Is Arizona a No-Fault State?

Arizona is not a no-fault state. It is one of 38 states that assigns fault to a specific party after a car accident. This means that if you recently walked away from a collision with another car, you can take legal action against a negligent driver.

You can work with a Phoenix car accident lawyer to file an insurance claim with an at-fault driver’s provider. If you don’t get the support you receive from an insurance claim, you can take an at-fault driver to court. Our team has served Arizona families for over two decades and stands ready to help you compile the evidence you need to recover from a crash.

How Does Fault Work in an At-Fault State?

Arizona’s laws allow you to hold another party responsible for your car accident instead of going straight to your insurance provider for post-accident support. So long as you can prove that another party caused your accident, you can demand that said party pay for your recovery.

The state requires all drivers to have at least Arizona’s minimum liability insurance, which will cover:

$25,000 bodily injury liability for one person
$50,000 for two or more persons
$15,000 property damage liability

However, you can only take advantage of someone’s insurance policy if they have coverage. There are drivers who will hit the road without any coverage despite the state’s laws. If you get into an accident with someone who hasn’t purchased insurance, you can file a civil lawsuit against them.

You can also explore your right to a lawsuit if an insurance company refuses to acknowledge your right to support.

How Does Fault Work in a No-Fault State?

Arizona is an at-fault state. Comparatively, no-fault states require all drivers to carry personal injury protection or PIP insurance. PIP coverage ensures that each driver can cover their own losses without laying the blame for a crash on one party or another.

Ideally, no-fault states ensure that parties involved in accidents can get the economic support they need with little to no wait time. However, no-fault states do not allow injured parties to recover non-economic damages. These parties must also file separate claims when requesting medical support in addition to property damage support.

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How Can You Prove Fault After an Accident?

If you want to work within Arizona’s at-fault standards after a collision, you must bring forward enough evidence to prove that another party:

Owed you a duty of care at the time of an accident
Breached that duty of care through purposeful or accidental negligence
Caused you to suffer physical and/or economic losses

The term “duty of care” refers to another driver’s responsibility to uphold roadway laws and prevent predictable accidents.

You also have an obligation to bring forward enough proof to outline the total value of losses sustained in your collision. This evidence can take the form of invoices, pay stubs, and other bills. You can work with a Phoenix personal injury lawyer to determine what combination of evidence may best help you make your case.

What Happens if Multiple People Are Responsible for My Accident in Arizona?

There’s a chance that multiple parties may bear the blame for a car accident. If this is the case, then you can turn to the civil court system for help dividing fault between applicable parties.

It is still your responsibility to find enough evidence to meet or exceed the state’s burden of proof. You can even speculate as to the appropriate division of fault in your initial claim. If you don’t come to a settlement agreement with liable parties, a court can then determine which of the parties involved owes you what portion of your desired compensation.

For example, say you get into an accident with a company car and a motorcyclist. The evidence reveals that the company car caused 75% of your accident while the motorcyclist caused 25%. If you’re set to receive a settlement valued at $100,000, the company car will owe you $75,000, while the motorcyclist will owe you $25,000.

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When Should You Contact an Arizona Personal Injury Attorney?

If you want to file an insurance claim against someone responsible for your recent accident, it’s in your best interest to contact an attorney as soon as possible. Most insurance companies expect you to get in touch with their representatives within 24 hours of an accident. The sooner you can get an attorney on your side, the easier those conversations become.

Arizona requires anyone who wants to take legal action against a liable party to act within the state’s statute of limitations. Ariz. Rev. Stat. § 12-542 allows you to take up to two years to build a case against another party. Your claim must make it to the appropriate parties within that two-year period, or else you may waive your right to compensation.

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Zanes Law Wants to Go to Work For You

Arizona is not a no-fault state. This means you must take action against an offending party if you want to get the support you need to recover from a recent accident. You’re working against a clock to get your paperwork filed – so why not reach out for professional support? The car accident lawyers with Zanes Law can represent your best interests today.

Our team offers survivors like you the opportunity to book a FREE case evaluation after a collision. You can use this opportunity to learn more about the accident damages you can demand from a liable party. Get in touch with our team today to get your accident appointment on the books.

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