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Who determines fault in a car wreck?

  • Writer: sforrester07
    sforrester07
  • Aug 22
  • 1 min read

Updated: Sep 3

In Arizona, fault in a car accident is typically determined by insurance companies, law enforcement, and, if necessary, the courts. Here’s how the process usually works:


1. **Law Enforcement:** If police respond to the accident, they will investigate the scene, gather statements, and may issue a police report indicating their assessment of fault. However, their determination is not legally binding.


2. **Insurance Companies:** Each driver’s insurance company will conduct its own investigation, which may include reviewing the police report, speaking with witnesses, examining vehicle damage, and considering any available evidence (like photos or video). The insurance adjusters will then decide who they believe is at fault and to what degree.


3. **Courts:** If there is a dispute over fault or if someone files a lawsuit, a judge or jury may ultimately decide who is legally responsible for the accident.


Arizona follows a **comparative negligence** rule, meaning fault can be shared between parties. Each party’s compensation can be reduced by their percentage of fault.


If you need help with a specific accident or want to dispute a fault determination, consulting a legal professional is recommended.

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