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When you’ve been involved in an accident, understanding whether Arizona is a no-fault state or a fault state can significantly impact how you approach your insurance claim and potential lawsuit.
Arizona is an at-fault state, meaning that liability for an accident and subsequent expenses falls on the driver responsible for causing the crash.
If you’ve been injured on Arizona’s roads, speaking with an Arizona car accident attorney can be crucial to understanding your rights, protecting your interests, and securing fair compensation. At Craig Swapp & Associates, we know how complex these cases can be and are here to help you navigate the process from start to finish.
An at-fault state uses a system where the driver responsible for an accident is liable for any resulting damages. Under this structure, the “at-fault” driver’s insurance carrier typically pays for the injured victim’s expenses, including medical bills, property damage, and other related costs.
Under the at-fault system in Arizona, the driver who causes an accident is responsible for paying for the damages. This contrasts with states using a no-fault system, where each driver’s insurance covers their own expenses up to a certain threshold, regardless of who caused the crash.
Because Arizona is an at-fault state, you must establish liability before securing compensation. This process involves gathering police reports, witness statements, photographs, and any other evidence that helps show how the other driver’s negligence directly caused the accident and your resulting injuries.
Having auto insurance in Arizona is not just recommended – it is mandatory. The state enforces specific auto insurance requirements to ensure drivers have the means to cover any damages they cause in an accident.
Arizona law mandates that all drivers maintain at least the minimum liability coverage to protect others if they are at fault. This coverage helps pay for the medical expenses and property damage sustained by the injured parties.
Bodily injury liability insurance covers the medical bills of individuals injured in an accident you cause. Arizona requires a minimum amount per person and a total per accident. While carrying only the state minimum coverage may save on premium costs, it can leave you vulnerable if an accident involves severe injuries or multiple victims.
This type of coverage pays for any damage to the other driver’s vehicle or property stemming from an accident you cause. Maintaining enough property damage liability coverage can be crucial because repair and replacement costs, especially if multiple vehicles are involved, can quickly exceed basic limits.
Many insurance agents and legal professionals in Arizona recommend drivers purchase higher coverage limits. Although higher coverage often means higher premiums, the added security is an investment that can spare you substantial out-of-pocket costs in the event of a major accident.
Filing an insurance claim in an at-fault system in Arizona typically involves the following steps:
During this entire process, meeting deadlines is crucial. Failing to file within the window stipulated in the insurance policy can bar you from recovering any damages at all, so timely action is paramount.
Unfortunately, some drivers fail to carry adequate insurance – or any at all. If you’re in an accident with an uninsured or underinsured driver, you still have options:
Many policies in Arizona offer UM/UIM coverage that steps in if the at-fault driver lacks insurance or has insufficient coverage. This coverage typically handles costs related to medical expenses, lost wages, and sometimes pain and suffering, up to your policy limits.
You can file a lawsuit directly against the uninsured at-fault driver. However, if the defendant lacks significant assets, collecting a judgment can be difficult. Nonetheless, exploring this option with a legal professional might still be worthwhile.
If you need guidance on whether your case warrants further legal action, we can evaluate your situation by answering quick questions here.
Being proactive is key if you learn the at-fault driver is uninsured. Any delay could hamper your ability to gather evidence, track down witnesses, or comply with legal deadlines. Working with car accident attorneys in Arizona who understand the complexities of these claims can save you time, stress, and possibly thousands of dollars.
In many instances, injured individuals can settle their claims through negotiations with the at-fault driver’s insurance company.
However, certain situations might warrant filing a personal injury lawsuit:
If your injuries are catastrophic (e.g., spinal cord damage, traumatic brain injuries, or severe burns), your medical bills and lifestyle adjustments may total far more than a basic insurance policy can cover. A lawsuit may be necessary to obtain a compensation award that reflects the full scope of your losses.
Sometimes the at-fault driver’s insurer may deny responsibility, or the two sides cannot agree on the extent of damages. In such cases, litigation can be the mechanism for definitively resolving liability.
