Arizona is an At-fault State
Phoenix auto accident victims often ask whether Arizona is a no-fault state or an at-fault state. Arizona is an at-fault state in the context of insurance and the law. This means the party deemed responsible for the auto accident in Phoenix is legally liable for the resulting damages. As long as it can be proven the driver in question acted negligently, his or her auto insurance provider will have to pay the ensuing damages to the victim(s). Negligence is a term often used by judges and attorneys to refer to a party's failure to provide the proper level of due care to those in the general vicinity.
The Clock of Justice Begins Ticking as Soon as the Phoenix Accident Occurs
Phoenix auto accident attorneys and auto insurance representatives are often asked if there is a specific time frame in which an auto accident claim must be filed with the court in order to obtain financial compensation for causally related losses. Indeed, Arizona's statute of limitations pertaining to auto accident claims is two years from the day of the accident. If a Phoenix auto accident attorney does not file a lawsuit on your behalf within this two-year time frame, you will not be able to file a lawsuit moving forward.
What Happens if the Other Driver is Underinsured or Uninsured?
If the other driver involved in your Phoenix auto accident lacks auto insurance or has no insurance at all, you have exactly three years from the accident date to file your claim. However, if you did not find out the other driver involved in the accident lacked insurance or had no insurance, you have three years from the point in time when you find out or the point in time when you should have known about the lack of insurance, to file your claim. A personal injury lawsuit will seek financial compensation from the at-fault driver's estate, creating the potential for his or her assets to be liquidated in order to compensate you for all losses causally related to the accident.
You Need the Assistance of a Proven Phoenix Auto Accident Attorney Even if Fault is Admitted
Even if the other driver(s) involved in the accident admit fault, it is in your interest to lean on Impact Legal. Auto insurers are hesitant to roll out settlement offers that provide full financial compensation for the entirety of damages stemming from such unfortunate collisions. Let Impact Legal fiercely advocate on your behalf and you will be able to square your focus on returning to work, recuperating from your injuries, and enjoying life. Your attorney will do everything within the confines of the law to maximize your insurance payout, settlement or court award.
If you or a loved one has recently been involved in a car accident make sure to call Impact Legal ASAP. We are available at (602) 345-1818.