Arizona
Arizona Car Accident Laws: Fault, Insurance, and Your Claim
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 7 primary sources cited on this page. How we verify our legal content
Arizona is an at-fault (tort) state that follows pure comparative negligence, so the driver who caused the crash is responsible for injuries and property damage, your recovery is reduced by your own percentage of fault, but you are never barred from recovering even if you were mostly to blame.
Is Arizona a no-fault or at-fault state?
Arizona is a traditional at-fault (tort) state. It is not one of the twelve no-fault or PIP-mandatory states. When a crash happens, the driver who caused it (and that driver's liability insurer) is responsible for the other party's injuries and property damage. An injured person may file a claim directly against the at-fault driver's insurer or file a lawsuit in court for all categories of damages, including pain and suffering, lost wages, and future medical expenses.
There is no personal injury protection (PIP) requirement in Arizona and no statutory injury threshold that must be cleared before a claimant may seek non-economic damages. Arizona law under A.R.S. § 28-4009 mandates only third-party bodily-injury and property-damage liability coverage. First-party medical coverage such as MedPay is available voluntarily but is not required by statute.
Because the fault system is pure tort, the speed and completeness of your recovery depend heavily on identifying and proving the other driver's fault. Documenting the scene, gathering witness contacts, and obtaining the police report are therefore especially important steps after any Arizona collision.
How fault is shared: Arizona's negligence rule
Arizona follows pure comparative negligence under A.R.S. § 12-2505. Under this rule, each party's recovery is reduced in proportion to their own percentage of fault, but no claimant is ever completely barred from recovering damages, even if they were more than 50% at fault for the crash.
For example, if a jury finds your total damages are $100,000 and you were 30% at fault, you recover $70,000. If you were 70% at fault, you still recover $30,000. This is more favorable to injured claimants than the "modified" comparative fault rules used in many other states, which cut off recovery once a plaintiff reaches 50% or 51% of fault.
The practical effect is that insurers and juries focus intensely on apportioning fault between all parties. Even if you bear significant responsibility for the crash, you retain the right to seek compensation from other at-fault parties. An attorney can help make sure your percentage of fault is not overstated during settlement negotiations or litigation.
Minimum car insurance in Arizona
Arizona law requires every motor vehicle owner to maintain minimum liability insurance under A.R.S. § 28-4009. The current minimums for policies issued or renewed on or after July 1, 2020, are: $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $15,000 for property damage, commonly written as 25/50/15. These limits replaced the prior 15/30/10 minimums, though those older limits may still apply to certain self-insurance certificate holders.
Financial responsibility for all motor vehicles is also mandated under A.R.S. § 28-4135. Driving without insurance in Arizona can result in license suspension, fines, and vehicle impoundment.
Uninsured and underinsured motorist (UM/UIM) coverage is not required, but insurers must offer it to you in writing under A.R.S. § 20-259.01. You may purchase UM/UIM coverage up to the same limits as your liability coverage or reject it; your policy declarations page records that decision. Given that Arizona has a significant uninsured-driver population, carrying UM/UIM is strongly recommended. If the at-fault driver has no insurance or too little insurance to cover your damages, your own UM/UIM policy fills the gap.
How long you have to file: the statute of limitations
A.R.S. § 12-542 sets a two-year statute of limitations for personal-injury and wrongful-death actions in Arizona, running from the date the cause of action accrues, typically the date of the accident. Miss that deadline and your lawsuit will almost certainly be dismissed, regardless of how clear the other driver's fault was.
Property-damage claims follow the same two-year period under A.R.S. § 12-542.
Claims involving a city, county, state agency, or other government defendant carry much shorter deadlines. A notice of claim must be filed with the relevant government entity within 180 days of the incident under A.R.S. § 12-821.01, and any lawsuit must be filed within one year under A.R.S. § 12-821. Missing the 180-day notice requirement is typically fatal to any government-entity claim.
Because evidence fades and witnesses become harder to locate over time, it is wise to consult an attorney well before either deadline expires. For a broader look at Arizona's civil filing deadlines, see the Arizona statute of limitations page.
What an Arizona car accident claim is worth
The value of an Arizona car accident claim depends on economic damages (medical bills, future treatment, lost wages, lost earning capacity, property damage), non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life), and in rare cases punitive damages for extreme misconduct.
