Arizona Car Accident Compensation Laws

Anyone in a car accident knows that you are at the mercy of your auto insurance company and the laws of the state where the accident occurs. Arizona car accident laws give accident victims an easier time than some states.

After you and the other driver exchange insurance information, state laws determine who pays for the property damage and medical bills. In some states, called "no-fault states," each driver's insurance pays for their damage.

In the state of Arizona, different rules apply. If you're involved in a car crash, you should understand the laws before filing an insurance claim or personal injury claim in the state.

Arizona Car Accident Laws

Arizona's car accident laws begin with protecting yourself from liability at the scene of an accident. Drivers must report all vehicle accidents to law enforcement. If the accident results in "injury to or death of a person or damage to a vehicle that is driven or attended by a person" (Arizona Revised Statutes Section 28-663), you must stop, exchange insurance, and call 911 for police and paramedics.

Fault

Arizona is an at-fault insurance state. Drivers file car accident claims with the other driver's insurance company. After the adjuster investigates the claim, the at-fault driver's insurance company pays the other driver's claim.

Proving fault, or that you were not at fault, depends on showing that the other driver did something to cause the accident. It may also mean showing you did nothing to cause or worsen your injuries.

Proving Negligence

When you make a personal injury claim, you must show the other driver was negligent in some way. Negligence means proving that:

• The other driver had a duty to act in a certain way, usually by obeying traffic laws
• The driver breached their duty by driving recklessly or carelessly
• This careless driving caused an accident
• You sustained an injury in the accident

You can prove this with the police report, proof of medical treatment, and other evidence in your claim. The accident report should explain why you are less at fault than the other driver.

Comparative Negligence

Arizona courts use the pure comparative negligence standard to assign fault. Courts recognize that both drivers may be partially at fault in most accidents. For instance, one driver may run a red light, but the other driver's car was too far into the intersection.

Comparative negligence allows courts to weigh the relative fault of each driver and decide if one driver is more responsible than the other. Under pure comparative negligence, a driver's percentage of fault reduces their recovery. For instance, if they are 20% responsible for the accident, they can still recover 80% of their damages.

In some states, courts use "modified comparative negligence." In these states, a plaintiff must be less than 50% or 51% at fault to recover. A few states use "contributory fault," where any degree of fault prevents a plaintiff from recovering damages.

Time Limits

Like most states, Arizona's statute of limitations for filing a lawsuit for car accident injuries is two years. This time limit begins on the date the cause of action (the injury) occurs, not the date the insurance company denies a claim. Because insurance claims can take time to process, contact a personal injury attorney as soon as possible after a car accident.

Damages and Limits

Arizona's state constitution prohibits capping accident recovery (Article 2, Section 31). As long as you file your claim within the statute of limitations, your case has no other limits.

Minimum motor vehicle insurance coverage in Arizona is:

• $25,000 personal injury protection
• $50,000 bodily injury liability coverage
• $15,000 property damage coverage

Your insurance policy may provide more coverage but must contain this minimum protection.

Types of Damages

There are two types of damages available in an auto accident claim. Economic damages, such as medical bills and property damage, are easy to calculate. Non-economic damages include pain and suffering, emotional distress, or loss of consortium (loss of companionship).

Some common car accident damages include:

• Current and future medical expenses
• Lost wages and income
• Property damage and repairs
• Wrongful death and loss of companionship

Arizona courts sometimes award punitive damages. If a plaintiff can show the defendant acted with an "evil mind"—in other words, if they caused the accident intending to hurt someone—the plaintiff can ask for extra damages to punish the defendant.

Need Legal Advice? Contact an Arizona Car Accident Lawyer

Understanding Arizona's comparative negligence law is essential if you want fair compensation after a car accident. You only have a short amount of time to file your claim. Get legal advice from an Arizona car accident attorney before contacting a car insurance carrier.