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Who Determines Fault After a Tucson, AZ Car Crash?

By Karnas Law Firm |

phoenix | karnas law firmArizona is a “fault” insurance state meaning that drivers who are involved in car accidents have many options for filing a claim. Drivers may file a claim against their own insurance company, the other driver’s insurance provider, or they may file a lawsuit for damages. If you are recovering from severe injuries after a Tucson car accident, you are urged to explore these options with a knowledgeable attorney near you.

Pursuing an At-Fault Car Insurance Claim After an Accident

law | karnas law firmTo pursue a claim against the other driver’s insurance company, it is necessary to prove the other driver was at fault for the collision. Doing so will show that the driver is liable for the damages and injuries you have incurred as a result of the accident. Determining fault is not always cut and dried. In most scenarios, both parties carry some degree of responsibility. It’s up to the insurance company to calculate your percentage of fault based on the facts of the accident they uncover from their investigation.

Comparative Negligence in Arizona

calculate | karnas law firmIn Arizona, insurance companies use “comparative negligence” to determine how much compensation to issue. Comparative negligence compares your percentage of fault to that of the other driver. This allows an injured party to seek monetary damages even if they were partly to blame for the crash. These losses, however, are proportionate to the person’s level of fault.

  • Reputable personal injury attorneys understand when your insurer may follow the strictest rules for determining comparative negligence. You should be aware that the insurer you file a claim against will do everything possible to avoid paying your claim or provide the bare minimum funds to quickly settle your case. A Tucson car accident attorney is an invaluable resource at this time.

Gathering Evidence for a Tucson Car Crash

paper | karnas law firmInsurance companies rely on several pieces of information to figure out who caused a collision, or who mostly caused it. Among these is the official police report. This report plays an essential role because it is considered the most accurate and unbiased source of the facts of the case. Additionally, insurance companies review all the evidence you and witnesses gathered at the scene, including photographs, notes, and other documents.

  • Finally, insurance companies do use the statements you made to police at the time of the accident to calculate your degree of fault. If it turns out you were mostly at fault, your own insurance company can use the information along with your driving history to consider raising your insurance rates.
  • After a car collision in Tucson, be sure not to admit fault. Stick to the details you remember regarding the circumstances that lead up to the crash. It’s the job of law enforcement and insurers to determine who is at fault by reviewing all the facts of the case.

At Karnas Law Firm, our attorneys have extensive experience negotiating with insurers to ensure you receive the funds you need by law. We also launch our own investigation of the car accident so that you have a better chance of winning the funds you need to get your life back on track. Call us today at (520) 571-9700 or fill out this form for a free consultation. You will not pay our firm until and if we obtain a successful outcome.