No, Arkansas is not a no-fault state. Arkansas is a tort state, which means the at-fault driver in an accident uses their liability insurance to pay for other people’s medical bills and repair expenses up to the limits of the policy. Drivers in Arkansas do have the option to purchase personal injury protection (PIP) insurance to pay for their own injuries after an accident, but the state does not limit their ability to sue an at-fault driver for compensation. As a result, Arkansas is a type of tort state that is often referred to as an “add-on” no-fault state.
In tort states like Arkansas that give drivers the option to purchase PIP, you can get the quick payout of a no-fault state while still being able to sue the at-fault driver for your expenses, including pain and suffering. Without PIP, you’ll have to wait for fault to be determined before you can have your medical expenses covered by the at-fault driver’s insurance company.
How Fault Affects Lawsuits in Arkansas
In Arkansas, it’s possible for fault to be shared by drivers. Specifically, Arkansas has modified comparative negligence laws.
- If you are 50% or more at fault, you can’t collect damages from the other driver.
- If you’re less than 50% at fault, you can collect damages minus the percentage that you’re at-fault.
For example, if you’re 30% at fault, you can recover 70% of what you spent on damages after the crash. Arkansas has a statute of limitations of 3 years after a car accident. That means you have 3 years from the time of the accident to sue the at-fault driver, or vice versa.
Arkansas vs Other Tort/Fault States
|Tort or No-Fault
|Average Annual Car Insurance Premium
|Statute of Limitations
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