When somebody is involved in an automobile accident in Arizona they often think that the way to receive compensation for their medical bills, wage loss, pain, loss of enjoyment of life, and all other legal claims is to sue the other person’s insurance company. In fact, in Arizona, unlike other states, if you sue only the other driver’s insurance company you will have the case kicked out of court. Arizona does not allow somebody to sue the other driver’s insurance company. For instance, in an accident in Phoenix if the driver at fault had Allstate, State Farm, Progressive, American Family, Farmers, GEICO, or any other insurance company, and the person who was injured sued one of those insurance companies, they would not have a claim. Instead, they need to sue the driver who caused the accident.
This may sound surprising because the driver who caused the accident probably does not have money to pay for the injuries and the medical bills and all of the other legal claims. That is true. However, the insurance company for the driver in Phoenix, Arizona will step in and pay for the lawyer and pay for any claims up to the policy limits in that case.
Therefore, before filing a lawsuit it is advisable to make sure that you have the right defendant so that an otherwise valid claim against an insurance company following a Phoenix auto accident is not lost because of some technicality or legal loophole used by the insurance companies.