Because Arizona follows pure comparative negligence, your award is reduced by your share of fault. A claim worth $200,000 in total damages is worth $160,000 if you were 20% at fault. Insurance policy limits also cap the practical recovery: if the at-fault driver carries only the minimum 25/50/15 limits, collecting more than $25,000 per person requires pursuing your own UM/UIM coverage, any excess liability coverage, or the driver's personal assets.
Soft-tissue injuries typically settle for lower amounts than fractures, surgeries, or permanent impairment. Documented treatment records and a clear chain of medical causation are among the strongest predictors of claim value. Use the Arizona car accident settlement calculator for a preliminary estimate, and consult a licensed Arizona attorney before accepting any insurer offer.
What to do after a car accident in Arizona
Step 1: Safety first. Move vehicles out of traffic if safely possible and check everyone for injuries. Call 911 if anyone is hurt or if property damage is significant.
Step 2: Report the crash. Arizona law requires drivers to report accidents involving injury, death, or property damage above a minimum threshold to local law enforcement. A police report creates an official record that is valuable for insurance and litigation purposes.
Step 3: Document everything. Photograph the scene, vehicle positions, damage, skid marks, traffic controls, and any visible injuries. Get the names, contact information, and insurance details of all drivers and witnesses.
Step 4: Seek medical attention promptly. Adrenaline can mask pain after a crash. Seeing a doctor or going to urgent care the same day documents the link between the accident and your injuries. Gaps in treatment are commonly used by insurers to minimize claim value.
Step 5: Notify your insurer. Report the crash to your own insurance company even if you were not at fault. Failure to report can affect coverage. Be factual but cautious; avoid making recorded statements to the other driver's insurer without legal advice.
Step 6: Consult an attorney before settling. Arizona's pure comparative negligence rule means insurers may try to shift blame to you to reduce their payout. An attorney can assess fault allocation, identify all available insurance coverages (including UM/UIM and umbrella policies), and negotiate a fair settlement. Personal-injury attorneys typically work on contingency, so there is no upfront cost.
Related resources: Arizona hit-and-run laws | Car accident laws by state | Arizona car accident settlement calculator
This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in Arizona.
More Arizona Laws
Frequently Asked Questions
Is Arizona a no-fault state?
No. Arizona is an at-fault (tort) state. There is no personal injury protection (PIP) requirement and no injury threshold to sue for pain and suffering. The driver who caused the crash is responsible for the other party's damages.
Is Arizona an at-fault state?
Yes. Arizona is a traditional at-fault state. Injured parties make claims against the at-fault driver's liability insurer or file suit directly. There is no mandatory PIP system or no-fault overlay.
What is the statute of limitations for a car accident in Arizona?
Two years from the date of the accident for personal injury and wrongful death claims under A.R.S. § 12-542. If the defendant is a government entity (city, county, or state), you must file a notice of claim within 180 days and bring suit within one year.
Can I still recover if I was partly at fault in Arizona?
Yes. Arizona follows pure comparative negligence (A.R.S. § 12-2505). Your recovery is reduced by your percentage of fault, but you can still collect even if you were more than 50% responsible for the crash. For example, being 60% at fault reduces a $100,000 award to $40,000; it does not eliminate it.
What are the minimum insurance requirements in Arizona?
Under A.R.S. § 28-4009, Arizona requires 25/50/15: $25,000 bodily injury per person, $50,000 bodily injury per accident, and $15,000 property damage. Uninsured/underinsured motorist coverage is not required but must be offered to you in writing.
How much is my Arizona car accident claim worth?
It depends on your economic damages (medical bills, lost wages, property damage), non-economic damages (pain and suffering), the other driver's fault percentage, and available insurance limits. Use the Arizona car accident settlement calculator for a preliminary estimate and consult a licensed Arizona attorney before settling.
Does Arizona require PIP coverage?
No. Arizona does not require personal injury protection (PIP) or any first-party no-fault medical coverage. Medical Payments (MedPay) coverage is available voluntarily but is not mandated. Arizona's mandatory coverage under A.R.S. § 28-4009 is limited to third-party bodily injury and property damage liability.
