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Knowing the at-fault driver’s insurance policy limits in Arizona helps you evaluate payment sources after a crash. A policy limit and the value of an injury claim answer different questions. Before accepting a settlement, identify what coverage actually applies, what remains available and what the proposed release would end.
Finding the at-fault driver’s policy limits after an Arizona accident requires separating pre-suit requests from mandatory disclosures in litigation. The available policies and their terms matter in a serious injury claim. If you want a broader view of how we approach these cases, see our Phoenix car accident practice.
Policy limits cap what an insurer will pay under a given policy. That’s it. They do not measure what your claim is worth.
Consider a hypothetical: proved damages are $200,000 and the responsible driver has an applicable $25,000 bodily injury limit. That does not make the damages worth $25,000 or guarantee that the insurer owes its full limit. Liability, coverage and other claimants still matter. Other policies or responsible parties may provide additional recovery, but no source automatically pays the remaining $175,000. A judgment against a person is also different from money that can be collected.
A valuation considers supported damages, fault, disputed evidence and litigation risk. Coverage analysis considers the applicable contracts, limits and exclusions. Keep separate totals for documented losses, proposed settlement amounts and verified insurance. This makes it easier to understand what an offer addresses and which questions remain open.
The following sources warrant review when the facts support them. None should be assumed available merely because injuries are serious.
Liability coverage: A responsible driver, vehicle owner or employer may have insurance covering the event. Determine who qualifies as an insured, whether the trip is covered and whether other claims have reduced the available limit.
Uninsured motorist coverage: Purchased UM may protect an insured person against covered bodily injury caused by an uninsured motorist. Hit-and-run and coverage-denial situations need their own analysis. A.R.S. § 20-259.01 governs the offer and selection rules. The current statute makes the delivered declarations page the final expression of selection or rejection. A missing signed form alone is not proof that coverage must be added.
Underinsured motorist coverage: UIM concerns covered bodily injury damages exceeding applicable liability limits, subject to section 20-259.01(G). Check your own and other potentially applicable policies, insured status and limits. It is not an automatic reimbursement for any bill remaining after a liability payment.
Excess or umbrella coverage: An additional policy may apply above specified underlying coverage. Obtain that policy’s declarations, terms and endorsements. Its insured definitions, exclusions, limits and attachment requirements can differ from the primary policy. Do not assume an umbrella exists or provides a standard $1 million merely because the driver owns property.
For a fuller look at what happens when the other driver has too little coverage or none at all, see our page on what happens when the other driver has no insurance.
For policies issued or renewed on or after July 1, 2020, Arizona’s minimum liability limits are 25/50/15. That’s:
The current limits appear in A.R.S. § 28-4009(A)(2)(b). Higher limits can be purchased. Special arrangements or categories of coverage require their own review. The policy effective on the accident date, including its per-person and per-accident terms, controls the contractual limit subject to applicable law.
Serious injury losses can exceed these amounts, but medical costs should come from the actual bills and treatment evidence. A procedure name is not a reliable dollar estimate. Multiple injured people can also share the per-accident limit, so the amount printed next to bodily injury may differ from what remains available for one claimant.
That’s why the coverage investigation cannot stop at “what does the other driver carry.”
A pre-suit request can ask for the limits and complete applicable policies, but you should not assume a telephone demand compels a liability insurer to disclose everything. The ordinary civil-litigation disclosure rule described below applies to parties in an action. Outside that process, identify any particular statutory, contractual or court-ordered duty that applies rather than importing another state’s disclosure deadline.
What the law actually does provide:
Before suit: Ask in writing for the policy, remaining limits and any excess coverage. Provide enough accurate information for the insurer to identify and evaluate the claim. A carrier may disclose voluntarily. If it declines, request a written response and discuss whether further investigation or litigation is warranted. A refusal does not, by itself, establish a third-party claimant’s right to sue the insurer for bad faith.
During litigation: Arizona Rule of Civil Procedure 26.1(a)(10) requires disclosure about applicable insurance, indemnity and suretyship agreements. This includes a copy, or specified information if no copy is available, coverage disclaimers or reservations and remaining dollar limits. It is a party disclosure duty, subject to the rule’s timing and applicable court orders. It does not make the existence of insurance automatically admissible at trial.
So the practical answer is: you find policy limits through a combination of informal investigation and, when necessary, formal discovery after suit.
Before anyone files a lawsuit, there are several places to look:
Once a complaint is on file, the disclosure mechanics change.
Rule 26.1(a)(10) covers agreements under which someone may satisfy all or part of a judgment or reimburse a payment toward it. The disclosure extends beyond the face value on an insurance card. Track what was produced, what the party says is unavailable and what coverage positions accompany it.
