When it comes to car accidents, understanding how insurance laws work can make a big difference. If you’re wondering whether Arizona is a no-fault state, the short answer is no. Arizona follows an at-fault system, which means the driver responsible for an accident is also responsible for covering the damages.
What Is an At-Fault Insurance State?
In an at-fault state like Arizona, the driver who causes an accident must pay for the resulting damages. This includes medical bills, lost wages, pain and suffering, and property damage. Typically, accident victims file a claim with the at-fault driver’s insurance company to recover their losses. If the responsible driver does not have insurance or lacks enough coverage, the injured party may need to use their own uninsured or underinsured motorist coverage.
What Is a No-Fault State?
A no-fault state has different rules for handling car accidents. In these states, drivers must carry personal injury protection (PIP) insurance, which covers their own medical expenses and lost wages regardless of who caused the accident. This system is designed to speed up claims and reduce lawsuits. However, PIP coverage does not typically include compensation for pain and suffering, and serious injury cases may still allow lawsuits against the at-fault driver.
Arizona’s At-Fault System Explained
Arizona law requires drivers to carry a minimum amount of liability insurance to cover damages in case of an accident. The minimum requirements are:
- $15,000 in property damage liability coverage
- $25,000 per person in bodily injury liability coverage
- $50,000 per accident in bodily injury liability coverage
If a driver does not have enough insurance or is uninsured, the injured party may have to file a claim with their own uninsured motorist coverage or take legal action.
Comparative Negligence in Arizona
Not all accidents are straightforward. Sometimes, both drivers share some responsibility. Arizona follows a pure comparative negligence rule, meaning even if you are partially at fault, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% responsible for an accident and your total damages amount to $10,000, you would receive $8,000 after the 20% reduction.
Penalties for Driving Without Insurance in Arizona
Arizona takes insurance laws seriously. Driving without insurance can lead to steep penalties:
- First offense: $500 fine and a three-month suspension of your driver’s license, registration, and license plates.
- Second offense: $750 fine and a six-month suspension.
- Third offense: $1,000 fine and a one-year suspension.
To reinstate your driving privileges, you must provide proof of insurance and pay additional fees.
What If the At-Fault Driver Has No Insurance?
Uninsured drivers are a serious risk, but you can protect yourself by carrying uninsured/underinsured motorist coverage. This optional insurance helps cover your expenses if the at-fault driver cannot pay. Another useful option is Medical Payments Coverage (MedPay), which helps cover medical bills regardless of fault.
How an Attorney Can Help Prove Fault
Proving fault after a car accident requires strong evidence. A personal injury lawyer can gather police reports, witness statements, medical records, and expert testimony to build a solid case. They can also negotiate with insurance companies and, if necessary, take your case to court to seek fair compensation.
If you’ve been in a car accident in Arizona, knowing your rights is important. CLS Law can help you understand your options and fight for the compensation you deserve. Call (855) 257-9467 today for a free consultation.