PIP is the acronym for personal injury protection insurance, which provides benefits regardless of who causes a car accident. Many states have no-fault insurance laws that require drivers to purchase PIP insurance coverage. These states are referred to as no-fault states.
Arizona is an at-fault state for car accident claims. However, you should still consider purchasing PIP insurance coverage as part of your car insurance policy.
Is PIP Insurance Coverage Required in Arizona?
Arizona does not require drivers to purchase PIP coverage. However, insurance companies must offer Medical Payments (MedPay) insurance, which is similar to PIP coverage. MedPay is an optional addition to your car insurance policy, so you can decline the coverage.
PIP insurance provides benefits regardless of who was at fault for causing the accident. For example, if you crash into another vehicle at a red light, your liability insurance will not cover your damages. However, if you have PIP, your insurance company will pay your medical bills, lost wages, and other covered expenses up to the policy limit.
MedPay is similar to PIP. It is also a no-fault insurance policy. Regardless of who causes an accident, you can file a claim with your insurance company for reimbursement of reasonable medical and funeral expenses up to the policy limits.
You can generally receive benefits quicker from a PIP or MedPay policy because fault isn’t an issue. You are not required to prove that the other driver caused the crash or fight with their insurance company to receive compensation. No-fault insurance should pay benefits quickly once you file a valid claim with your insurer.
Filing a MedPay or PIP claim does not prevent you from suing the other driver if they caused the car accident. You can still pursue a claim for your total economic and non-economic damages. Most car accident cases begin by filing a claim with the at-fault driver’s liability insurance provider.
Arizona’s Insurance Claims Process for Car Accidents
Since Arizona is an at-fault state, drivers are required to carry minimum amounts of liability insurance coverage. A driver must purchase a liability insurance policy for at least $25,000 in bodily injury coverage ($50,000 per accident) and $15,000 in property damage coverage.
Liability insurance pays the car accident victim when an insured driver causes a car crash.
For example, if a driver rear-ends you at an intersection, you could file a claim with their insurance company seeking compensation for your damages.
Simultaneously, you can file a claim under your MedPay policy to obtain benefits while you work to recover damages from the other driver’s insurance company. A liability claim could take months or years to resolve, depending on the facts of the case and whether you need to file a lawsuit.
How Does Fault Insurance Work in a Phoenix Car Accident Claim?
Because Arizona is a tort or at-fault state, you must prove fault to recover compensation for damages.
Therefore, you must have sufficient evidence to prove:
- The driver owed you a legal duty to use reasonable care when operating a vehicle;
- The driver breached their duty by failing to use the same level of care that a reasonable driver would use;
- The driver’s breach of duty directly and proximately caused the accident; and,
- You sustained injuries and damages because of the driver’s negligent conduct.
PIP only pays a portion of your financial losses. However, once you prove fault, you can demand compensation for the total of all economic damages.
These damages include:
- Medical bills and expenses
- Rehabilitative care
- Lost wages and benefits
- Property damage
- Reduction in earning capacity
- Out-of-pocket expenses
In addition to your economic losses, you may also seek compensation for non-economic damages, which are not covered by PIP insurance.
Non-economic damages include:
- Physical pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
- Mental anguish
- Diminished quality of life
- Impairments and disabilities
- Emotional distress
In addition to proving fault, you must also prove damages. Therefore, you will need medical records, financial statements, and other documentation proving the severity of your physical and emotional injuries as well as the total of your financial losses. A Phoenix personal injury lawyer will develop a case based on the evidence and law.
A Phoenix Car Accident Lawyer Can Help You With Your Insurance Claims After a Crash
Car accident claims can be confusing and frustrating. The insurance company will not consider your best interest when making a settlement offer for a personal injury claim.
Our Phoenix car accident attorneys have your best interest as our priority, and we’ll fiercely fight to protect your right to fair compensation for damages. Learn more during a free consultation with an attorney.