The rule requests the agreement itself, or its existence and substance when no copy is available, and includes relevant clauses and endorsements. It also addresses coverage limitations, denials and reservations of rights. Where disclosure is incomplete, counsel can request supplementation or use available discovery and court procedures. Do not cite Rule 26(b)(2) as a universal shortcut for every policy request.
Filing suit involves costs, deadlines, service and a supported legal claim. It should be a reasoned decision, not a guarantee of immediate coverage answers. Once litigation begins, use the applicable disclosure schedule and discovery tools to resolve identified gaps. A disclosed policy may still contain a disputed exclusion or limit.
A25/50 bodily injury policy generally has a $25,000 per-person limit and $50,000 total for the accident. Four injured people cannot each receive $25,000 from that $50,000 pool. That does not mean no individual can receive $25,000; allocation depends on the claims, available limits and resolution. Ask how much remains and whether payments have already been made.
Competing claims may be resolved through negotiations, a global settlement or an interpleader proceeding. There is no automatic equal division or universal injury-weighting formula. Assess the actual process, the competing claims and any available UIM or other coverage before deciding whether to accept an allocation.
Investigate additional coverage when supported by facts such as:
An employer may be liable for an employee’s conduct within the scope of employment, but employment alone does not establish liability for every trip. A second defendant does not guarantee a second limit; several defendants may share coverage. Obtain the actual commercial and excess policies rather than assuming a standard amount or that every umbrella applies.
UM/UIM review should occur alongside the liability investigation. Do not wait for the other insurer to finish before providing required notice to a potentially applicable first-party carrier.
Both are governed by A.R.S. § 20-259.01. A few practical points that matter:
Every coverage investigation should include the client’s own household policies, not just the at-fault driver’s.
Use a written coverage chart so the inquiry is based on documents rather than assumed limits. A useful checklist is:
The goal is to identify verified coverage and explain remaining uncertainty. A lawyer cannot promise that every possible policy has been found. A good review records what was requested, received, disputed and still missing, so the settlement decision has a clear factual basis.
An Arizona injury lawsuit against a private party generally has a two-year limit after accrual under A.R.S. § 12-542. A public-entity or public-employee claim generally requires a proper notice within 180 days after accrual under A.R.S. § 12-821.01, plus a separate lawsuit within one year after accrual under A.R.S. § 12-821. These are separate requirements, not extra time added to the private-party deadline. Identify the claimant, responsible parties and accrual date early. Minority, disability and other exceptions require individual review. A private contractor does not automatically become a public entity because it works on a public road.
UM/UIM also has separate written-notice and arbitration or lawsuit requirements under A.R.S. § 12-555. A pending request for limits does not suspend those requirements. Keep a deadline calendar while records are being gathered.
Do not assume a pre-suit demand compels disclosure. Ask in writing and identify any specific duty that applies. In an Arizona civil action, Rule 26.1(a)(10) requires party disclosure concerning applicable policies, coverage positions and remaining limits. Timing, court orders and the particular proceeding still matter.
Purchased UM can cover qualifying bodily injury losses caused by an uninsured motorist. UIM concerns damages exceeding applicable liability limits. Insured status and policy terms must be checked. The current selection rules in section 20-259.01 give the delivered declarations page a specific controlling role.
Ask for all applicable excess and umbrella coverage and request the policy documents. A driver’s home or business ownership is not proof of insurance. During litigation, Rule 26.1(a)(10) requires disclosure about agreements that may satisfy or reimburse a judgment, which can include applicable umbrella coverage.
The per-accident limit is shared according to the resolution of the claims, subject to per-person limits. A25/50 policy does not allow four separate $25,000 payments, but one claimant could receive that amount depending on allocation. Investigate other coverage and review any proposed settlement carefully.
MedPay benefits and the value of tort damages are separate questions. Section 20-259.01(J) permits a lien for auto medical payments above $5,000, in the amount above that threshold, with perfection and fair-compromise requirements. Review any asserted repayment right before calculating net settlement proceeds. Do not assume every dollar of MedPay must be repaid.
No. Supported damages and legal liability determine the claim’s value; policy terms and limits affect collection. Other coverage or responsible parties may provide additional payment, but their existence and obligations must be proved. A judgment exceeding insurance is not a guarantee of collection.
We can review the available policies, written coverage positions and injury records to identify what is known and what still needs investigation. Bring declarations, claim numbers and any proposed release to the consultation. The aim is to make a settlement decision with a clearer picture of the possible payment sources.
Free case review: (602) 345-1818. We answer 24/7. No attorney’s fees unless we recover (case costs and fee terms are set out in the written fee agreement).
By Jared J. Pehrson | Impact Legal Car Accident Attorneys
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