Even in at-fault states, the relevant laws vary in their application. To be eligible for compensation after an automobile accident in Arizona, you must be able to prove that your injuries were caused by the carelessness of another party. Negligence means that the other driver had a responsibility to keep you safe and failed to do so.
Another important consideration in Arizona car accident cases is how courts handle cases in which many parties are at blame. When more than one person is at fault, Arizona courts adopt a pure contributory negligence system to award compensation. You can get compensation for your injuries under this system even if you were partially to blame for the car accident.
If you are judged partially at fault, however, your compensation will be reduced by the percentage of fault allocated to you. For example, if you are judged to be 25% at fault in an accident, the amount of compensation you receive will be lowered by 25% to represent your part of the blame.
Does AZ have no-fault auto insurance?
The insurance system in Arizona is based on fault. This means that in Arizona, the person who is at fault for causing a car accident is also liable for the damages.
Does Arizona have accident forgiveness?
Phoenix and Scottsdale, Arizona Accident Forgiveness Accident Forgiveness might forgive you for your first chargeable accident if you have the correct coverage. If you’re in an accident, your premiums won’t go up under Accident Forgiveness even if the accident was your fault.
How is fault determined in a car accident in Arizona?
If the other driver was totally to blame for your automobile accident, the outcome is usually predictable: the other driver’s insurance company will pay to compensate you for your medical bills, missed wages, and other losses. But what if you were partially to blame?
When both parties are determined to be at fault in an accident, Arizona applies a “pure comparative fault” rule. The jury in most vehicle accident cases is expected to compute two things based on the evidence: the total financial value of the plaintiff’s losses and the proportion of culpability that each party bears. The plaintiff’s damages award is lowered by a percentage proportional to his or her share of blame under the pure comparative fault rule.
For example, assume the jury finds that your total damages judgment should be $100,000. (including your medical bills, lost income, vehicle damage, and pain and suffering). Isn’t that appealing? However, the jury determines that you are 40 percent to blame for the accident (maybe you were speeding). You are entitled to 60% of the $100,000 total, or $60,000, under Arizona’s comparative fault rulestill a substantial sum, but significantly less than the whole amount of your damages.
Even if you are judged to be more at fault for the accident than the other motorist, the comparative fault rule applies in Arizona. For example, if the jury finds you to be 90% at blame, you are still technically entitled to 10% of your total damages, but you will be responsible for 90% of the other driver’s damages.
(Comparative defect is not treated the same way in all states.) Most use a “modified” comparative fault rule, which states that the plaintiff can only collect damages if his or her fault is less than 50%. In most of these states, once the plaintiff’s fault exceeds 50%, the damages award is reduced to zero.)
The comparative negligence rule will not only govern Arizona judges and jurors (assuming your automobile accident case goes to court), but it will also lead a car insurance claims adjuster when analyzing your case. After all, a claims adjuster makes choices based on what is likely to occur in court. But don’t let it stop you from pursuing a settlement or lawsuit after a vehicle accident.
What auto insurance coverages are mandatory in the state of Arizona?
If you are relocating to Arizona, it is critical that you register your vehicle and obtain auto insurance as soon as feasible. If you were previously insured in another state, the same amounts of coverage may not be appropriate in Arizona. If you’re moving to Phoenix or another region of the state, make sure to check GEICO as soon as possible to find the best auto insurance.
The Arizona Department of Insurance is in charge of overseeing the state’s insurance industry. They keep track of the financial health of all insurance companies doing business in Arizona, issue licenses to insurance agents, and help consumers with insurance concerns.
Required Car Insurance Coverage in Arizona
Drivers in Arizona must obtain auto insurance that meets or exceeds the following minimum coverage requirements:
- Liability coverage for bodily injury: $25,000 per person / $50,000 per accident
- Bodily injury coverage for uninsured motorists: $25,000 per person / $50,000 per accident
- Minimum $25,000 per person / $50,000 per accident underinsured motorist bodily injury coverage
Note: By speaking with a licensed GEICO insurance counselor, uninsured and underinsured coverages can be rejected.
You may choose larger coverage levels to better protect yourself, depending on your needs. If you’re not sure what kind of auto insurance coverage you need, use our Coverage Calculator.
Is Phoenix Arizona a no-fault state?
Getting into a car accident is a terrifying experience for everyone involved. In the aftermath of a car accident, obtaining compensation is a critical but difficult process. Some states in the United States are deemed “no-fault” accident states, which implies that drivers can seek compensation for their injuries and property damage from their personal insurance provider regardless of who caused the collision. Arizona, on the other hand, is not a no-fault state. When it comes to car accident responsibility, Arizona, like most other jurisdictions in the country, has a fault-based approach.