Injured in Arizona? Get a free case review from a personal-injury attorney
If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a Arizona personal-injury attorney. Most work on contingency, so there is no upfront cost.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Arizona Revised Statutes, Title 12 (Courts and Civil Proceedings), Chapter 16 (UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT), Article 1 (General Provisions)
§ 12-2505Comparative negligence; definitionIn forcecited in 8 of our articles
A. The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault which 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 intentionally, wilfully or wantonly caused or contributed to the injury or wrongful death. B. In this section, "claimant's fault" includes the fault imputed or attributed to a claimant by operation of law, if any.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 64 court opinionsMost recently applied by a court: 2024
In the courts (editorial summary, independently checked):Hall v. A.N.R. Freight System, Inc. (1986) held section 12-2505 a constitutional enactment that may apply to cases arising before its effective date but filed after. Williams v. Thude (1997) held an instruction directing a verdict against a wantonly negligent plaintiff went beyond what subsection (A) requires.
Leading cases:
- Hall v. A.N.R. Freight System, Inc. (Arizona Supreme Court 1986, 149 Ariz. 130)✓A plaintiff hurt in February 1984 sued that September, after Arizona's comparative negligence statute took effect; on a certified question the court held section 12-2505 constitutional and applicable to a claim that arose before but was filed after its effective date.
- Jimenez v. Sears, Roebuck and Co. (Arizona Supreme Court 1995, 183 Ariz. 399)✓A retiree injured when a hand grinder's disc shattered won a strict liability verdict after the judge refused comparative fault instructions; the court held section 12-2505 reaches product misuse rather than limiting damages, so refusing the instruction was error, and remanded.
- Williams v. Thude (Arizona Supreme Court 1997, 188 Ariz. 257)✓A jury was told that if the injured driver acted willfully or wantonly she had no right to any damages and must lose; the court held section 12-2505(A) only withholds comparative fault from such a plaintiff and does not bar all recovery, so the instruction was error.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Dog Bite Laws: Liability and Victim Rights, Arizona Dashcam Laws: Rules for Dashboard Cameras in Vehicles, Medical Malpractice Laws in Arizona (2026): Deadlines & Caps
Arizona Revised Statutes, Title 12 (Courts and Civil Proceedings), Chapter 5 (LIMITATIONS OF ACTIONS), Article 3 (Personal Actions)
§ 12-542Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitationIn forcecited in 11 of our articles
Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions: 1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561. 2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured. 3. For trespass for injury done to the estate or the property of another. 4. For taking or carrying away the goods and chattels of another. 5. For detaining the personal property of another and for converting such property to one's own use. 6. For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 497 court opinionsMost recently applied by a court: 2026
Leading cases:
- Kenyon v. Hammer (Arizona Supreme Court 1984, 142 Ariz. 69)“…es at the date of death and is barred two years thereafter. A.R.S. § 12-542(2). Plaintiff argues that Count I of th…”
- Walk v. Ring (Arizona Supreme Court 2002, 202 Ariz. 310)“…rtant, if not irrelevant. 2 The text of A.R.S. § 12-542 reads in pertinent part as follows:…”
- Florez v. Sargeant (Arizona Supreme Court 1996, 185 Ariz. 521)“…informed Gomez of the two year statute of limitations under A.R.S. § 12-542 and that it was the position of the Dio…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Medical Recording Laws: Patient Rights and HIPAA Rules, Arizona Medical Records Retention Laws (2026 Guide), Motorcycle Accident Laws in Arizona (2026): Deadlines & Helmets
Arizona Revised Statutes, Title 12 (Courts and Civil Proceedings), Chapter 7 (SPECIAL ACTIONS AND PROCEEDINGS IN WHICH THE STATE IS A PARTY), Article 2 (Actions Against Public Entities or Public Employees)
§ 12-821General limitation; public employeeIn forcecited in 3 of our articles
All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 226 court opinionsMost recently applied by a court: 2026
Leading cases:
