Ark. Code Ann. » Title 27 Chapter 22
Arkansas Code Annotated

Ark. Code Ann. § 27-22-105 (2026)

Inadequate insurance in an accident — Penalty

✓ current as of May 2026
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  1. When the operator of any motor vehicle is involved in a motor vehicle accident in this state and the vehicle or the operator while driving the vehicle is found not to be adequately insured, as required by § 27-22-104(a)(1), the operator shall be deemed guilty of a Class A misdemeanor.
  2. In addition, if a person is convicted of driving an inadequately insured vehicle that has been involved in an accident under subsection (a) of this section, the court may order that the vehicle be impounded until proof of vehicle insurance coverage is made to the court. The owner of the vehicle impounded shall be responsible for all costs of impoundment.

History. Acts 1993, No. 411, § 1; 1997, No. 991, § 3; 2007, No. 485, §§ 6, 9.

Case Notes

In General.

Trial court did not err when it dismissed a negligence suit brought by injured motorist against the owner of an uninsured motorcycle that was being driven by someone else at the time of the accident because the motorist had failed to state a claim under the Motor Vehicle Safety Responsibility Act, § 27-19-101, et seq., or the Motor Vehicle Liability Insurance Act, § 27-22-101, et seq.Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Construction.

Legislature clearly intended to distinguish operators from owners of motor vehicles by imposing criminal liability solely on the operator of an uninsured motor vehicle that is involved in an accident, while the owner's responsibility is limited to paying the costs of impoundment; in distinguishing the operator from the owner, the legislature has recognized that an owner is not always the operator of the motor vehicle. Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Evidence Sufficient to Sustain Conviction.

Circuit court properly denied defendant's motion to dismiss the charge of inadequate insurance during an accident, where the document he provided at the scene of the accident did not reflect coverage on the day of the collision, and the testimony established that defendant's policy had not been renewed by the date of the collision. Gill v. State, 2015 Ark. 421, 474 S.W.3d 77 (2015).

Cited: Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Notes of Decisions
Cited in 4 cases, 2001–2015 · leading case: Branscumb v. Freeman, 200 S.W.3d 411 (Ark. 2004).
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Branscumb v. Freeman, 200 S.W.3d 411 (Ark. 2004). · cites it 6× “Ark. Code Ann. § 27-22-104 (Emphasis added).”
Gill v. State, 2015 Ark. 421 (Ark. 2015). · cites it 2× “Ark.Code Ann. § 27-22-105(a) (Supp. 2013).”
S. Farm Bureau Cas. Ins. v. Easter, 45 S.W.3d 380 (Ark. 2001). · cites it 2× “At the outset, we recognize that Ark. Code Ann. § 27-22-104 (Supp. 1999) requires minimum liability insurance coverage for a vehicle operated within our state, 2 and a violation of that requirement is a Class A misdemeanor under Ark.”
Gill v. State, 2015 Ark. App. 162 (Ark. Ct. App. 2015). · cites it 2× “Ark. Code Ann. § 27-22-105 (Supp. 2013). At trial, appellant provided proof of insurance on the Dodge Ram pickup that he was driving on March 29, 2012.”
— Ark. Code Ann. § 27-22-105(a) — 1 case
Gill v. State, 2015 Ark. 421 (Ark. 2015). “Ark.Code Ann. § 27-22-105(a) (Supp. 2013).”
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