Is Arizona a No-Fault State?
The “you break it, you buy it” principle distinguishes Arizona from states that operate under a no-fault system. In no-fault states, all parties involved in motor vehicle accidents, regardless of fault, must initially submit their claims to their own insurance companies. However, in Arizona, individuals who have been injured have the option to directly file their claims with the insurance carrier of the driver responsible for the accident. This distinction grants injured individuals the flexibility to pursue their claims more directly and efficiently in Arizona.
At Klink Law, we are dedicated to providing exceptional legal representation and personalized service to our clients. Our auto accident lawyer proudly serves clients in Phoenix and the West Valley. If you have been injured in a car accident, contact us today for a complimentary consultation tailored to your needs.
Understanding Arizona as a Comparative Negligence State
The majority of car accidents involve one party who acted negligently or carelessly, causing harm to an innocent victim. While there are instances where more than one party shares the blame, let’s consider a scenario where the other driver bears most of the responsibility for the collision, but you were also speeding at the time. In this case, you may be found partially at fault as well. This concept of shared liability is known as comparative negligence.
Different states employ various approaches to address such situations. In some states, even the slightest degree of fault on your part can prevent you from recovering any damages. In other states, your recovery may simply be reduced based on your own proportion of responsibility, but only if you are less responsible for the accident than the other party involved. Arizona follows a “pure comparative negligence” approach, meaning that regardless of the extent of your responsibility for the crash, you can still seek compensation.
However, the amount of compensation you receive will be diminished in direct proportion to your share of liability. In practical terms, this implies that if you bear primary responsibility, your recovery may be limited. However, it also means that you can still pursue compensation, even if you share some degree of responsibility. For instance, let’s say you are involved in an accident resulting in $10,000 worth of damages, and you are found to be 25 percent at fault. In this scenario, your award would be reduced by $2,500.
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Proving Fault After A Car Accident
In Arizona, a skilled car accident lawyer can gather evidence and present your case to the insurance company. They can also negotiate on your behalf to apply pressure and leverage on the insurer to settle the claim, when appropriate. In certain situations, the attorney might need to file a lawsuit against the responsible individual or company to secure a jury verdict.
The first step in any investigation is determining the actual fault, which can sometimes be more complex than it appears. A knowledgeable attorney will uncover crucial evidence, such as:
- Police accident reports
- Accident reconstruction analysis
- Video or photographic evidence from the scene
- Witness statements
- Electronic crash data (“black box” data)
- Medical records and billing statements
Many cases can be simplified to a scenario of conflicting accounts, like accidents at four-way stops or on-ramp merges. However, in most instances, there exists credible and impartial evidence that can effectively establish the party responsible for the crash.
What If The At-Fault Driver Didn’t Have Insurance?
Regrettably, such occurrences are far too common. It is disheartening when a single driver disregards traffic laws, causing severe harm to others, only to discover they lack the necessary insurance coverage. Surprisingly, as of 2015, Arizona was ranked 24th in the nation by the Insurance Information Institute for having a significant 12 percent of drivers without the legally mandated minimum coverage.
Consequently, it becomes imperative to secure optional coverage to safeguard yourself, your loved ones, and your passengers in the event of an accident involving one of these uninsured drivers. In such circumstances, two types of insurance prove invaluable.
- Uninsured motorist coverage: This coverage is designed to compensate you in the same way the other driver’s coverage would have, had they carried it. This means you can still claim medical expenses, lost wages, and pain and suffering.
- Medical payments coverage: This optional coverage pays for your unpaid medical bills, regardless of fault or shared liability. It can be very helpful if you suffer a catastrophic injury.
Statute of Limitations For Car Accident Claims in Arizona
In the vast majority of cases involving private individuals and companies, you typically have a two-year window from the date of your accident to initiate a lawsuit against those responsible. It’s important to note, however, that there are exceptions to this timeframe. For example, if the other driver is employed by a local or municipal government, such as a fire department or sanitation department, you may have as little as 180 days to take action and protect your claim. Additionally, there are other circumstances where different rules apply, particularly when the federal government is involved.
