Estimate the potential value of your Arizona car accident claim. This calculator accounts for Arizona's specific fault rules, insurance requirements, and damage laws.
Enter your accident details for a personalized estimate
Arizona uses a pure comparative fault system. Unlike modified comparative states that bar recovery above a threshold, or contributory negligence states that bar recovery at any fault, Arizona allows plaintiffs to recover damages even at 99% fault. Your award is simply reduced by your fault percentage.
Consider a $100,000 claim at different fault levels:
This makes Arizona one of the most plaintiff-friendly jurisdictions in America for cases involving shared fault. Only about 13 states use pure comparative fault.
Article 18, Section 6 of the Arizona Constitution states: "The right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation." This provision constitutionally prohibits legislative caps on personal injury damages. Unlike states where caps were struck down by court decision (and could theoretically be reinstated through constitutional amendment), Arizona's protection is embedded in the constitution itself.
This means there is no ceiling on non-economic damages (pain and suffering), economic damages, or total compensatory damages in Arizona auto accident cases.
Under A.R.S. 28-4009, Arizona requires minimum liability coverage of 25/50/15 ($25,000 per person BI, $50,000 per accident BI, $15,000 PD). Insurers must offer UM/UIM coverage, but drivers can reject it in writing. Arizona does not mandate PIP or no-fault coverage. The statute of limitations for personal injury is 2 years from the date of the accident (A.R.S. 12-542). Government entity claims under A.R.S. 12-821.01 require notice within 180 days.
| Feature | Arizona | Texas | North Carolina |
|---|---|---|---|
| Fault System | Pure comparative | Modified (51% bar) | Contributory negligence |
| Recovery at 60% Fault ($100K) | $40,000 | $0 | $0 |
| Damage Caps | None (constitutional) | None for PI | None for PI |
| Min BI Liability | 25/50 | 30/60 | 30/60 |
| Statute of Limitations | 2 years | 2 years | 3 years |
Yes. Arizona uses pure comparative fault, meaning you can recover even at 99% fault. Your award is reduced by your fault percentage. At 70% fault on a $100,000 claim, you recover $30,000. This is more favorable than modified comparative or contributory negligence states where higher fault percentages bar recovery entirely.
No. Article 18, Section 6 of the Arizona Constitution prohibits statutory limitations on personal injury damage awards. This constitutional provision makes Arizona one of the most protective states for plaintiffs seeking full compensation for pain, suffering, and non-economic losses.
Under A.R.S. 28-4009, Arizona requires minimum liability coverage of $25,000 per person bodily injury, $50,000 per accident bodily injury, and $15,000 property damage (25/50/15). These limits were increased from 15/30/10 effective July 1, 2020.
Two years from the date of the accident under A.R.S. 12-542. Government entity claims under A.R.S. 12-821.01 require notice within 180 days of the incident, a much shorter window. Missing either deadline bars your claim permanently.
Arizona insurers must offer UM/UIM coverage to policyholders, but drivers can reject it in writing. If you accepted UM/UIM coverage and the at-fault driver is uninsured, your own UM policy covers your damages up to the policy limit.
Both states use pure comparative fault, allowing recovery at any fault level. The main differences are in insurance minimums (AZ requires 25/50/15 vs. CA's 15/30/5) and government claim procedures. Both states have no caps on personal injury damages.
No. Arizona is a traditional tort (fault-based) state. There is no mandatory PIP. You pursue the at-fault driver's liability insurance for your damages. Arizona has no threshold requirements to file a lawsuit; you can sue for any injury regardless of severity.
Yes. While Arizona's pure comparative fault system is plaintiff-friendly, fault percentage disputes still directly reduce your award dollar-for-dollar. A licensed Arizona attorney can challenge fault allocation, maximize your non-economic damages, and navigate government claim procedures if applicable.
Our suite of free calculators covers every aspect of accident settlements, insurance, and financial planning.