No, Arizona isn’t a no-fault state for car accidents. Arizona uses an at-fault system, which means that the driver who caused the crash is responsible for the resulting damages. Because of this system, the victims in these crashes can turn to the court system to hold the negligent party liable for the financial damages of the wreck.
It’s critical for victims of crashes that are caused by a negligent party to understand their rights. These include the ability to file a claim for things like medical bills, lost wages, vehicle damage and similar costs. Here’s what this means for your case:
What does “no-fault” vs. “at-fault” mean?
In a no-fault state, the consideration of fault isn’t a factor in who pays for what unless catastrophic injuries are present. The consideration of fault is a factor for these matters in at-fault states.
What is a no-fault state?
In a no-fault state, injured people turn to their own insurance coverage for their losses, even if they didn’t cause the crash. The coverage limits are clearly stated in the policy. If certain requirements are met, a victim has the ability to bring a legal claim against the negligent driver.
What is an at-fault state?
In an at-fault state, responsibility is based on who caused the crash. The assignment of fault is based on a variety of evidence, including police reports, witness statements, traffic laws, photos and vehicle damage.
How fault affects your car accident claim in Arizona
After an Arizona crash, you will typically file a claim with the at-fault driver’s insurance company. The insurer may review the evidence to determine whether it will accept responsibility. They also have the option to dispute fault or argue that their client wasn’t the only party who contributed to the crash.
The damages you can file may include medical bills, lost wages, property damage and pain and suffering. The insurer will determine the value of the claim based on the facts, injuries, available insurance and proof of loss
Arizona’s comparative negligence rule
Arizona uses the comparative negligence standard to determine awards in personal injury cases. This allows victims to recover damages even if they’re partially at fault. The award they receive is reduced by the percentage of fault they’re assigned. This means that if they’re assigned 30% fault, their award would be reduced by 30%.
When should you contact an Arizona car accident lawyer?
You should contact an Arizona car accident lawyer if you suffered a serious injury. The lawyers at Allen Law Firm can help you deal with issues with the insurance company, such as fault disputes, denials or low settlement offers.
An attorney can help you to prove liability, which can help to maximize the compensation you receive. You only have two years to file your claim. Swift action is critical in these cases and an attorney can assist with getting everything prepared and filed. Still unsure? Learn more about when to contact an attorney after a car accident.