Car accidents bring injuries, medical bills, lost wages, and uncertainty about what happens next. If you’ve been hurt in an Arizona crash, you might ask: Is Arizona a no-fault state for car accidents? It’s a crucial question, because the answer affects who pays for your damages and how you pursue a claim.
Here’s the short answer: Arizona is not a no-fault state. It’s an at-fault or tort state, which means determining who caused the crash is crucial to recovering damages.
At Tawney, Acosta & Chaparro P.C., we know what’s at stake after a serious crash. Our Phoenix, Arizona car accident legal team fights for people, not insurance companies. We aim to hold negligent drivers accountable and help our clients move forward.
This article breaks down Arizona’s at-fault system, explains what it means for your claim, and answers common questions for accident victims.
For a free consultation, please don’t hesitate to contact us online or call (575) 222-1000 today.
What Does “No-Fault” Mean?
A no-fault state requires drivers to carry personal injury protection (PIP) coverage. Drivers file claims with their own insurance company after a crash, regardless of who was at fault. Lawsuits against the other driver are only permitted in limited situations, like severe injuries or certain thresholds of damage.
No-fault systems are designed to expedite claims and reduce lawsuits, but they often limit injured victims from pursuing full compensation.
What Does “At-Fault” Mean?
An at-fault system assigns financial responsibility to the driver who caused the accident. If you’re injured, you recover compensation from the at-fault driver’s insurance company. You can also pursue a personal injury lawsuit directly against them if necessary.
Because the driver’s negligence matters, evidence and fault allocation play a massive role in whether and how much you can recover.
Is Arizona a No-Fault State or an At-Fault State?
Arizona is not a no-fault state for car accidents. It is an at-fault state. That means the driver who caused the crash is responsible for your medical bills, property damage, lost income, and other accident-related costs.
The Arizona Department of Transportation requires drivers to carry minimum liability coverage, including:
- $25,000 for bodily injury or death to one person;
- $50,000 for bodily injury per incident; and
- $15,000 for property damage per incident.
Understanding how Arizona’s fault-based structure works is key to protecting your rights. Your ability to recover compensation depends on proving the other party’s responsibility and navigating their insurer’s claims process. That’s where experienced legal support can make a significant difference.
How Does the At-Fault System Affect My Case?
Because Arizona is an at-fault state, recovering compensation after a car accident requires proving that the other driver caused the crash.
That’s why collecting evidence early is so important.
To hold the other driver accountable, you’ll need to present proof of fault using many types of evidence, including:
- Police reports;
- Photos and videos of the crash;
- Eyewitness statements;
- Traffic or surveillance camera footage; and
- Expert analysis, such as accident reconstruction or vehicle damage reports.
Even when liability seems obvious, insurers will often try to dispute or downplay your claim. That’s why working with a law firm like Tawney, Acosta & Chaparro P.C. is so valuable. We know how to present compelling evidence, negotiate with insurers, and, if necessary, take your case to court.
FAQs
Here is more information in response to the most frequently asked questions about Arizona’s at-fault laws.
What Should I Do After a Car Accident in Phoenix?
The moments after a car crash can be disorienting, but what you do next can impact your health, your legal rights, and your ability to recover compensation.
Here are some key steps to follow after a car accident in Phoenix:
- Move to a safe location if possible and call 911;
- Seek immediate medical attention, even if injuries seem minor;
- Exchange information with the other driver (name, contact, insurance, vehicle);
- Take photos of the scene, including any damage, injuries, and surrounding areas;
- Speak to witnesses and get their contact information;
- Avoid admitting fault or discussing the crash with the other driver;
- Request a copy of the police report;
- Notify your insurance company; and
- Contact a personal injury attorney before speaking to the other driver’s insurer.
Consulting with a legal team like Tawney, Acosta & Chaparro P.C. ensures you don’t miss critical steps that could affect your case. We can take over the legal burdens, allowing you to focus on recovery.
Can I Recover If I Am Also At-Fault?
Yes. Arizona’s pure comparative negligence system allows you to recover damages even if you were partially responsible for the crash. However, your compensation will be reduced by the percentage of fault assigned to you.
This rule gives injured victims a chance to recover even if you made a mistake, but it also provides insurance companies with a tool to reduce payouts. A lawyer can help push back on unfair fault claims.
What If the At-Fault Driver Has No Insurance or Is Underinsured?
If you’re hit by someone who doesn’t have car insurance, or whose coverage isn’t enough to pay for all your losses, you still have options for recovery.
Uninsured/underinsured motorist (UM/UIM) coverage is optional in Arizona but highly recommended. If you have UM/UIM on your own policy, it can cover medical bills, lost wages, and other damages the at-fault driver can’t pay.
If you don’t have UM/UIM coverage, you may be able to file a personal injury lawsuit directly against the at-fault driver through the court system. However, the success of a lawsuit may depend on the defendant’s assets.
At Tawney, Acosta & Chaparro P.C., we help accident victims navigate uninsured motorist claims and personal injury lawsuits.
Take Action After a Car Accident: Get the Right Legal Team
Arizona’s at-fault system gives injured people the right to hold negligent drivers accountable, but that right isn’t automatic. Insurance companies will question your injuries, dispute fault, or delay your claim. You need a legal team that knows how to fight back.
At Tawney, Acosta & Chaparro P.C., we take that fight seriously. Our Phoenix personal injury attorneys understand the challenges you’re facing. We’ve helped countless clients rebuild after devastating car accidents and are ready to help you, too.
Our firm offers aggressive, trial-ready representation grounded in compassion, experience, and relentless effort. When we take your case, we treat it like what it is: one of the most important battles of your life.
Schedule your free consultation online or call (575) 222-1000 today to learn how we can help you pursue justice after a crash.
Daisy Chaparro
Daisy Chaparro was born and raised in El Paso, Texas. A graduate from El Dorado High School in 2008 and obtained a Bachelor of Arts in Political Science with a minor in Philosophy from St. Mary’s University in 2012. Daisy then obtained her Juris Doctorate (magna cum laude) from Texas Tech University School of Law in 2015.
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