Arizona is an at-fault state for car accident insurance claims, which means the at-fault driver’s insurance company is responsible for paying for your damages. However, just because the other driver is primarily at fault for the accident doesn’t mean their insurance will cover the full extent of your losses. If you shared some fault for the accident or your injuries, Arizona’s comparative negligence law could reduce the value of your claim.
What Is Comparative Negligence?
Comparative negligence is a system for holding injured parties liable for the extent to which they contributed to their injuries. For example, if you were 20 percent at fault for the accident that harmed you, the other party would only be liable for 80 percent of your losses.
While some states have a modified comparative negligence rule, Arizona uses pure comparative negligence. This means you can still seek compensation even if you were 99 percent at fault. However, the more fault assigned to you, the less compensation you can recover. For this reason, it’s crucial to work with an experienced lawyer who can gather evidence to reduce your liability and maximize your compensation.
Examples of Comparative Negligence in Arizona Car Accidents
One example of comparative negligence in action is if you got into a collision with a driver who was turning left across your lane in an intersection. That driver may be primarily at fault for failing to yield to oncoming traffic. However, if you were speeding, their insurance company could assert that you are also partially at fault and reduce the value of your claim accordingly.
Another example would be if you were rear-ended while stopped at a red light but didn’t have your seatbelt on. While the driver who rear-ended you caused the accident, their insurance company could claim that you contributed to the severity of your injuries by not wearing your seatbelt.
The Impact of Comparative Negligence on Your Insurance Claim
Comparative negligence only legally applies to personal injury lawsuits, not insurance claims. However, insurance providers still use comparative negligence to reduce the amount of money they pay out to victims. If the insurance company knows you can only recover 80 percent of your losses through a lawsuit, it will not offer you more than 80 percent through a claim settlement.
By working with a skilled lawyer, you can push back against the insurance company’s tactics. Your lawyer may be able to provide additional evidence showing that the other driver was entirely at fault for the accident. Or they may be able to negotiate for a higher settlement because they know the insurance company doesn’t want to deal with a lengthy and expensive lawsuit.
Contact Our Arizona Car Accident Lawyers
Were you injured in an Arizona car accident caused by someone else’s negligence? Contact Valley Injury Team for a free consultation with a skilled car accident lawyer who can explain the role comparative negligence could play in your case. During your initial consultation, we’ll review the accident, go over your options for seeking the compensation you deserve, and answer your questions.
