Arkansas Car Accident Settlement Calculator
In Arkansas, you generally have 3 years to file an injury lawsuit, you recover nothing at 50% fault or more, and drivers must carry at least $25,000/$50,000 in injury liability. Enter your numbers below to see what a Arkansas claim may be worth and what you would actually take home.
- Verified 2026-11-13
- Official sources
- Free · nothing stored
Arkansas rules in 30 seconds
Details & exceptions
Arkansas uses modified comparative fault: an injured person can recover only if their fault is of a lesser degree than the fault of the party or parties they are suing (so 49 percent or less), with damages reduced by their percentage of fault. If their fault is equal to or greater than the defendants' fault (50 percent or more), they recover nothing (Ark. Code 16-64-122(b)). No 2023-2026 change was found.
Details & exceptions
Ark. Code 16-56-105 sets a 3-year period for, among others, 'all actions founded on any contract or liability, expressed or implied' and 'all actions for taking or injuring any goods or chattels'. The statute does not mention personal injury by name, but the Arkansas Supreme Court has held: 'In Arkansas, the statute of limitations for personal-injury claims is three years. Ark. Code Ann. 16-56-105(3)' (Hutcherson v. Rutledge, 2017 Ark. 359). Property damage to a vehicle falls under 'injuring any goods or chattels' (3 years). Wrongful death actions have their own period under Ark. Code 16-62-102 (not read directly).
Details & exceptions
Property damage minimum: $25,000. Ark. Code 27-19-605(a): not less than $25,000 for bodily injury or death of one person, $50,000 for two or more persons, and $25,000 for injury to or destruction of property of others in one accident. No 2023-2026 change to the minimums was found (2025 insurance legislation summaries list no change to these limits).
Details & exceptions
No general cap for typical car accident injury claims. No cap on noneconomic damages. Ark. Const. art. 5, sec. 32 provides that, outside workers' compensation, no law shall limit the amount to be recovered for injuries resulting in death or for injuries to persons or property. The Arkansas Supreme Court relied on it to strike down the statutory punitive damages cap in Bayer CropScience LP v. Schafer, 2011 Ark. 518. Legislative proposals to amend this section to allow caps (e.g. SJR 8 of 2019) were not adopted, as far as found. 2025 change: HB 1204 (signed Feb. 11, 2025, effective Aug. 4, 2025) amended Ark. Code 16-64-120 to limit recoverable past medical expenses to amounts actually paid or still owed; this is not a cap on pain and suffering.
Details & exceptions
Ark. Code 23-89-403(a): auto liability policies must include uninsured motorist coverage at least at the 27-19-605 minimums, but the coverage does not apply when the named insured rejects it in writing, and the rejection continues until withdrawn in writing. Insurers must make UM available up to the insured's liability limits. Underinsured motorist coverage must be offered and may be rejected in writing, and cannot be issued without UM coverage (23-89-209).
Worked example: a typical Arkansas car accident claim
Another driver turned left into you at an intersection in Arkansas: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%.
- Economic damages$20,000Medical bills + expected future treatment + lost wages.
- Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
- Total claim value$40,000 – $60,000Economic + pain and suffering.
- After your share of fault$32,000 – $48,000Arkansas uses modified comparative negligence (50% bar): you recover nothing if you are 50% or more at fault; otherwise recovery is reduced by your 20%.
- Limited by available insurance$32,000 – $48,000At-fault policy limit $100,000 + your UM/UIM $0.
- Estimated take-home$20,440 – $31,160Minus attorney fee (33%), case costs and medical liens.
You would take home about $25,800 ($20,440 – $31,160), after the 33% fee and $1,000 in case costs.
- At 51% fault instead: you would get nothing from the other driver under Arkansas's fault rule.
- If the other driver only had the minimum policy: the $25,000 limit caps the claim, so you would keep about $15,750 unless you have underinsured motorist coverage.
Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.
How much time do you have to file?
General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.
Deadline traps in Arkansas
The 3-year lawsuit deadline is not the only clock. These are the ones people miss:
Claims against the State go to the Arkansas State Claims Commission, not court, and must be filed within the normal limitation period (3 years for injury). Cities and counties are immune except up to their liability insurance; no statutory notice deadline was found.
Ark. Code 19-10-209, Time for filing (State Claims Commission) (FindLaw mirror)Ark. Code 21-9-301, Tort immunity of political subdivisions (FindLaw mirror)Arkansas State Claims Commission FAQ
A child may sue within 3 years after reaching adulthood (age 18), so roughly until age 21.
Ark. Code 16-56-116, Persons under disabilities at time of accrual (FindLaw mirror)
How fast a Arkansas insurer must respond
Arkansas Rule 43 requires insurers to acknowledge any claim, including a third-party claim, within 15 working days and generally finish investigating within 45 calendar days. The 15-working-day accept/deny rule protects first-party claimants.
- Acknowledge your claim15 working days
- Accept or deny15 working days after proof of loss (first-party claims)
- Pay once agreed10 working days after the claim is processed and ready for payment
054.00.15 Ark. Code R. 005, Rule 43: Unfair Claims Settlement Practices (Cornell LII)
If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.
