Arizona · Comparative fault · Updated Oct 2026

Comparative fault in Arizona: who pays when both drivers share the blame

How pure comparative fault works in Arizona, the law behind it and how insurers apply it.

Short answer

In Arizona, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault.

Rule
Pure comparative
You recover nothing at
No cutoff: your damages are only reduced
Law
A.R.S. § 12-2505 (your damages are reduced by your share of fault; you are not barred even if you were mostly at fault)
Insurance system
Fault (tort)

Insurance and small claims in Arizona

No PIP required. Arizona requires only liability insurance, so the driver who caused the crash (and their insurer) pays for others' injuries and damage.

Small claims limit for car damage in Arizona: $5,000 (Justice Court small claims division; raised from $3,500 in 2025). Arizona small claims guide on Small Claims Map

How fast an insurer must handle a claim in Arizona

  • A.R.S. § 20-461 bans insurers, as a general practice, from failing to acknowledge claims promptly, failing to affirm or deny coverage within a reasonable time after proof of loss, and failing to settle in good faith when liability is reasonably clear.
  • The statute itself sets no fixed number of days.

More facts for Arizona

  • Arizona uses pure comparative fault: you can recover part of your damages even if you were more than half at fault (A.R.S. § 12-2505).

If the insurer says you were partly at fault

  1. Get the police report. Ask the agency that handled the crash (city police or county sheriff); DPS does not keep their reports. Reporting a crash in Arizona and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Arizona Department of Insurance and Financial Institutions (DIFI), Consumer Protection.
  4. Sue before the deadline: 2 years for both property damage and injury. Deadlines to sue in Arizona, with the calculator

Who pays in Arizona: fault and payout explainer

Pure comparative faultIn Arizona, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault.

Free help in Arizona

Questions about comparative fault in Arizona

Is Arizona a comparative negligence state?

Yes, pure comparative negligence. A.R.S. § 12-2505 (your damages are reduced by your share of fault; you are not barred even if you were mostly at fault)

Where can I complain if an insurer blames me unfairly in Arizona?

Arizona Department of Insurance and Financial Institutions (DIFI), Consumer Protection: https://difi.az.gov/

How fast must an insurer handle a car insurance claim in Arizona?

A.R.S. § 20-461 bans insurers, as a general practice, from failing to acknowledge claims promptly, failing to affirm or deny coverage within a reasonable time after proof of loss, and failing to settle in good faith when liability is reasonably clear. The statute itself sets no fixed number of days.

How do I get the police report in Arizona?

Ask the agency that handled the crash (city police or county sheriff); DPS does not keep their reports. For crashes on interstates and state highways worked by state troopers, request the collision report from the Arizona Department of Public Safety through its Public Services Portal (create an account, then 'Request a Report or Records'); requests are not taken by phone. Electronic copies cost $9; paper copies $9 for the first 9 pages. Reports may not be given out for commercial solicitation (A.R.S. § 28-667). https://www.azdps.gov/services/public/records

More for Arizona drivers

Nearby states

Sources

Last checked: Oct 24, 2026.