- Dube v. Likins (Court of Appeals of Arizona 2007, 216 Ariz. 406)“…ded complaint, and the claim was untimely. ¶ 7 Under A.R.S. § 12-821, “[a]U actions against any public entit…”
- Grimm v. Arizona Board of Pardons & Paroles (Arizona Supreme Court 1977, 115 Ariz. 260)“…1. Does appellants’ failure to fulfill the requirements of A.R.S. § 12-821 preclude this suit? 2. Do the Arizona…”
- Deer Valley Unified School District No. 97 v. Houser (Arizona Supreme Court 2007, 214 Ariz. 293)“…10 § 12-821 (1956)). Because A.R.S. § 12-821 did not, “by its terms, define what co…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Slip and Fall Laws: Proving Premises Liability, Arizona Statute of Limitations: Filing Deadlines by Case Type
§ 12-821.01Authorization of claim against public entity, public school or public employeeIn forcecited in 3 of our articles
A. Persons who have claims against a public entity, public school or a public employee shall file claims with the person or persons authorized to accept service for the public entity, public school or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity, public school or public employee to understand the basis on which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim that is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon. B. For the purposes of this section, a cause of action accrues when the damaged party realizes he or she has been damaged and knows or reasonably should know the cause, source, act, event, instrumentality or condition that caused or contributed to the damage. C.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 318 court opinionsMost recently applied by a court: 2026
Leading cases:
- Dube v. Likins (Court of Appeals of Arizona 2007, 216 Ariz. 406)“…n wMch caused or contributed to the damage.” 1 A.R.S. § 12-821.01(B); see also Long v. City of Gle…”
- Deer Valley Unified School District No. 97 v. Houser (Arizona Supreme Court 2007, 214 Ariz. 293)“…t) received a “claim letter” sent pursuant to A.R.S. § 12-821.01 from McDonald.…”
- Falcon Ex Rel. Sandoval v. Maricopa County (Arizona Supreme Court 2006, 213 Ariz. 525)“…r medical malpractice. ¶ 4 Attempting to comply with A.R.S. § 12-821.01(A), the plaintiffs sent a notice of cla…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Arizona Revised Statutes, Title 20 (Insurance), Chapter 2 (TRANSACTION OF INSURANCE BUSINESS), Article 2 (Kinds of Insurance; Reinsurance; Limits of Risk)
§ 20-259.01Motor vehicle liability policy; uninsured optional; underinsured optional; subrogation; medical payments liens; definitionsIn forcecited in 3 of our articles
A. Every insurer writing automobile liability or motor vehicle liability policies shall make available to the named insured thereunder and by written notice offer the named insured and at the request of the named insured shall include within the policy uninsured motorist coverage that extends to and covers all persons insured under the policy, in limits not less than the liability limits for bodily injury or death contained within the policy. The offer of limits to a named insured or applicant shall be made on a form approved by the director. An insurance producer that uses such a form in offering uninsured motorist coverage satisfies the insurance producer's standard of care in offering and explaining the nature and applicability of uninsured motorist coverage. The policy declarations page must be sent to the named insured, constitutes the final expression of the named insured's decision to purchase or reject uninsured motorist coverage and is valid for, extends to and covers all persons insured under the policy.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 230 court opinionsMost recently applied by a court: 2026
Leading cases:
- Calvert v. Farmers Ins. Co. of Arizona (Arizona Supreme Court 1985, 144 Ariz. 291)“…ists Act (hereafter referred to as the “Act” or “Statute”), A.R.S. § 20-259.01. We granted review in this case to sett…”
- State Farm Mutual Automobile Insurance v. Wilson (Arizona Supreme Court 1989, 162 Ariz. 251)“…use both UM and UIM insurance are creatures of statute (see A.R.S. § 20-259.01), we turn first to consider whether the…”
- Lowing v. Allstate Insurance (Arizona Supreme Court 1993, 176 Ariz. 101)“…ninsured" within the meaning of the Uninsured Motorist Act, A.R.S. § 20-259.01, and thus whether an insurance policy t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Hit and Run Laws: Penalties and What to Do, Arizona Supreme Court Bars UIM Stacking Across Jointly Purchased Household Policies
