Tort Negligence Liability Without Fault In Phoenix
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Arizona follows the comparative negligence rule, which means that even if you were partially at fault for the accident, you may still be eligible to recover compensation.
While losing your house due to an at-fault car accident is possible, it is generally unlikely, especially if you take proactive steps to protect your assets. Ensuring adequate insurance coverage and seeking legal advice promptly can help safeguard your home and other assets.
Fault for an Arizona car accident is determined by reviewing evidence, such as eyewitness statements, the crash report, and documentation of the accident scene.
In Arizona, which is not a no-fault state, if you have insurance and cause an accident, the other motorist can file a claim with your insurance company. Most insurance companies include provisions in their policies that require their insureds to report their accidents.
(1) No fault liability means liability of a person even without any negligent act on his part and even if he has taken due care and caution. (2) If a person brings and keeps any dangerous thing on his land, then he is liable for any damage caused if the thing escapes.
In a no fault state, you do not have to make a negligence claim to receive compensation. However, in Arizona, the first step in the process is to make a claim against the other driver and provide supporting evidence. As a result, you can typically expect the other driver to respond with their own negligence claims.
An important consequence of the fact that negligence necessarily involves wrong in the doing, but not in the doer, is that in some of its applications liability for negligence may be strict in the sense that it is imposed on defendants who should not be blamed for failing to have exercised reasonable care.
If the at-fault party doesn't have car insurance, you might have more difficulty getting compensation, but it's not impossible. If you have UI/UIM coverage, you can file a claim against your own insurance. You can also sue the driver directly with a lawyer's help if the driver has enough assets you can claim.
In no-fault states, each party carries insurance that pays for their own injuries, while the at-fault party typically pays for everyone's property damage. In at-fault, or tort, states, insurance for the driver who causes the accident pays for both injuries and damage.
