Arkansas Fault Rule
Modified Comparative Negligence (50% Bar): Arkansas enforces a 50% modified comparative fault bar. A claimant can recover damages only if their fault is less than the defendant's fault (49% or less); an equal 50/50 fault allocation bars recovery completely.
Statute of Limitations
3 Years (Ark. Code Ann. § 16-64-122 & § 16-56-105): Claimants must finalize settlement agreements or initiate formal civil actions within 3 years of the collision date.
Statutory Insurance Minimums
25/50/25 ($25k bodily injury / $50k per accident / $25k property damage): These mandatory insurance minimums represent the maximum available coverage under standard policies unless the driver purchased higher optional coverage.
How Fault Apportionment Affects Claims in Arkansas
When negotiating auto accident claims in Arkansas, insurance adjusters calculate damages using an itemized formula that adds economic losses (medical bills, future treatment, lost earnings, property repair) to non-economic damages (pain and suffering, loss of enjoyment of life).
Under Arkansas Code Annotated § 16-64-122, if the fault chargeable to the claimant is equal to or greater in degree than any fault chargeable to the defendant, the claimant cannot recover damages. If the claimant's fault is less (49% or less), damages are diminished in proportion to the fault allocated. Arkansas provides a 3-year statutory deadline to file or settle under Ark. Code § 16-56-105. Understanding this threshold prevents accident victims from being pressured into unfair initial liability splits during adjusters' telephone recorded statements.