Arizona Is a Fault State — What That Means for Your Car Accident Claim

January 17, 2024 · By Law Badgers · 2 min read
Arizona Law

People sometimes ask whether Arizona is a “no-fault” state for car accidents. It isn’t. Arizona is a fault-based (tort) state — and that’s actually better for accident victims.

What “Fault State” Means

In Arizona, the person who caused the accident is financially responsible for the damages. You can pursue compensation directly from the at-fault driver (and their insurance company) for all of your losses — medical bills, lost wages, pain and suffering, and more.

In no-fault states, by contrast, each driver’s own insurance covers their injuries regardless of fault — and the ability to sue is restricted unless injuries meet a severity threshold. This limits what victims can recover.

Your Three Options in Arizona

After an accident in Arizona, you have three paths to compensation:

File a third-party claim against the at-fault driver’s liability insurance. This is the most common approach.

File a first-party claim under your own collision coverage (for vehicle damage) or MedPay/PIP (for medical bills). This is faster but limited in scope.

File a lawsuit if the insurance company won’t offer fair value. Arizona’s two-year statute of limitations gives you time, but don’t wait.

The Comparative Fault Wrinkle

Arizona’s pure comparative fault system means that even if you’re partially at fault, you can still recover — reduced by your percentage of responsibility. This makes Arizona one of the most plaintiff-friendly states in the country.

The Law Badgers maximize your recovery under Arizona’s fault-based system. Call (833) DTF-IGHT.

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