What Is The Claims Process In Arizona For Car Accidents: In Arizona, navigating the legal landscape of a car accident costs both time and money. This holds true for cases involving traffic laws, fatalities, claims for unlawful death, negligence and liability, and property damage.
However, fault insurance laws in this state hold the at-fault motorist liable for car accident damages. Moreover, Arizona’s two-year statute of limitations for automobile accident claims provides ample time for a plaintiff to file a petition.
Arizona Car Accident Reporting
People involved in a car accident in Arizona are required by law to notify the incident to local authorities. This applies in particular to accidents that result in bodily injury or sudden mortality and cause property damage in excess of $1,000.
Those involved must also make an effort to prevent a secondary collision by parking their vehicles off the mainline, offering assistance to the injured, activating hazard lights, and referring to ADOT guidelines.
Regardless of the mode of communication, the accident must be reported to either:
- The closest state patrol post
- The authority of the sheriff of the county
- The community’s security department
Participants should also gather pertinent information. Included are a phone number, email address, license plate information, and driver’s license number, among others. Before the police arrive, they can also capture photographs of the injuries and damage caused by the collision.
Car Accident Laws and Statutes in Arizona
According to the 2021 Arizona Crash Facts, 1,063 people have been killed in 121,345 collisions. Moreover, it is difficult to resolve the regulatory issues surrounding vehicular accidents, particularly the cost of damage.
Arizona currently requires drivers to maintain a minimum liability insurance policy. It should provide coverage of $15,000 per person for bodily injury, $30,000 per catastrophe for multiple injuries, and $10,000 for property damage.
How Is Fault Determined in Automobile Accident Cases in Arizona?
The legal culpability system for auto accidents in Arizona requires that, in the event of an accident, you rely on your personal protection insurance coverage (PIP) to file a claim for losses such as vehicle damage, injuries, and more.
Since Arizona uses a traditional negligence system, civil courts and insurance companies determine liability using the American tort system. It means that the at-fault driver must compensate the victims for their physical and financial injuries.
What is the Initial Step in Filing a Claim for a Car Accident in Arizona?
Those involved in a car accident in Arizona must contact their insurance company immediately after the crash to begin a claims process. State laws stipulate that the policy of the at-fault motorist is responsible for covering accidental losses. It is essential to report the incident and notify your insurance company if you are the victim. This ensures that you do not violate any of your insurance policy’s terms and conditions.
How long does the initial processing of a car accident claim take?
Once a claim has been submitted, the insurance company will conduct an investigation. The agency will collect evidence pertinent to the auto accident claim. They will assess the claims’ veracity and estimate the resulting damage’s cost.
You can either hire an attorney on your own to file your claim, or your insurance provider will provide you with one.
In Arizona, an insurer and their insurance provider have forty days to complete the claims procedure, which includes:
- 10 business days for acknowledging claims receipt and mailing policy documentation
- 15 business days are allotted for acknowledging proof-of-loss forms and completing documentation.
- 15 total days to send the claimant a payment receipt after receiving an accepted claim.
Occasionally, the insurance company requires additional time to investigate. However, they must provide a valid reason for the extension of an insurance claim’s processing time.
What Is a Settlement Negotiation for a Car Accident in Arizona?
In the event that a car accident claim is accepted, your attorney will engage in settlement negotiations. A legal settlement is a mutually acceptable pecuniary remedy. The parties will reach an agreement and abandon the pending lawsuit.
Prior to filing a lawsuit in local courts in Arizona, such as Mohave County, those involved in a car accident must resolve their dispute. Any party involved in the accident may request settlement negotiations at any time. The court may also issue the warrant.
It should be noted that the duration of negotiations differs from case to case. This process can take longer than six months if the insurance company makes it difficult for the claimant to obtain compensation. In simpler circumstances, a resolution can be reached within three months, particularly if you have a competent attorney fighting for your claim.
What If Your Arizona Auto Accident Claim Is Refused or Denied?
When a claim for a car accident is denied, the next stage is to obtain a court order or file an appeal. It depends on the Arizona judicial system due to the nature of the appeal. Authorities will investigate the timeliness of your auto insurance claim. They will search for any anomalies that support a false denial of an insurance claim.
Learn More About Automobile Accident Compensation in Arizona
The majority of automobile accident claims in Arizona are resolved through settlement.
In some instances, however, the insurance company may refuse to reimburse the amount. Or, you believe the compensation is not proportional to your losses.
In calculating a settlement offer, the parties and their attorneys will consider a variety of factors, such as car repairs, lost wages, and medical expenses (present and future), as well as the victims’ pain and suffering.
In Arizona, claimants have a minimum of two years from the date of an accident to initiate a civil lawsuit. Once the lawsuit is filed in court, a trial is held, although this can take months or even years to resolve. A car accident attorney can guide you through the claims process and provide you with the best available options.