Can I file a diminished value claim against my own insurer in Arkansas?

No — Arkansas limits DV recovery to third-party claims against the at-fault driver's insurer.

Does Arkansas use comparative or contributory negligence?

Arkansas uses the Modified comparative rule.

ARKANSAS (AR)

Arkansas Diminished Value Claim — Recover $2,000 – $9,000

Arkansas is a Modified comparative state with a 3 years for property damage. DV recovery is available against the at-fault driver's insurer. USPAP-compliant appraisal report delivered in 24 hours.

Get Your Free Estimate Order DV Report — $249

Fault Rule

Modified comparative

Statute of Limitations

3 years for property damage

Typical Recovery

$2,000 – $9,000

Small Claims Limit

$5,000

Arkansas Diminished Value Law — What You Need To Know

Arkansas Farm Bureau dominates the rural market and tends to handle DV by adjuster discretion rather than formula, which means a strong appraisal report carries unusual weight. Little Rock and Fayetteville comparables generally yield higher DV than Delta counties.

Statute citation

Ark. Code §16-56-105

Landmark case

Hoover v. Berkely (Ark., 1968) — DV is part of measure-of-damages.

First-party DV

❌ Not available

Third-party DV

✅ Allowed

Appraisal clause

Standard in most policies

Small claims limit

$5,000

Arkansas Filing Tip

Modified comparative cuts off DV recovery at 50% fault — protect the file with witness statements early.

What Drives DV Settlements in Arkansas

Comparable sales of similar wreck-free vehicles in the same regional market, paired with a USPAP-compliant report citing repair severity and structural damage.

How to File a DV Claim in Arkansas

1
Complete repairs at a licensed body shop and obtain a complete itemized repair invoice with all OEM/aftermarket part designations.
2
Order a USPAP-compliant diminished value appraisal report grounded in Little Rock-area comparable sales (TOP-DV delivers within 24 hours for $249).
3
Submit a written demand to the at-fault driver's insurer with the appraisal attached, citing Ark. Code §16-56-105 and Hoover v. Berkely (Ark., 1968).
4
If the carrier refuses or counters low, invoke the appraisal clause in writing.
5
Settlement typically reached within 4-10 weeks once a credible appraisal is on file.

Escalation: Arkansas Insurance Department

File a complaint with Arkansas Insurance Department

https://insurance.arkansas.gov/pages/consumer-services/file-a-complaint/

If the at-fault carrier refuses to negotiate after receiving a USPAP-compliant appraisal, file simultaneously with the state DOI — this regulatory pressure routinely accelerates settlement.