Insurance companies often aim to minimize payouts. If the offer you receive is insufficient to cover your damages – like ongoing medical care, lost wages, rehabilitative therapy, and pain and suffering – you might decide that filing a lawsuit is the only way to achieve fair compensation.
When the at-fault driver’s insurance policy lacks the coverage to handle your extensive losses, you may need to seek compensation directly from the driver in court.
Before filing, it’s wise to consult an Arizona car accident attorney who can review the specifics of your case. A legal professional can guide you through whether litigation is your best route or if further negotiation or mediation might produce a favorable outcome without the time and expense associated with a trial.
In Arizona, the concept of pure comparative negligence governs how damages are awarded when multiple parties share fault. According to A.R.S. § 12-2505, you are allowed to recover compensation even if you are partially responsible for the accident, but your award will be reduced by the percentage of your fault.
For instance, suppose a jury finds you 10% at fault and the other driver 90% at fault. If your total damages amount to $100,000, you would be entitled to recover $90,000 (i.e., $100,000 minus 10%).
Because Arizona is an at-fault state, establishing an accurate percentage of liability is critical. Insurance companies often exploit any evidence of shared fault to lower the amount they must pay. Experienced legal counsel can help you refute or reduce allegations that you bear more liability than you actually do.
Practical Tip: Never automatically admit any degree of fault at the scene or in communication with insurance adjusters. Although it may seem courteous to apologize, such statements can be taken out of context and used to argue you are partially responsible for the crash. Instead, provide factual information about what happened and let the investigatory process or legal proceedings assign fault percentages as needed.
If you and the at-fault driver’s insurance company cannot agree to a fair settlement, or if your injuries and losses far exceed what the insurer is willing to pay, you might decide to file a personal injury lawsuit.
Below are the steps generally involved:
Throughout this process, a knowledgeable attorney can help you navigate the complexities of Arizona law. Our successful results from different personal injury cases can give you an idea of the potential impact dedicated representation might have on your case.
Handling a car accident claim in a fault state like Arizona can become complicated – especially when insurers dispute liability or attempt to minimize your payout. This is where car accident attorneys in Arizona can be invaluable.
Here are some compelling reasons to consider professional legal assistance:
An Arizona car accident attorney is familiar with Arizona’s comparative negligence rules, local court procedures, and relevant statutes, such as the state’s minimum auto insurance requirements. This knowledge helps you build a formidable case by addressing potential legal hurdles effectively.
Accurately assessing the value of your claim involves more than adding up medical bills. You might also be entitled to compensation for lost wages, future medical treatments, physical or emotional rehabilitation, pain and suffering, diminished quality of life, and more. An attorney can help you account for each aspect of your losses.
Insurance adjusters are trained negotiators who aim to protect their company’s bottom line, not yours. Having an attorney on your side levels the playing field. They can negotiate a settlement that fully reflects your expenses, including both economic and non-economic damages.
If negotiations fail, an attorney will be prepared to file a lawsuit and represent your interests in court. Their experience can be pivotal in introducing evidence, questioning witnesses, and using legal precedents to argue your case effectively.
Many attorneys have networks of medical experts, accident reconstruction specialists, and investigators. These professionals can lend their expertise to bolster your case, especially when fault or damages are hotly contested.
In personal injury cases, many law firms, like Craig Swapp & Associates, operate on a contingency fee basis, meaning you typically pay nothing upfront. If the firm recovers compensation on your behalf, they take a percentage of that total as their fee. This arrangement gives you access to quality representation without worrying about hourly rates, and it motivates your attorney to maximize your settlement or award.
If you or a loved one has been injured in a car accident and you’re looking for answers, you don’t have to navigate this process alone. An Arizona car accident attorney at Craig Swapp & Associates is committed to protecting the rights of accident victims and pursuing the compensation they deserve.
Learn how we can put our experience and resources to work for you with “One call, that’s all!” Dial 866-308-3626 or fill out our contact form for a free consultation.
Written By: Ryan Swapp Legal Review By: Craig Swapp