[AZ] What should you do if an insurer bills you for damages when the other driver was at fault?

Lexi, Chatbot

I'm sorry to hear about your situation, dealing with insurance companies can be really frustrating. Have you already filed a claim with your insurance regarding the accident?

Lexi, Chatbot

Were there any police reports or witnesses that documented the other driver's fault in the accident?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your insurance dispute.

Brandon

Hi there, and welcome. My name is Brandon, and I'm an attorney. I'll be happy to help you out today. Please note that this discussion is for guidance only and does not constitute an Attorney-Client Relationship. My answers and comments should not be considered legal advice. Please also note that I am human, that I often need to research your answer to give you an accurate response, and that I work with other customers and get up from time to time. So please be patient while waiting for a response. Please feel free to reach out if more than 30 minutes have passed.

Where are you located?

Brandon

Why this may be happening: In Arizona, fault matters, but insurers do not always resolve it right away. When a vehicle is owned by a company, things can get more complicated. The company's insurer may have paid for repairs or damages upfront and is now trying to recover that money. If liability was not formally accepted yet, they may be billing you while they sort out reimbursement from the at fault driver's insurer.

Another common issue is that insurers rely heavily on the police report. If no one on your side obtained it or pushed back early, the insurance company may be acting on incomplete or one sided information. Your immediate next steps. Here is how I would suggest you move forward, in order:

1. Get the police report. In Arizona, you can request the crash report from the law enforcement agency that responded, under (AZ Rev Stat § 28-667), which governs the contents and availability of law enforcement accident reports. This report usually states who ran the red light or at least documents witness statements and citations. This is often the single most important piece of leverage.
2. Demand a written explanation from the insurer. Ask the insurance company charging you to explain, in writing, why they believe you are responsible, what policy they are relying on, and whether liability has been formally determined. Keep this factual and calm, as you are creating a paper trail. Arizona's (AZ Rev Stat § 20-461), the Unfair Claim Settlement Practices statute, requires insurers to conduct a reasonable investigation and to communicate the basis for a denial or claim decision, so you are entitled to ask for this in writing.
3. Notify them that fault is disputed. Clearly state that the other driver ran a red light, which would be a violation of Arizona's traffic-control device laws under (AZ Rev Stat § 28-645). Tell them a police report exists and that you are obtaining it. Ask them to pause collection or billing while liability is under review.
4. Loop in the company that owned the vehicle. Since this was a company vehicle, ask the company or their insurer whether they accepted or denied liability, whether they pursued the other driver's insurance, and whether subrogation was started. Many times the company already handled this but never communicated it to you.
5. Do not pay anything yet. Paying can be interpreted as accepting responsibility. Until liability is clearly resolved, it is best to hold off unless there is a court order or judgment.

Arizona specific context: Arizona follows a fault based system under its general negligence and comparative fault framework, (AZ Rev Stat § 12-2505). If the other driver ran a red light, their insurer should ultimately be responsible for damages. Even if the company insurer paid first, they usually recover from the at fault party rather than from you, unless there is a contractual reason they believe you are responsible.

Brandon

You are very welcome. This will conclude our chat.