When a car accident occurs in Arizona, one of the following parties usually determines fault:
The police
The insurance company
The court
When a crash is reported to law enforcement, officers often determine fault in their police report. However, their assertion does not necessarily mean the individual is liable for damages. When one party makes an insurance claim, adjusters will investigate the collision. They typically determine fault based on the legal definition of negligence in the state of Arizona.
If either party files a lawsuit after the accident, a court will determine fault. The court may review the evidence and consider arguments from both attorneys. The court’s decision supersedes any prior fault determinations made by the insurance company or the police.