Next steps after a Arkansas crash
- Got an offer? Check if it's fair in Arkansas
- Write a demand letter
- How Arkansas's fault rule compares
- Whiplash claims
- Broken bone claims
- What a lawyer would cost
Frequently asked questions
- What is a typical car accident settlement in Arkansas?
- It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault, a Arkansas claim against the other driver is worth about $40,000, and the injured person takes home about $25,800 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in Arkansas.
- Is Arkansas an at-fault or no-fault state for car accidents?
- Arkansas's car insurance system: At-fault with add-on PIP.
- Is there a cap on pain and suffering in Arkansas car accident cases?
- No general cap for typical car accident injury claims. No cap on noneconomic damages. Ark. Const. art. 5, sec. 32 provides that, outside workers' compensation, no law shall limit the amount to be recovered for injuries resulting in death or for injuries to persons or property. The Arkansas Supreme Court relied on it to strike down the statutory punitive damages cap in Bayer CropScience LP v. Schafer, 2011 Ark. 518. Legislative proposals to amend this section to allow caps (e.g. SJR 8 of 2019) were not adopted, as far as found. 2025 change: HB 1204 (signed Feb. 11, 2025, effective Aug. 4, 2025) amended Ark. Code 16-64-120 to limit recoverable past medical expenses to amounts actually paid or still owed; this is not a cap on pain and suffering.
- What happens if I was partly at fault for an accident in Arkansas?
- Arkansas follows modified comparative negligence with a 50% bar: you recover nothing if you are 50% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
- How long do I have to file a car accident lawsuit in Arkansas?
- Generally 3 years for personal injury and 3 years for property damage. Ark. Code 16-56-105 sets a 3-year period for, among others, 'all actions founded on any contract or liability, expressed or implied' and 'all actions for taking or injuring any goods or chattels'. The statute does not mention personal injury by name, but the Arkansas Supreme Court has held: 'In Arkansas, the statute of limitations for personal-injury claims is three years. Ark. Code Ann. 16-56-105(3)' (Hutcherson v. Rutledge, 2017 Ark. 359). Property damage to a vehicle falls under 'injuring any goods or chattels' (3 years). Wrongful death actions have their own period under Ark. Code 16-62-102 (not read directly).
- What is the minimum car insurance in Arkansas?
- $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage. Ark. Code 27-19-605(a): not less than $25,000 for bodily injury or death of one person, $50,000 for two or more persons, and $25,000 for injury to or destruction of property of others in one accident. No 2023-2026 change to the minimums was found (2025 insurance legislation summaries list no change to these limits).
- What is the deadline to file a claim against the government in Arkansas?
- 3 years (no separate notice). Claims against the State go to the Arkansas State Claims Commission, not court, and must be filed within the normal limitation period (3 years for injury). Cities and counties are immune except up to their liability insurance; no statutory notice deadline was found.
- How long does an insurance company have to respond to a claim in Arkansas?
- Arkansas Rule 43 requires insurers to acknowledge any claim, including a third-party claim, within 15 working days and generally finish investigating within 45 calendar days. The 15-working-day accept/deny rule protects first-party claimants.
Related
- How much of a settlement you actually get
- Personal injury lawyer fees and fee calculator
- Pain and suffering calculator
- Compare car accident rules in every state
Official sources
- Ark. Code 19-10-209, Time for filing (State Claims Commission) (FindLaw mirror)
- Ark. Code 21-9-301, Tort immunity of political subdivisions (FindLaw mirror)
- Arkansas State Claims Commission FAQ
- Ark. Code 16-56-116, Persons under disabilities at time of accrual (FindLaw mirror)
- 054.00.15 Ark. Code R. 005, Rule 43: Unfair Claims Settlement Practices (Cornell LII)
- Ark. Code 16-64-122, Comparative fault (FindLaw mirror, current as of 2024-03-28; secondary copy because the official Arkansas Code is hosted by LexisNexis and could not be read)
- Ark. Code 16-56-105 (FindLaw mirror, current as of 2024-03-28)
- Hutcherson v. Rutledge, 2017 Ark. 359 (Arkansas Supreme Court opinion, opinions.arcourts.gov)
- Ark. Code 27-19-605 (FindLaw mirror, current as of 2024-03-28)
- Mitchell Williams (secondary), 2025 Arkansas insurance legislation summary (P&C)
- Ark. Code 23-89-202 (FindLaw mirror): policies must include $5,000 medical/hospital benefits, income disability (70% of lost income up to $140/week for 52 weeks) and $5,000 accidental death benefits, paid without regard to fault
- Ark. Code 23-89-203 (FindLaw mirror): the named insured may reject these coverages in writing
- Ark. Code 23-89-403 (FindLaw mirror, current as of 2024-03-28)
- Ark. Code 23-89-209 (FindLaw mirror, current as of 2024-03-28)
- Ark. Const. art. 5, sec. 32 (FindLaw mirror)
- MGC Law (secondary), Arkansas law curtails collateral source rule (HB 1204, 2025)