Available 24/7 Free Consultations
(928) 778-2660

Is Arizona a No-Fault State?

Posted on February 8, 2021 in

After a car accident in Arizona, it is easy to wonder how you could possibly recover from your injuries. Collisions can result in serious, debilitating injuries that require expensive medical care and lengthy recovery times, resulting in lost wages. You may also experience damage to your vehicle, physical trauma, and psychological pain.

In no-fault insurance states, drivers who suffer injuries in accidents are responsible for paying for their own losses with personal injury protection (PIP) insurance. Under Arizona’s fault-based insurance system, however, you can file a claim against the driver responsible for the crash and receive compensation to recover from these losses.

Arizona’s Fault-Based Insurance Laws

Like most states, Arizona requires drivers to pay for the damages of the other drivers, passengers, pedestrians, and cyclists who suffer injuries in collisions they cause. To ensure each driver can uphold this financial responsibility, Arizona drivers must carry the following minimum amounts of liability insurance.

  • $15,000 for bodily injury or death per person per accident
  • $30,000 for total bodily injury or death per accident
  • $10,000 for property damage per accident

If you suffer injuries in a collision with a negligent driver, you have two options to collect compensation. You can file an insurance under his or her policy, and an insurance adjuster will investigate your claim and determine who was at-fault. You can also file a personal injury lawsuit against the driver in civil court, where you and your attorney will need to establish his or her negligence in front of a judge.

In no-fault insurance states, car accident victims are responsible for their own damages and must carry special insurance to pay for their losses. In many cases, car accident victims in no-fault states cannot file a lawsuit unless they suffer severe, debilitating injuries or require very high amounts of compensation.

What Is Comparative Negligence in Arizona?

Although the driver who caused your accident will usually bear the financial responsibility for your losses, there are situations where you may share liability. If you file a lawsuit over your accident and the court believes you contributed to the accident, Arizona’s comparative negligence laws will apply.

Arizona follows a pure comparative negligence rule. This means that you are eligible to recover compensation even if you are 99% liable for the accident, but the court will reduce your award by the percentage of liability you share. If you are filing a lawsuit for $10,000 and the court determines you contributed to 30% of the accident, you will only receive $7,000.

How Can an Attorney Help Prove Fault After a Car Accident?

Recovering fair compensation after a car accident can be challenging. You will need to gather clear and sufficient evidence proving the other driver’s actions directly caused the accident, enter into negotiations with insurance companies and defense lawyers, and possibly present your case in front of a courtroom. In these situations, you need an attorney on your side.

Your lawyer can provide a wealth of resources, experience, and services to support your claim and advocate for a maximum possible settlement. Your attorney will have significant experience handling cases similar to yours and can handle difficult negotiations on your behalf, allowing you to focus on your recovery. He or she can also enlist the assistance of expert witnesses who can provide valuable testimony in your claim, solidifying the details of the accident and strengthening your case in the process.

Contact a Prescott car accident lawyer as soon as possible following your accident to discuss your legal options.