Arkansas · Comparative fault · Updated Oct 2026

Comparative fault in Arkansas: who pays when both drivers share the blame

How modified comparative fault with a 50% bar works in Arkansas, the law behind it and how insurers apply it.

Short answer

In Arkansas, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side).

Rule
Modified (50% bar)
You recover nothing at
50% of the fault or more
Law
Ark. Code Ann. § 16-64-122
Insurance system
Fault (tort)

Insurance and small claims in Arkansas

Arkansas is a fault state: the driver who caused the crash (and their liability insurer) pays for others' injuries and damage. By law you must buy only liability insurance.

Small claims limit for car damage in Arkansas: $5,000. Arkansas small claims guide on Small Claims Map

How fast an insurer must handle a claim in Arkansas

  • Arkansas Insurance Department Rule 43 (Unfair Claims Settlement Practices): insurers must acknowledge a claim within 15 working days.
  • They must finish their investigation within 45 calendar days unless that's not reasonably possible, and then they must tell you why they need more time.
  • On a claim under your own policy, they must accept or deny it within 15 working days after receiving proof of loss, or explain in writing why they need more time.

If the insurer says you were partly at fault

  1. Get the police report. Arkansas State Police keeps all crash reports in the state. Reporting a crash in Arkansas and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Arkansas Insurance Department, Consumer Services Division.
  4. Sue before the deadline: 3 years for both property damage and injury.

Who pays in Arkansas: fault and payout explainer

Modified comparative fault (50% bar)In Arkansas, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side).

Free help in Arkansas

Questions about comparative fault in Arkansas

Is Arkansas a comparative negligence state?

Yes, modified comparative negligence with a 50% bar. Ark. Code Ann. § 16-64-122.

Where can I complain if an insurer blames me unfairly in Arkansas?

Arkansas Insurance Department, Consumer Services Division: https://insurance.arkansas.gov/consumer-assistance/consumer-services/file-a-complaint/ · 1-800-852-5494

How fast must an insurer handle a car insurance claim in Arkansas?

Arkansas Insurance Department Rule 43 (Unfair Claims Settlement Practices): insurers must acknowledge a claim within 15 working days. They must finish their investigation within 45 calendar days unless that's not reasonably possible, and then they must tell you why they need more time.

How do I get the police report in Arkansas?

Arkansas State Police keeps all crash reports in the state. Buy a copy online at crashreports.ark.org. The fee is $25 per report. Most reports are ready within 10 business days. For crashes with juvenile occupants, call the Crash Records Section at (501) 618-8130. https://crashreports.ark.org/

More for Arkansas drivers

Nearby states

Sources

Last checked: Oct 24, 2026.