Arizona is a “Comparative Negligence state:
A. The defense of contributory negligence or assumption of risk is always a factual question that must be decided by the jury. The claimant’s case is not barred if the jury adopts either defense, but the entire damages are reduced in proportion to the proportionate degree of the claimant’s fault that is a proximate cause of the injury or death, if any. There is no right to comparative negligence in favor of any claimant who has caused or contributed to the harm or wrongful death knowingly, wilfully, or wantonly.
B. In this part, you’ll find “The fault imputed or attributed to a claimant by operation of law, if any, is included in the term “claimant’s fault.”
What does this entail if you’re involved in an Arizona personal injury case?
It means that each individual found to be at blame for an event that causes another person to be injured is only accountable for the percentage of responsibility that is traceable to him or her.
Example: Car A comes to a complete stop, is rear-ended by Car B, who is subsequently rear-ended by Car C, who is then forced back into Car A.
This determination must be made in Arizona, and if the case cannot be settled by agreement, a jury trial will be held.
So, if Car B is determined to be 75% at blame and Car C is found to be 25% at fault, Car B’s driver is responsible for 75% of Car A’s damages and Car C is responsible for 25%.
This is how it works “In Phoenix, Arizona, “comparative carelessness” is at work. Personal injury legislation can be difficult to understand. It will make all the difference in your case if you hire the correct law firm.
What states are no-fault states?
Florida, Michigan, New Jersey, New York, Pennsylvania, Hawaii, Kentucky, Massachusetts, Minnesota, North Dakota, and Utah are among the 12 no-fault states in the United States. Puerto Rico, while being a US territory, has no-fault rules, so we’ve included its criteria below.
In addition to liability and PIP coverage, some states additionally require uninsured/underinsured motorist coverage to protect drivers financially in the event of a collision with an uninsured driver. Michigan has the highest liability and personal injury protection (PIP) minimums. The criteria in Puerto Rico are the simplest.
To limit the frequency of frivolous lawsuits, these states (and US territories) have enacted no-fault auto accident statutes in various forms. These states require various conditions to be met before approval to file an auto accident lawsuit is granted, whether through a verbal or monetary threshold to define the requirements needed to pursue an auto accident case. Three of these states, Kentucky, New Jersey, and Pennsylvania, have “choice no-fault” laws, which allow motorists to refuse the threshold criteria and file a lawsuit.
Will my insurance go up if someone hits me?
Accidents involving cars and trucks are terrible events. As soon as we regain our composure following the crash, the next thing on our minds is how the accident would affect our life. Most wounded people who contact our firm want to know about the financial implications of their accident.
When potential clients call, one of the first questions they ask is if their vehicle insurance premiums would go up as a result of the collision, even if they weren’t at fault. No, the answer is no.
“No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance or cancel such policy as a result of the insured’s person being involved in a multi-vehicle accident when such person was not at fault in such accident,” according to Georgia Code 33-9-40.
If you or a loved one has been gravely hurt in a vehicle or truck accident, you should contact an Atlanta car accident lawyer. Our experienced legal team will assist you in identifying all possible sources of insurance that may be able to assist you in recovering compensation for your injuries. If you have any concerns regarding filing a claim under a certain insurance policy, we will be happy to address any of your inquiries.
Does Progressive raise rates after accident?
If you have an accident or make a claim, most insurers will boost your rate. An at-fault collision can raise your Progressive premium by an average of 28% across the country. However, because we provide accident forgiveness as soon as you become a customer, you may not see any rise at all for certain uncontrollable events (such as a cracked windshield or hail damage) where the claim is less than $500.
Who is at fault in a rear-end collision in Arizona?
One of the most common forms of car accidents in Arizona is rear-end crashes. The heavy traffic in the valley, as well as a rise in distracted driving due to cell phone use in cars, are some of the causes of these collisions.
The driver who caused the accident is usually held liable for the damages in rear-end collisions. This means that in most rear-end crashes, the at-fault driver is the one who rear-ends the automobile in front of them. The lead driver who is hit is frequently stopped at a stop sign or a red light, indicating that they were driving cautiously and followed all laws, implying that they played no role in the tragedy.
When another driver rear-ends your vehicle, they are usually the one who is at fault. In some cases, however, this is not the case, and police officers and judges will consider additional criteria such as negligence and the events leading up to the accident in order to decide who is at fault.