If you’ve been in a car accident in Fayetteville, Arkansas, you may wonder about your state’s insurance system. The answer matters because it affects how you pursue compensation for your injuries and damages. Arkansas is an at-fault state, not a no-fault state. This means the driver who caused the accident is generally responsible for paying damages through their insurance. Understanding how Arkansas’s at-fault system works—and the state’s modified comparative negligence rule—helps you know what to expect after an accident and how to protect your rights.
Why Choose Odom Law Firm for Your Arkansas Car Accident Claim
Odom Law Firm has helped Fayetteville residents with car accident claims for years. The firm understands Arkansas’s fault laws and how they can affect your case. The team works to help you understand your options and pursue compensation for injuries, medical bills, lost wages, and other damages. They handle the insurance companies and legal details so you can focus on healing. You can contact Odom Law Firm for a free consultation to discuss your accident and learn more about your options.
Arkansas Is an At-Fault State, Not a No-Fault State
What Does “At-Fault” Mean?
In an at-fault state like Arkansas, the driver who caused the accident is responsible for paying damages. This typically means the at-fault driver’s insurance company pays for the injured person’s medical expenses, property damage, lost wages, and other losses, up to policy limits. If you’re injured in a car accident, you usually file a claim with the other driver’s insurance company. The insurance company then investigates the accident and decides whether to pay your claim based on its assessment of fault.
This is different from no-fault states, where each driver’s own insurance pays certain benefits regardless of who caused the accident. Arkansas is not a no-fault state. You generally cannot simply rely on your own policy for all damages caused by another driver; instead, you must show that the other driver was at fault to recover from their liability coverage.
Arkansas’s Modified Comparative Negligence Rule
Arkansas follows a modified comparative negligence rule. Under this rule, you may recover damages even if you share some responsibility for the accident—but only if you are found to be less than 50% at fault. If you are 30% at fault and the other driver is 70% at fault, you can recover 70% of your damages. Your percentage of fault reduces your recovery by that same percentage. If you are 50% or more at fault, you cannot recover damages from the other driver.
For example, imagine you were hit by another car while making a left turn. The other driver was speeding, but you did not see them in time. A fact-finder might determine you were 30% at fault for not yielding properly and the other driver was 70% at fault for speeding. In that scenario, you could recover 70% of your damages. If you were found 50% or more at fault, you would not be able to recover.
Minimum Insurance Requirements in Arkansas
Arkansas law requires all drivers to carry liability insurance with at least:
- 25,000 dollars for bodily injury per person
- 50,000 dollars for bodily injury per accident
- 25,000 dollars for property damage
These minimums are intended to cover the other person’s injuries and property damage if you cause an accident. However, serious accidents often result in damages that exceed these minimums. If the at-fault driver’s insurance limits are too low to cover all of your losses, you may look to your own insurance (such as uninsured/underinsured motorist coverage) or consider a lawsuit against the at-fault driver to pursue additional recovery.
Optional No-Fault Coverage in Arkansas
What Is Personal Injury Protection (PIP)?
Arkansas is sometimes described as an “add-on” state because certain no-fault-type benefits are optional rather than mandatory. This optional coverage is commonly referred to as Personal Injury Protection, or PIP. PIP can pay for medical expenses, a portion of lost wages, and certain other benefits regardless of who caused the accident, subject to policy terms and limits.
PIP typically covers medical expenses related to the accident, including hospital bills, doctor visits, and rehabilitation. It may also cover a portion of lost wages if you cannot work due to your injuries, and some policies include limited death or funeral benefits. Insurers often offer a baseline PIP amount, and drivers may be able to select higher limits for an additional premium.
Should You Add PIP to Your Policy?
Adding PIP to your insurance policy can provide additional protection. If you are injured in an accident, PIP can help pay medical bills and a portion of lost wages more quickly than waiting for a liability claim to resolve. This can be especially helpful when the at-fault driver’s insurer is still investigating or disputing fault, or if the other driver has no insurance or inadequate coverage.
PIP operates alongside your at-fault claim. You can make a PIP claim with your own insurer while also pursuing a claim against the at-fault driver’s insurance. In some situations, your PIP insurer may seek reimbursement from any liability recovery, subject to Arkansas law and the “made whole” doctrine. Because these rules can be technical, it is often helpful to discuss them with an attorney before resolving your claim.
How to File a Claim After a Car Accident in Fayetteville
After a car accident, taking the right steps can help protect your rights and strengthen your claim:
- Check for injuries and call 911 if anyone is hurt.
- Move to a safe location if possible and turn on hazard lights.
- Call the police and wait for an officer to respond so a report can be made.
- Exchange information with the other driver, including name, contact information, and insurance details.
- Photograph the scene, vehicle damage, road conditions, and any visible injuries.
- Obtain contact information from any witnesses.
You should also notify your insurance company as soon as reasonably possible. Arkansas law and insurance policies impose certain reporting requirements, and there are state reporting thresholds for accidents involving injury or significant property damage. When you pursue a claim, you may present your information to the at-fault driver’s insurer (a third-party claim) and, when appropriate, to your own insurer (a first-party claim).
Frequently Asked Questions
Is Arkansas a no-fault state?
No. Arkansas is an at-fault state. Drivers must carry liability insurance, and the at-fault driver’s insurer is generally responsible for paying damages, subject to policy terms and limits. However, drivers may choose to add optional PIP coverage to their own policies for additional protection.
What if I’m partially at fault for the accident?
Under Arkansas’s modified comparative negligence rule, you can recover damages if you are less than 50% at fault. Your compensation is reduced by your percentage of fault. If you are 25% at fault, for example, you may recover 75% of your total damages. If you are 50% or more at fault, you generally cannot recover from the other driver.
What’s the deadline for filing a car accident claim in Arkansas?
Arkansas law imposes a statute of limitations—commonly three years from the date of the accident—for many car accident injury claims. There can be exceptions and nuances depending on the parties and types of claims involved, so it is important to speak with a lawyer promptly. Even though you may have up to several years to file suit, it is better to begin the claims process early while evidence is still available and witnesses’ memories are fresh.
Get Help With Your Arkansas Car Accident Claim
If you’ve been injured in a car accident in Fayetteville, Odom Law Firm can help you navigate Arkansas’s at-fault insurance system and pursue compensation. The firm offers free consultations and handles personal injury matters on a contingency fee basis, meaning you do not owe an attorney fee unless there is a recovery. Call 479-442-7575 or contact us online to speak with the team about your accident and learn more about your options.
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