Phoenix’s No-Fault Insurance Laws

Is Arizona a no-fault state? No. Arizona uses an at-fault insurance system, meaning the driver responsible for causing a crash can be held financially responsible for the resulting injuries and property damage. 

Rather than automatically turning to their own insurer for injury compensation, an injured person can generally pursue a car accident insurance claim in Arizona against the at-fault driver’s insurance company. If you’re unsure how fault affects your claim, a Phoenix car accident lawyer can help you understand your options.

Arizona also requires drivers to carry minimum liability insurance, including $25,000 in bodily injury coverage for one person, $50,000 for two or more people, and $15,000 for property damage. However, those minimum limits may not be enough to cover the full cost of a serious accident. Uninsured and underinsured motorist coverage can also become important when the at-fault driver has no insurance or does not have enough coverage to pay for your losses.

Because Arizona is an at-fault state, determining who caused a crash can directly affect how much compensation an injured person can recover. Evidence such as police reports, photographs, witness statements, traffic camera footage, and other records may be used to establish fault. Arizona also follows a pure comparative negligence system, so a person’s compensation can be reduced by their percentage of responsibility for the accident.

How Does an At-Fault State Work?

Arizona is one of thirty-eight states in America with an at-fault insurance system. ‘At-fault’ means the driver who caused the accident is responsible for paying for the damages. 

Typically, the driver who was not at fault will file a claim with the other driver’s insurance. Because any driver could be at fault, Arizona requires that all drivers carry minimum liability insurance. 

One of the complications of an at-fault system is that fault must be decided before money can be paid. It often involves police reports and evidence, such as traffic cameras and photos from the scene. 

Because fault may be difficult to determine in some instances, compensation can take weeks or months. Thankfully, personal injury attorneys can help guide clients through the process, seek a speedy decision, and get the money they need. 

Misconceptions About Arizona Law and No-Fault Insurance

Under a no-fault system, both drivers file a claim with their insurance companies after an accident. Regardless of who was at fault, each driver will be paid by their insurance company. 

Understanding Arizona’s at-fault system is important in order to avoid confusion. Getting first-class auto insurance is an important step. It can protect you if the other driver has no insurance. 

Dealing with an at-fault state insurance system requires certain steps after an accident. A personal injury attorney can also help explain things.

 What to Do After a Car Accident in Phoenix

Immediately after an accident, check if anyone was injured, and contact the police right away. Because of Arizona’s at-fault insurance system, getting as much evidence as possible is critical. 

Take photos from all angles. Video is also recommended as it may catch audio that can be used as evidence later. All of this can be used to determine fault in the accident and make the claims process much faster. Always exchange information with the other driver such as licenses or ID, insurance, and license plate information. 

After talking with the police, many people contact their insurance providers. This isn’t the best idea. The insurance company’s only goal is to pay as little as possible. 

Instead, your next call should be to a personal injury attorney like Gage Mathers. We can help guide you through the process and fight to help you recover the money you deserve. 

How Gage Mathers Can Help

In Arizona’s at-fault system, it is essential to have a personal injury attorney at your side to help you navigate the system. At Gage Mathers, we know that protecting your rights after a car accident in Phoenix is important. 

Too many car accident victims accept an insurance company’s first offer after an accident. Accepting this can be a huge mistake that can lead to the loss of tens or hundreds of thousands of dollars. Some may not even understand they have a right to decline this offer.

Because we understand the system so well, we can assist you in properly filing claims. We will also work to gather additional evidence that the investigating police officer may have been missed. This evidence can be crucial to winning a case. 

Gage Mathers is also prepared to take your case to court to fight for your money if necessary. We offer free consultations and we only get paid if you win your case, meaning that there is no out of pocket cost to you. Don’t wait until the medical bills start piling up–call us today!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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