How at-fault liability, A.R.S. § 28-4009 insurance minimums, and pure comparative fault shape your Phoenix-area claim
By John Quigley · Updated July 2, 2026
A car crash on I-10 through the Broadway Curve, a rear-end collision at a Loop 101 on-ramp, or a T-bone at a busy Phoenix intersection can upend your life in seconds. Once the tow trucks leave, the harder questions begin: Who pays for the damage? What if you were partly at fault? How long do you have to act? Arizona law answers each of these, and knowing the rules before you talk to an insurance adjuster can be the difference between a fair recovery and a lowball settlement.
This guide explains how car accident claims work in Arizona from the Phoenix and Maricopa County perspective, with the specific statutes that govern fault, insurance, and deadlines.
Arizona is a traditional "at-fault" or tort state. That means the driver who causes a collision is legally and financially responsible for the harm it produces. Unlike no-fault states, Arizona does not require you to turn first to your own personal injury protection coverage before pursuing the at-fault driver. Instead, you generally have three paths: file a claim with the at-fault driver's liability insurer, file a claim with your own insurer (for example, collision or uninsured motorist coverage), or file a lawsuit in Maricopa County Superior Court.
Because responsibility follows fault, every Arizona driver is required to carry liability insurance. Under A.R.S. § 28-4009, a motor vehicle liability policy must provide minimum coverage of $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $15,000 for property damage. These figures are commonly written as "25/50/15."
Fault in an Arizona crash turns on negligence: whether a driver failed to use reasonable care and whether that failure caused the collision. Common examples include running a red light, following too closely, speeding on the SR-101, distracted driving, failing to yield when merging onto I-17, or driving impaired. The evidence that establishes fault typically includes the Arizona Crash Report prepared by the responding officer, photographs of the vehicles and scene, witness statements, traffic-camera or dash-cam footage, and, in larger cases, accident-reconstruction analysis.
Importantly, the police officer's opinion about fault is useful but not the final word. Insurance companies conduct their own investigations and assign fault percentages, and a court can reach a different conclusion. That is why preserving your own evidence early matters so much.
Arizona is one of a minority of states that follow pure comparative fault under A.R.S. § 12-2505. The statute provides that a claimant's fault does not bar recovery; instead, it proportionally reduces the amount of damages the claimant can recover. In plain terms, your compensation is cut by your share of the blame, but you are not shut out even if you were mostly responsible.
Consider a driver hurt in a crash at a Tempe intersection with $100,000 in damages who is found 30% at fault for speeding. Under pure comparative fault, that driver can still recover $70,000, the $100,000 award reduced by the 30% attributed to them. In a state with a "modified" comparative fault rule the same driver would still recover, but in states with a 50% or 51% bar, a plaintiff found more than half at fault recovers nothing. Arizona's pure rule is more forgiving.
One narrow exception under § 12-2505: the comparative-fault protection does not apply where the claimant intentionally, willfully, or wantonly caused or contributed to their own injury. In the ordinary negligence crash, though, the pure comparative rule governs.
Arizona sets a firm clock on injury claims. Under A.R.S. § 12-542, you generally have two years from the date of the accident to file a personal injury or wrongful death lawsuit. Miss that deadline and the court will almost certainly dismiss your case, no matter how strong it is. The two-year period also frames settlement negotiations: an insurer has little reason to pay fairly once your right to sue has expired.
A critical exception applies when a government entity or employee is involved, such as a City of Phoenix vehicle, a school bus, or a Maricopa County truck. Under A.R.S. § 12-821.01, you must serve a written notice of claim within 180 days of the incident, and any lawsuit against a public entity must be filed within one year. These shortened deadlines catch many people off guard, so government-vehicle crashes demand fast action.
| Situation | Deadline | Statute |
|---|---|---|
| Standard injury or wrongful death claim | 2 years from the crash | A.R.S. § 12-542 |
| Claim against a city, county, or state entity (notice) | 180 days | A.R.S. § 12-821.01 |
| Lawsuit against a public entity | 1 year | A.R.S. § 12-821 |
The steps you take in the first hours and days protect both your safety and your claim:
In an Arizona injury claim you may pursue both economic and non-economic damages. Economic damages cover measurable losses: past and future medical bills, lost wages and diminished earning capacity, vehicle repair or replacement, and out-of-pocket costs. Non-economic damages compensate for pain and suffering, disfigurement, loss of enjoyment of life, and emotional distress. Notably, Arizona does not cap compensatory damages in ordinary injury cases; the state constitution prohibits laws that limit damages for injury or death. In rare cases involving egregious conduct, such as a drunk driver, punitive damages may also be available.
Most Arizona car accident claims resolve through negotiation with an insurer rather than a trial. Adjusters are trained to settle claims for as little as possible, and early offers are frequently made before the full extent of your injuries is known. Once you accept a settlement and sign a release, you cannot reopen the claim even if your condition worsens.
Arizona law does require insurers to act in good faith. An insurer that unreasonably denies or delays a valid claim can be liable for insurance bad faith, a separate cause of action that can expose the company to damages beyond the policy limits. That leverage is one reason a well-documented, professionally presented claim tends to settle for more.
Not every fender-bender needs a lawyer, but you should strongly consider consulting one if the crash caused significant injuries, if fault is disputed, if multiple vehicles or a commercial truck were involved, if a government vehicle was involved, or if the insurer is delaying or denying a legitimate claim. Most Arizona car accident attorneys work on a contingency fee, meaning they are paid a percentage of the recovery and you owe nothing up front. An attorney can investigate fault, calculate the true value of your losses, handle the insurers, and file suit in Maricopa County Superior Court before the two-year clock runs.
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