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Fault-Based Auto Insurance

Arizona Accident Lawyers for Fault-Based Auto Insurance

The laws surrounding motor vehicle accidents and insurance vary from state to state and can be confusing. Some states have "no fault" auto insurance laws, in which all parties go to their own insurance company to pay for their medical expenses, lost wages, and property damage in a car accident. Arizona is a "fault-based" state, meaning a person who is at fault for the collision is financially responsible for all the injuries and damages that person caused. 

In a fault-based state like Arizona, an at-fault driver's insurance company is responsible for paying for all damages, including medical expenses and pain and suffering for injuries, property damage, and wage loss.

While the fault-based system is thought by many to be more effective and encourage safer driving (38 states have fault-based laws; only 12 have no-fault laws), determining fault and receiving proper compensation from the insurance company can sometimes be complicated, especially if the af-fault driver is uninsured or underinsured, or if another driver, a vehicle defect, or a negligently designed or maintained roadway contributed to the accident. That is why Solomon and Relihan is here to help. We are Phoenix injury attorneys with more than 30 years experience helping accident victims in Maricopa County and throughout Arizona.

Types of Auto Insurance

Fault-based insurance policies have different types of coverage:

  • Liability - This is the basic type of coverage needed to be in compliance with state law. Liability coverage pays for property damage and bodily injury suffered by others if the insured driver causes a motor vehicle accident.
  • Collision - This type of insurance covers damage to your vehicle in the event of a collision with an object or another vehicle if you were at fault, or if the at-fault driver is uninsured or does not have enough liability coverage to pay for all the property damage caused.
  • Comprehensive - Comprehensive coverage covers damage to your vehicle not caused by a collision, such as vandalism and theft.
  • Uninsured Motorist - If the driver who caused the accident has no insurance, your uninsured motorist [UM] coverage will pay your medical expenses, pain and suffering, lost wages, and other personal injury damages. (Your property damage will be paid by your collision coverage.)
  • Underinsured Motorist - If the driver who caused the accident does not have enough liability coverage to pay for your medical expenses, pain and suffering, lost wages, and other damages caused by your personal injuries, your underinsured motorist [UIM] coverage provides an additional layer of coverage to pay the remainder of those damages.
  • Medical Payments Coverage - Med-pay coverage pays your medical expenses, regardless of who was at fault for the accident.

Sometimes people are afraid to make a claim under their uninsured motorist or other automobile coverage because they mistakenly believe that it will cause their insurance rates to go up. But A.R.S. § 20-263 prohibits insurance companies from increasing your motor vehicle insurance premiums unless you caused or significantly contributed to the accident.

Contact Solomon & Relihan, Arizona Auto Accident Attorneys

If you have been injured in a car accident are confused by insurance coverage issues and questions, you should talk with an experienced attorney. For a free initial consultation with a lawyer, contact our Phoenix law firm by e-mail or by telephone. For your convenience, home and hospital visits are available upon request.

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Solomon & Relihan | Accident and Injury Law

1951 West Camelback Road
Suite 110
Phoenix, AZ 85015-3470

Phone: 602-635-1532
Toll Free: 866-840-9765
Fax: 602-242-6933

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