§ 16-58-121 - Method of service -- Nonresident or absent owner, chauffeur, driver, or operator -- Survival of action.
16-58-121. Method of service -- Nonresident or absent owner, chauffeur, driver, or operator -- Survival of action.
(a) (1) The acceptance by a nonresident owner, chauffeur, driver, or operator, or by a resident owner, chauffeur, driver, or operator of any motor vehicle who subsequently absents himself or herself physically from the state, except such nonresident owners or operators, drivers, or chauffeurs as may have a designated agent within this state upon whom valid and binding service of process may be had under the laws of this state, of the rights and privileges conferred by the laws of the State of Arkansas to drive or operate or permit or cause to be operated or driven a motor vehicle upon the public highway, private property, and property owned or controlled by the United States Government within this state as evidenced by his or her or its operating or causing or permitting a motor vehicle to be operated or driven thereon or the operation by a nonresident owner, nonresident operator or chauffeur, or resident owner, operator, or chauffeur subsequently absenting himself or herself from the state, or the causing or permitting by the nonresident owner, nonresident operator or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself physically from the state, of a motor vehicle to be operated on the highway, private property, and property owned or controlled by the United States Government within the State of Arkansas shall be deemed equivalent to the appointment by the nonresident owner, nonresident operator, or chauffeur, or by the resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, whether the nonresident owner, nonresident operator, or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, is an individual, firm, or corporation, of the Secretary of the State of Arkansas or his or her successor in office to be the true and lawful attorney and agent of the nonresident owner, or nonresident operator, or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state upon whom may be served all lawful process in any action or proceedings against him or her against any such person, firm, or corporation, or in the case of death of any such person, against any administrator, executor, or other legal representative of his estate, growing out of any accident or collision in which the nonresident owner, nonresident operator, or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, or any agent, servant, or employee of any such nonresident owner, nonresident operator, or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, may be involved while operating a motor vehicle on a highway, private property, or property owned or controlled by the United States Government within this state, whether the nonresident operator or chauffeur or resident operator or chauffeur subsequently absenting himself or herself from the state is the owner of the motor vehicle or not.
(2) Such acceptance or operation shall be a signification of the agreement of any such person, firm, or corporation, that any such process against any such person, firm, or corporation, or against the administrator, executor, or other legal representative of the estate of such person who may not have survived in such accident or collision, which is so served shall be of the same legal force and validity as if served on such person, firm, or corporation personally.
(b) (1) Service of the process shall be made by serving a copy of the process on the Secretary of State, notifying the Secretary of State that service is being effected pursuant to this subsection, and paying the Secretary of State the sum of twenty-five dollars ($25.00). Such service shall be sufficient service upon the nonresident owner, nonresident operator, or chauffeur or upon the resident owner, resident operator, or chauffeur who has subsequently absented himself or herself physically from the state, or upon the executor, administrator, or other legal representative of his or her estate in case he or she has not survived such accident or collision or has since died, if notice of the service and a copy of the process are forthwith sent by registered mail by the plaintiff or his or her attorney to the defendant at his or her last known address or to the administrator, executor, or other legal representative of the estate in the case he or she has not survived the accident or collision or has since died, and notice of such service and a copy of the process are forthwith sent by registered mail by the plaintiff or his or her attorney to the defendant at his or her last known address, or to the administrator, executor, or other legal representative of the estate of the deceased wrongdoer or tortfeasor, and the defendant's return receipt, or the return receipt of the administrator, executor, or other legal representative of the estate of the deceased person, or the affidavit of the plaintiff or his or her attorney of compliance herewith are to be appended to the writ of process and entered and filed in the office of the clerk of the court wherein the cause is brought. The Secretary of State, upon receiving a copy of the service of summons shall also forthwith mail a copy of the summons together with a copy of the complaint by first class mail to the last and best known address of the named defendant in the suit, notifying him or her of the filing of the suit.
(2) The court in which the action is pending may order any continuance as may be necessary to afford the defendant reasonable opportunity to defend the action.
(c) (1) Any cause of action arising out of the accident or collision against any person, in the case of the death of that person, shall survive against his or her administrator, executor, or other legal representative of his or her estate.
(2) Service of summons when obtained upon any such nonresident owner, nonresident operator, or chauffeur; or resident owner, resident operator or chauffeur subsequently absenting himself or herself physically from the state; or his or her executor, administrator, or other legal representative of his or her estate, as provided in this section for the service of process, shall be deemed sufficient service of summons and process to give to any of the courts of this state jurisdiction over the cause of action and over such nonresident owner, nonresident operator, or chauffeur, or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, or the defendant, and shall warrant and authorize personal judgment against such nonresident owner, nonresident operator or chauffeur; resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state; executor, administrator, or other legal representative of his or her estate; or the defendant in the event that the plaintiff prevails in the action.