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Arizona is not a no-fault state
Understanding How Fault and Liability Work After a Crash
If you’ve been in a car accident in Arizona, you may be wondering who pays for your medical bills and vehicle repairs — your own insurance or the other driver’s. Many states follow a “no-fault” system, but Arizona does not.
Arizona is a fault-based (or “tort”) state, meaning the person who caused the crash is financially responsible for the damages.
Let’s break down exactly what that means for your claim, how fault is determined, and what steps you should take after an accident.
Arizona Is a Fault (Tort) State
In a fault-based system, the at-fault driver’s insurance pays for the other party’s:
Medical expenses
Property damage
Lost wages
Pain and suffering
If the at-fault driver’s insurance isn’t enough, you may also pursue compensation through a personal injury lawsuit.
This differs from no-fault states, where each driver’s own insurance covers their injuries regardless of who caused the crash — and lawsuits are limited.
How Fault Is Determined in Arizona
Fault is based on negligence — proving that one driver acted carelessly and caused the accident. Insurance adjusters, police reports, and sometimes courts look at evidence like:
Traffic citations or violations
Witness statements
Vehicle damage patterns
Photos and video footage
Expert accident reconstruction
Arizona also follows the rule of pure comparative negligence.
This means even if you were partially at fault, you can still recover damages — but your compensation is reduced by your percentage of fault.
Example:
If you were found 20% at fault in a $100,000 claim, your total recovery would be $80,000.
Minimum Insurance Requirements in Arizona
Every driver in Arizona must carry liability insurance with at least:
$25,000 for bodily injury (per person)
$50,000 for bodily injury (per accident)
$15,000 for property damage
Optional coverages — like uninsured/underinsured motorist (UM/UIM) — are strongly recommended. These protect you if the at-fault driver has little or no insurance.
What to Do After a Car Accident in Arizona
If you’re involved in an accident:
Call 911 and ensure everyone’s safety.
Exchange insurance information with the other driver.
Take photos of the scene, vehicle damage, and any visible injuries.
Seek medical attention, even if injuries seem minor.
Contact an experienced car accident lawyer to protect your rights before speaking with insurance companies.
Common Questions About Fault in Arizona
Q: Can I file a claim against the other driver’s insurance?
Yes. Because Arizona is a fault state, you can file a third-party claim directly with the at-fault driver’s insurer.
Q: What if the other driver doesn’t have insurance?
You can turn to your own UM/UIM coverage if you purchased it. Otherwise, you may need to file a civil lawsuit to recover damages.
Q: How long do I have to file a claim?
Arizona’s statute of limitations for car accident injury claims is two years from the date of the accident.
Key Takeaways
Arizona is a fault-based state, not a no-fault state.
The driver who caused the accident (and their insurance) pays for damages.
You can still recover compensation even if you share partial blame.
Legal guidance can help maximize your claim and prevent insurance denial.
Talk to an Arizona Car Accident Lawyer
If you’ve been injured in a car accident, understanding fault laws and dealing with insurance companies can feel overwhelming.
At Tinoco Law, we help clients throughout Arizona recover fair compensation and protect their rights under state law.
Contact us today for a free consultation — let’s make sure you’re not left paying for someone else’s mistake.
