Car Accident Statute of Limitations in Arkansas
Last verified 2026-07 · Source: Ark. Code Ann. § 16-56-105 ✓ verified · 3 sources
The deadline
3 years
from The three-year limitations period runs from the date of the accident, when the cause of action accrues (Ark. Code Ann. § 16-56-105)., under Ark. Code Ann. § 16-56-105.
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Arkansas law sets a hard deadline of 3 years to file a car accident lawsuit. The controlling statute is Ark. Code Ann. § 16-56-105, and the clock generally starts on The three-year limitations period runs from the date of the accident, when the cause of action accrues (Ark. Code Ann. § 16-56-105).. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Arkansas Deadlines for Related Claims
When the Clock Starts
In Arkansas, the limitations period for car accident lawsuits generally begins on The three-year limitations period runs from the date of the accident, when the cause of action accrues (Ark. Code Ann. § 16-56-105).. Arkansas does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Crash claims against the State of Arkansas go to the Arkansas State Claims Commission; cities and counties are immune except to the extent of any motor-vehicle liability insurance they carry (Ark. Code Ann. § 21-9-301).
Arkansas tolls the limitations clock for crash victims who are minors (under 21) under Ark. Code Ann. § 16-56-116, so their three-year period does not begin to run until they reach majority. The Arkansas Code is published exclusively through LexisNexis, which offers only session-based (non-durable) URLs, so the durable free Justia code page is used as the official source of record.
Source: Ark. Code Ann. § 16-56-105, official Arkansas statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Arkansas government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Arkansas Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Arkansas | 3 years | Ark. Code Ann. § 16-56-105 |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Tennessee | 1 yr | Tenn. Code Ann. § 28-3-104 |
| Mississippi | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Louisiana | 2 yrs | La. Civ. Code art. 3493.1 |
| Texas | 2 yrs | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12, § 95(A)(3) |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Arkansas?
You have 3 years from The three-year limitations period runs from the date of the accident, when the cause of action accrues (Ark. Code Ann. § 16-56-105)., under Ark. Code Ann. § 16-56-105.
Can I still sue after 3 years in Arkansas?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Arkansas generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Crash claims against the State of Arkansas go to the Arkansas State Claims Commission; cities and counties are immune except to the extent of any motor-vehicle liability insurance they carry (Ark. Code Ann. § 21-9-301).
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Sources
- Official Arkansas Code § 16-56-105 (2024) - Actions with limitation of three years (Justia; used as official-of-record because Arkansas Code is only durably available via commercial LexisNexis)
- Corroborating Arkansas Code Title 16, § 16-56-105 - Actions with limitation of three years (FindLaw Codes)
- Corroborating Arkansas Car Accident Laws (Nolo) - confirms 3-year deadline under Ark. Code § 16-56-105 running from date of accident
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Arkansas attorney.