The other driver ran a red light and hit you. Your car is damaged, your shoulder is injured, and now you are sitting across from an insurance adjuster who is asking you questions you do not fully understand. If you have ever wondered, “is Arizona a no fault state,” the answer matters more right now than at any other point in the process. At The Lowrider Lawyers, we know how to cut through the confusion in these situations so you can focus on what comes next.
Learn how our Phoenix auto accident attorneys can help you by calling (602) 777-7777 or reaching out to us online today. We offer free, no-obligation consultations.
So, Is Arizona a No-Fault State?
No. Arizona is an at-fault state, meaning the driver who caused the crash is financially responsible for the injuries and damage resulting from the crash. If another driver hit you, their insurance is the starting point for your recovery, not yours.
What Does It Mean to Be an At-Fault State?
In a no-fault state, drivers file claims with their own insurance companies after crashes, with limited rights to sue. Arizona differs: Fault determines responsibility. The at-fault driver can be held liable for medical bills, lost wages, and damages, whether for running a light, tailgating, or distracted driving. Arizona law requires every driver to carry liability insurance to cover the costs they cause in a crash.
Yes, and this is where things get complicated for many injured people.
Arizona follows a comparative fault rule, which means that more than one driver can share responsibility for the same accident. If you were partially at fault, the court will reduce your compensation in proportion to your share of the blame. If a jury finds you were 20% responsible, your recovery drops by that same percentage.
Insurance companies understand this rule extremely well, and they use it aggressively to argue that you were more at fault than you actually were, which reduces what they owe you.
How Does the At-Fault System Affect Your Insurance Claim?
After an Arizona crash, the at-fault driver’s liability insurance is the primary source of compensation. Arizona’s minimum coverage is $25,000 per person and $50,000 per accident for bodily injury, plus $15,000 for property damage.
These minimums seem substantial, but emergency care, imaging, surgery, treatment, and lost wages often exceed the minimums. Serious injuries usually surpass these limits, making it important to know other recovery options.
What Happens When the At-Fault Driver Does Not Have Enough Insurance?
Arizona requires all drivers to carry liability coverage, but not every driver complies, and some carry only the minimum.
When the at-fault driver’s policy does not cover the full extent of your losses, you may have options through your own policy if you purchased uninsured or underinsured motorist coverage. Your coverage steps in when the at-fault driver has no insurance or not enough to cover your injuries. Many drivers do not realize they have this coverage or how it works until they need it.
Since Arizona Is an At-Fault State, What Compensation Can You Pursue?
Because Arizona places financial responsibility on the driver who caused the crash, the range of damages available to an injured person is broader than what no-fault states typically allow.
Recoverable losses include:
- Medical expenses—emergency treatment, hospitalization, surgery, physical therapy, and any ongoing care connected to the injuries from the crash;
- Lost wages—income you could not earn while recovering, as well as future earning capacity if your injuries affect your ability to work long-term;
- Pain and suffering—the physical pain and emotional impact of the injuries, which no-fault systems frequently cap or eliminate; and
- Property damage—the cost to repair or replace your vehicle and any other personal property damaged in the crash.
The at-fault system preserves your right to pursue all of these categories, but only if you can establish who caused the accident and document your losses thoroughly.
The Lowrider Lawyers Will Fight for What You Are Owed
Arizona’s fault-based system puts the pressure on you to prove what happened and who caused it, and insurance companies count on injured people not knowing how to do that.
The Lowrider Lawyers built itself for exactly this fight. Our Spanish-speaking attorneys, staff, and investigators remove every barrier between you and the representation you deserve, and our record in court tells insurers we mean business: $7 million in a car crash verdict and $7.4 million in a wrongful death case are two examples of what happens when they underestimate us. We work on a contingency fee, so we do not get paid unless you do.
Get paid, not played.™
Stop Waiting—the Insurance Company Isn’t
Every day that passes after an accident is another day the other side uses to build their case and minimize yours. Call (602) 777-7777 or contact us online today, tell us what the other driver’s insurer is saying, and let us show them what Arizona’s fault system actually requires them to pay.
FAQs
Does Arizona Require Me to File a Claim with My Own Insurance After a Crash?
Arizona does not require you to file with your own insurer if another driver caused the crash; you can go directly to the at-fault driver’s insurer. Your own insurer may still be involved if you have uninsured or underinsured motorist coverage and the at-fault driver’s policy falls short.
Can I Still Recover Compensation If I Was Partly at Fault?
Yes. Arizona’s comparative fault rule allows you to recover damages even if you shared some responsibility for the crash, though your percentage of fault reduces your recovery.
How Long Do I Have to File a Claim After a Car Accident in Arizona?
In Arizona, injured people have two years from the date of the accident to file a personal injury lawsuit. Waiting too long can eliminate your right to recover entirely, so the sooner you speak with an attorney, the better.
What If the At-Fault Driver Leaves the Scene?
Arizona law requires every driver involved in a crash to stop, remain at the scene, and provide their name, address, and driver’s license number. A driver who leaves the scene faces criminal penalties, and your own uninsured motorist coverage may cover your losses in the meantime.
Legal References Used to Inform This Page:
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Duty to Give Information and Assistance, Ariz. Rev. Stat. Ann. § 28-663
- Motor Vehicle Liability Policy Requirements, Ariz. Rev. Stat. Ann. § 28-4009
- Comparative Negligence; Definition, Ariz. Rev. Stat. Ann. § 12-2505
- Motor Vehicle Liability Policy; Uninsured Optional, Underinsured Optional, Ariz. Rev. Stat. Ann. § 20-259.01(H)
- Statute of Limitations, Ariz. Rev. Stat. Ann. § 12-542
