Last updated: October 15, 2026
If you were injured, the other driver is blaming you, or the insurance offer doesn’t cover your bills, it is usually worth talking to an Arizona car accident lawyer. If no one was hurt and the damage is minor and clear-cut, you can often handle it with the insurance company yourself.
Sources: A.R.S. 12-2505 (comparative negligence), A.R.S. 12-542 (two-year deadline), A.R.S. 28-4009 (minimum insurance), via azleg.gov.
At-fault
Arizona is not a no-fault state
the at-fault driver pays
Pure
comparative negligence
A.R.S. 12-2505
2 years
to file an injury lawsuit
A.R.S. 12-542
$25k/$50k
minimum bodily injury coverage
A.R.S. 28-4009
Do you need a lawyer? A quick check
You can probably handle it yourself
- No one was hurt, or soreness cleared up in a few days without treatment
- Damage is only to the vehicles and is modest
- The other driver’s insurer has accepted 100% fault in writing
- The offer covers your repair or replacement, rental, and any small out-of-pocket costs
- No government vehicle, commercial truck or rideshare was involved
Talk to a lawyer
- You needed an ER visit, imaging, surgery, therapy or ongoing care
- You missed work or cannot do your job the same way
- The other driver or their insurer says you caused the crash, or blames you partly
- The offer does not cover your medical bills and lost income
- A city bus, police car, road defect, semi-truck or Uber or Lyft was involved
- The at-fault driver was uninsured or has only minimum coverage
- Someone was killed
Why the minimum policy matters
Arizona’s minimum bodily injury coverage is $25,000 per person (A.R.S. 28-4009). A hospital stay can exceed that quickly. When the at-fault driver’s limits are low, recovering the rest usually depends on finding other coverage, such as your own underinsured motorist policy, an employer’s policy or another responsible party. That is one of the clearest signs that a lawyer can change the outcome.
Arizona is an at-fault state, not a no-fault state
In an at-fault state, the person who caused the crash is responsible for the harm, and their liability insurance pays the injured people. Arizona does not require personal injury protection (PIP) coverage the way no-fault states do. Every driver must carry at least $25,000 per person and $50,000 per accident in bodily injury liability coverage and $15,000 in property damage liability coverage (A.R.S. 28-4009). For more detail, see Is Arizona a no-fault state?
How shared fault reduces what you recover
Arizona uses pure comparative negligence (A.R.S. 12-2505). A jury assigns each party a percentage of fault, and your damages are reduced by your own percentage. You can still recover even if you were mostly at fault.
| Your total damages | Your share of fault | Most you can recover |
|---|
| $100,000 | 0% | $100,000 |
| $100,000 | 20% | $80,000 |
| $100,000 | 50% | $50,000 |
| $100,000 | 80% | $20,000 |
Because every percentage point matters, the fight over fault is often the most important part of a claim. Insurers know this, which is why they ask early questions designed to shift some blame onto you.
How fault is determined after an Arizona car accident
2
Witnesses and statements
Independent witnesses often decide disputed crashes, such as who had the green light.
3
Photos and video
Scene photos, dashcam footage, nearby business cameras and traffic cameras show positions, signals and damage.
4
Traffic laws
Arizona statutes set duties such as not following too closely (
A.R.S. 28-730) and yielding when turning left (
A.R.S. 28-772). A violation is strong evidence of fault.
5
Vehicle data and reconstruction
Event data recorders can show speed and braking in the seconds before impact. In serious cases, a reconstruction expert may analyze the crash.
The deadline you cannot miss
Arizona gives you two years from the date of the crash to file an injury lawsuit (A.R.S. 12-542). If a government vehicle or a road condition was involved, a notice of claim is due within 180 days. Full details: Arizona statute of limitations for injury claims.
What a free consultation with Elmm Law Group looks like
- You talk through what happened, your injuries, and where things stand with insurance.
- We tell you plainly whether you need a lawyer. If you can handle it yourself, wewill tell you.
- If we take your case, Gordi is directly involved from the first call.
- Our team is available 24/7 and speaks English, Spanish, and Serbo-Croatian.
If you are comparing firms, our guide on how to choose a personal injury lawyer lists the questions worth asking.
Frequently asked questions
Is it worth getting an attorney for a car accident in Arizona?
Usually yes if you were injured, fault is disputed, or the insurance offer does not cover your medical bills and lost income. Usually not if no one was hurt, the damage is minor and the other driver’s insurer has accepted fault. In that case you can often handle the claim yourself.
Is Arizona a no-fault state?
No. Arizona is an at-fault (tort) state. The driver who caused the crash pays for the other person’s injuries and damage through their liability insurance. Every Arizona driver must carry at least $25,000 per person and $50,000 per accident in bodily injury liability coverage and $15,000 in property damage coverage (A.R.S. 28-4009).
How is fault determined in a car accident in Arizona?
Insurance adjusters, and if necessary a jury, look at the police report, statements from drivers and witnesses, photos and video, damage patterns, vehicle data and the traffic laws that applied, such as following too closely or failing to yield on a left turn. Fault is often shared and is assigned as a percentage.
Who pays if both drivers are partly at fault?
Each driver’s recovery is reduced by their own share of fault under Arizona’s pure comparative negligence rule (A.R.S. 12-2505). If you have $100,000 in damages and are found 20% at fault, you can recover up to $80,000. You can recover even if you were more at fault than the other driver.
Who is liable for a car accident in Arizona?
The driver whose negligence caused the crash, and sometimes others: a vehicle owner who let an unfit driver use the car, an employer whose employee was driving for work, a rideshare company’s insurer, or a government entity responsible for a dangerous road. Each can carry a share of fault.
Should I talk to the other driver’s insurance company?
You can give basic facts, such as your name, contact information and the time and place of the crash. You are not required to give a recorded statement to the other driver’s insurer, and it is usually wise not to until you understand your injuries and your claim. See insurance adjuster tactics to watch for.
Related Arizona crash resources
About this page. Written by Elmm Law Group, an Arizona personal injury law firm with offices in Phoenix and Mesa. Statutes cited are linked to azleg.gov. This page is general information, not legal advice.