Is Arizona a No-Fault State?

Terms like “no-fault state” and “at-fault state” are not topics of daily conversation. But if you are injured in a car accident in Arizona, it’s important to understand the concept of fault and how it impacts your ability to recover compensation after a crash.

A small number of states use a no-fault system for awarding compensation after a car accident. However, Arizona is an at-fault state. That means that whoever is responsible for causing an accident in Arizona has to pay for it. Read on for more information from the car accident lawyers at Brown & Hobkirk, PLLC.

What is an At-Fault Insurance State?

Arizona is an at-fault state for car accident claims. At-fault states are sometimes also known as tort states. Under tort law, a person can seek compensation for losses caused by someone else’s negligence.

In a no-fault state, a driver’s own insurance policy will cover their injuries, lost wages, and other losses after a crash, no matter who was at fault. Supporters say a no-fault system allows drivers to get the money they need more quickly and limits frivolous personal injury suits.

But that’s not how it works in Arizona. Drivers involved in car accidents in Arizona can demand compensation for the costs of their injuries, vehicle damage, lost wages, and other losses through a claim against the responsible driver’s insurance company. If the at-fault driver’s insurer refuses to pay a reasonable settlement, an injured driver can file a personal injury lawsuit in civil court.

Understanding Arizona’s Fault Laws

Even in at-fault states, there’s some variation in how the relevant laws work. To claim compensation after a car accident in Arizona, you must show that another party’s negligence caused your injuries. Negligence means the other driver had a duty to prevent you from being injured and somehow failed in that duty.

Another key issue for Arizona car accident claims is how courts deal with cases where multiple parties are at fault. Arizona courts use a pure contributory negligence system to award compensation when more than one party is to blame. Under this system, you can recover compensation for your injuries even if you were partially responsible for the car accident.

However, if you’re found partially at fault, your compensation will be reduced by whatever percentage of fault you are assigned. For example, if you’re found 25 percent responsible for an accident, the amount of compensation you receive will be reduced by 25 percent to reflect your share of the fault.

Can I File a Personal Injury Claim Against an At-Fault Driver?

In Arizona, injured drivers have the right to file a personal injury claim against an at-fault driver. If you believe you have a case, it’s best to get help from an Arizona car accident lawyer. Insurance companies always prefer to pay less compensation for your injuries, but an experienced attorney can help you demand a full and fair settlement.

Contact an Arizona Car Accident Lawyer

If you need to pursue a personal injury claim after being injured in a car accident in Arizona, contact the experienced trial lawyers at Brown & Hobkirk, PLLC today for a free consultation*.