Arizona Revised Statutes, Title 28 (Transportation), Chapter 9 (VEHICLE INSURANCE AND FINANCIAL RESPONSIBILITY), Article 1 (General Provisions)
§ 28-4009Motor vehicle liability policy requirementsIn forcecited in 2 of our articles
A. An owner's motor vehicle liability policy shall comply with the following: 1. The policy shall designate by explicit description or by appropriate reference all motor vehicles for which coverage is granted. If coverage is provided for a fleet of seven or more motor vehicles, the maximum payable for any one accident is the limit of liability stated in the policy. There is no accumulation of coverage for each separate vehicle covered. 2. The policy shall insure the person named in the policy as the insured and any other person, as insured, using the motor vehicle or motor vehicles with the express or implied permission of the named insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of the motor vehicle or motor vehicles within the United States or the Dominion of Canada, subject to limits exclusive of interest and costs, for each motor vehicle as follows: (a) For a policy that is issued or renewed on or before June 30, 2020 or for a policy that is issued to a person that has a valid certificate of self-insurance or partial self-insurance pursuant to section 28-4007: (i) $15,000 because of bodily injury to or…
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 20 court opinionsMost recently applied by a court: 2025
Leading cases:
- Farmers Ins. Co. of Arizona v. Young (Court of Appeals of Arizona 1998, 195 Ariz. 22)“…190 Ariz. 508 , 950 P.2d 167 (App.1997). A.R.S. § 28-4009(B) ¶ 6 We first address Young…”
- Taylor v. Travelers Indem. Co. of America (Arizona Supreme Court 2000, 198 Ariz. 310)“…atute. See id. at 218 , 550 P.2d at 89 ; see also A.R.S. § 28-4009. The rationale of that decision is that…”
- Young v. Beck (Arizona Supreme Court 2011, 227 Ariz. 1)“…10 permissive drivers. See A.R.S. §§ 28-4009, -4135. As the court of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Arizona Revised Statutes, Title 28 (Transportation), Chapter 9 (VEHICLE INSURANCE AND FINANCIAL RESPONSIBILITY), Article 4 (Mandatory Motor Vehicle Insurance)
§ 28-4135Motor vehicle financial responsibility requirement; civil penalties; restricted driving privilege; evidence at hearingIn force
A. A motor vehicle that is operated on a highway in this state shall be covered by one of the following: 1. A motor vehicle or automobile liability policy that provides limits not less than those prescribed in section 28-4009. 2. An alternate method of coverage as provided in section 28-4076. 3. A certificate of self-insurance as prescribed in section 28-4007. 4. A policy that satisfies the financial responsibility requirements prescribed in article 2 of this chapter. B. A person operating a motor vehicle on a highway in this state shall have evidence within the motor vehicle of current financial responsibility applicable to the motor vehicle. The evidence may be displayed on a wireless communication device that is in the motor vehicle. If a person displays the evidence on a wireless communication device pursuant to this subsection, the person is not consenting for law enforcement to access other contents of the wireless communication device. C.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 5 court opinionsMost recently applied by a court: 2019
Leading cases:
- Odom v. Farmers Ins. Co. of Arizona (Court of Appeals of Arizona 2007, 216 Ariz. 530)“…n involving a vehicle rented [there].” See A.R.S. § 28-4135(A) (requiring liability insurance for m…”
- Farmers Ins. Co. of Arizona v. Young (Court of Appeals of Arizona 1998, 195 Ariz. 22)“…lity insurance is not fortuitous, but rather is required by A.R.S. § 28-4135. In Young’s hypothetical, any gap in th…”
- Jeffrey Odom v. Farmers Insurance Company of Arizona (Court of Appeals of Arizona 2007)“…accident in Oregon involving a vehicle rented [there].” See A.R.S. § 28-4135(A) (requiring liability insurance for m…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- A.R.S. § 28-4009 — Minimum motor vehicle liability insurance limits(azleg.gov).gov
- A.R.S. § 28-4135 — Motor vehicle financial responsibility(azleg.gov).gov
- A.R.S. § 20-259.01 — Uninsured and underinsured motorist coverage offer requirement(azleg.gov).gov
- A.R.S. § 12-542 — Two-year statute of limitations for personal injury(azleg.gov).gov
- A.R.S. § 12-2505 — Pure comparative negligence(azleg.gov).gov
- A.R.S. § 12-821.01 — 180-day notice of claim for government defendants(azleg.gov).gov
- A.R.S. § 12-821 — One-year suit deadline for government defendants(azleg.gov).gov