After you’ve been involved in an auto accident, it’s completely normal to feel overwhelmed by the sheer number of steps and actions you need to take to return to some sense of normalcy. As you navigate your physical and emotional recovery, unanticipated medical expenses, damage to your vehicle, and other consequences of the accident, you’ll also have to deal with the insurance company. Terms like “serious injury threshold” may crop up as you search for what steps to take after a car accident in Arizona, and you may feel confused and stressed about all of these unfamiliar words and phrases. Let’s take a closer look at what this particular term means, why it is not relevant to Arizona residents, and what you should focus on instead.
Understanding the ‘Serious Injury Threshold’
Many states, including Florida, Kentucky, Kansas, Hawaii, are considered “no-fault” states. After an auto accident in one of these no-fault states, you usually pursue a personal injury claim against your insurance company, as your insurance provider will use your no-fault insurance coverage to cover the damages. However, there is a limit to the amount of damages you can pursue—which varies from state to state—and if your injuries exceed the serious injury threshold, you may decide to file a lawsuit against the other driver to recover additional compensation.
Arizona is a Comparative Negligence State
It’s important to recognize that Arizona is not a no-fault state, which means the serious injury threshold is not applicable. Instead, it operates on the principle of comparative negligence. This means that the parties involved in an auto accident all carry some degree of responsibility, and the plaintiff’s potential monetary damages are then reduced by the amount of fault. For instance, if you seek $200,000 in damages, but it’s determined that you are 25% at fault for the accident, you are only entitled to recover $150,000.
Next Steps for Arizona Personal Injury Sufferers
If you are struggling in the aftermath of an Arizona auto accident, you should reach out to an experienced auto accident law firm to help you understand the best path forward.
Let the aggressive representation of Rabb & Rabb, PLLC handle the communications and negotiations with the insurance companies, the other parties involved in the accident, and their legal representation. At the same time, you focus on what matters most—your recovery. Call (520) 888-6740 to learn more.
