By FindLaw Staff | Legally reviewed by Garrett Monteagudo, Esq. | Last reviewed January 18, 2023
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If you've been in an accident in Arizona, it's important to know about the laws in the state concerning car accident compensation.
Continue reading to learn more about car accident compensation laws in Arizona.
Arizona is one of many states that employs an "at fault" system for insurance claims. For a successful claim, a driver must show fault on the part of the other driver before insurance claims will be paid out.
In the state, the legal standard of "pure comparative negligence" is used. This means that if your case goes to trial, a jury will assign percentages of fault to each driver. If a driver is even one percent at fault, the other driver, who is 99 percent at fault, will recover some amount of damages.
Below find a table highlighting important aspects of Arizona's car accident compensation laws.
Statute of Limitations |
The statute of limitations is two years. |
|---|---|
Limits on Damages |
There are no limits on damages. These are prohibited by relevant Arizona law. |
Other Limits |
Under relevant law, Arizona uses a comparative fault system. |
Lawyers and insurance companies often divide damages into two categories: economic and non-economic damages. Economic damages are easy to calculate. They include car repairs, past and future medical expenses, lost wages from missed work, and other out-of-pocket expenses. Non-economic damages are more difficult to calculate. They take into account suffering, emotional distress, and disability or disfigurement.
Examples of common car accident damages include:
It should come as a relief to seriously-injured drivers that Arizona has no cap on damages in personal injury or car accident cases whatsoever. The Arizona State Constitution prohibits damage caps.
There is one limit that does apply, however. Every car accident has a time limit for filing a legal case. This is known as the statute of limitations. In Arizona, this period of time is two years for auto accidents. Before you file a legal case, you'll want to try filing an insurance claim. Since delays are common with insurance companies, it's in your best interest to file your claims quickly, so that you still have time to file a lawsuit if needed.
Arizona's comparative negligence system makes you vulnerable to liability if you're even slightly at fault for a car accident. Also, the lack of a damage cap makes the value of a car accident case, especially for damages like pain and suffering, hard to predict unless you deal with car accidents regularly. Contact an experienced car accident attorney to learn about the strength of your claim and the amount of compensation available for your case.
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