report the crash to your insurer. Arkansas law sets several of these duties in Title 27, Chapters 53 and 19.
- Stop at the scene and stay.
Ark. Code § 27-53-102 requires a driver in a crash that damages another vehicle or property to stop at or as close to the scene as possible and remain until the information duties are met. If no one is hurt and the car can be driven, move it out of the roadway.
- Give your information and help anyone injured.
Under § 27-53-103, give your name, address and vehicle registration number, show your driver’s license if asked, and give reasonable help to an injured person, including arranging transport for medical care when it is needed or requested.
- Call the police when the crash is reportable.
Under § 27-53-202 as amended in 2023, the driver must notify the nearest law enforcement agency immediately when a crash injures or kills anyone or causes apparent property damage of $3,000 or more in total. Everyone involved must make themselves available to the investigating officers.
- File the state accident report if required.
Separately, § 27-19-501 requires a driver in a crash with any injury or death, or more than $1,000 in property damage to any one person, to report it to the Office of Driver Services within 30 days. The Department of Finance and Administration says this applies regardless of who is at fault.
- Document what you can, but do not argue fault.
If it is safe, photograph the vehicles where they stopped, the damage and the road. Exchange insurance information and describe what happened factually. Leave conclusions about percentages to the adjusters.
- Report it to your own insurer promptly.
Do this whatever you believe about fault. Ask which coverages apply, whether PIP is on the policy and whether your collision coverage will pay first and pursue the other insurer. Our guide on being rear-ended in Arkansas walks through that choice for one common crash.
How long do you have to file a claim after a car accident in Arkansas?
For a lawsuit, Arkansas courts generally apply a three-year limitation to negligence claims under Ark. Code § 16-56-105. Your policy sets a much shorter expectation for telling your own insurer, usually promptly.
The three-year legal deadline
Arkansas courts apply the three-year statute of limitations in § 16-56-105 to negligence actions, which includes most car accident injury and property claims. Deadlines can have exceptions, so talk with an Arkansas attorney about a specific claim rather than relying on a general rule.
Your policy’s notice requirement
Auto policies ask you to report an accident promptly and cooperate with the investigation. Waiting weeks to tell your insurer makes a claim harder to handle and can create a dispute of its own, so report first and sort out fault later.
A reported crash can trigger a security notice
Under Arkansas’s safety responsibility law, a driver involved in a reported crash may receive a notice of security requirement or suspension, and a hearing request must be received within 20 days of receiving that notice, according to the Department of Finance and Administration.
Fault and your premium
An at-fault crash can raise your rate at renewal, while a not-at-fault claim may be treated differently. Our guide to car insurance after an at-fault accident explains how insurers look at it and how long it lasts.
We do not decide fault. We can show you what your policy pays.
Cribb Insurance Group is an independent agency in Bentonville serving drivers across Northwest Arkansas, from Rogers and Springdale to Fayetteville and Bella Vista. Send us your declarations page and we will show you whether PIP, uninsured and underinsured motorist coverage and collision are on it, and how your liability limits compare with what a serious crash can cost. If something is missing, we compare options from multiple insurance companies.
Ask Cribby about fault after a car accident
Cribby is Cribb Insurance Group’s AI assistant for general insurance questions. Start with one of these, or ask your own. For your own policy, talk with our team.
Want to see what your current policy says? Upload your declarations page to Coverage Compare. It shows whether personal injury protection, medical payments, uninsured and underinsured motorist coverage and collision are on your policy, so you know what can pay regardless of fault.
Use Coverage CompareFault and car accidents in Arkansas: common questions
Is Arkansas a no-fault state for car accidents?
No. Arkansas uses a fault-based, or tort, system. The driver who causes a crash is responsible for the damage, and an injured person can claim against that driver’s liability insurance or sue them. Arkansas adds personal injury protection to auto policies, which pays some benefits regardless of fault, but it does not restrict the right to sue.
Is PIP required in Arkansas?
Not in the sense that you must buy it. Under Ark. Code § 23-89-202, personal injury protection is included on private passenger auto policies, and a named insured can reject it in writing under § 23-89-203. If it was rejected, it will not appear on your declarations page and the insurer does not have to offer it again at renewal.
Can I recover if I was partly at fault?
Yes, if your share of the fault is less than the other driver’s. Under Ark. Code § 16-64-122, your damages are reduced by your percentage. At 20% fault, a $40,000 loss becomes a $32,000 recovery. If your share equals or exceeds the other driver’s, such as a 50/50 split, you recover nothing from them.
Who decides who was at fault?
In most claims, the insurance companies’ adjusters decide, using the police report, statements, photos and the vehicle damage. If the drivers or insurers cannot agree, fault can be settled in court, where a judge or jury assigns the percentages. Describe what happened factually and let the evidence carry the argument.
Do I have to call the police after a minor accident in Arkansas?
You must notify the nearest law enforcement agency immediately when a crash injures or kills anyone or causes apparent property damage of $3,000 or more in total, under Ark. Code § 27-53-202. A separate state report to the Office of Driver Services is due within 30 days when anyone is hurt or property damage to one person exceeds $1,000.
How long do I have to sue after a car accident in Arkansas?
Arkansas courts generally apply a three-year statute of limitations to negligence claims under Ark. Code § 16-56-105, typically measured from the accident. Exceptions exist, so talk with an Arkansas attorney about any specific claim. Report the accident to your own insurer right away, because your policy expects prompt notice.
What if the driver who hit me has no insurance?
Your uninsured motorist coverage is designed for that. Under Ark. Code § 23-89-403, it is included on Arkansas auto liability policies unless a named insured rejects it in writing. You still need to show the other driver was at fault, but the claim is made against your own policy. Collision coverage can repair your car.
Sources we checked for this guide:
- Ark. Code § 16-64-122, comparative fault
- Ark. Code § 23-89-202, personal injury protection
- Ark. Code § 27-53-202 (2024), reports of accidents to law enforcement
- Ark. Code § 27-19-501, accident report to the Office of Driver Services
- Arkansas DFA Office of Driver Services: safety responsibility
- Ark. Code § 16-56-105, three-year limitation
- Insurance Information Institute: no-fault and add-on state laws
Insurance answers you can understand. From a local agency you can know.
We believe good insurance decisions start with clear information. Our Northwest Arkansas insurance guides explain coverage, pricing considerations and policy differences in everyday language, so you can shop with greater confidence.
Know what pays before you need to ask.
Send us your declarations page or start a quote. We will show you whether personal injury protection, uninsured motorist coverage and collision are on your policy, what your liability limits would cover in a serious crash, and how options from multiple insurance companies compare if anything is missing.
A quote is an estimate. It is not a guarantee of final premium, coverage or eligibility. The insurance company sets the actual rate and the actual coverage terms after its underwriting review, and they may differ from any figure shown here. Cribb Insurance Group Inc is an independent insurance agency, not an insurance company. Your insurance company issues the policy and pays covered claims. Coverage cannot be bound, changed or cancelled through this website, email, social media or voicemail, and is not in force until Cribb Insurance Group Inc or the insurance company confirms it in writing. Coverage, eligibility, discounts and prices vary by insurance company, policy and individual situation. Cribb Insurance Group Inc, 1601 SW Regional Airport Blvd, Bentonville, AR 72713, (479) 286-1066.