Utility Claim vs. Your Own Insurance in Arizona
After a wildfire, two separate paths to recovery can exist, and understanding the difference matters. A claim on your own insurance and a claim against the utility that caused the fire are not the same thing, and pursuing one does not replace the other.
Two different claims
Your own insurance claim is based on the policy you bought, and it is often the first source of recovery — but it is limited by your policy limits and coverage. A utility liability claim is against the company whose equipment caused the fire, and it can seek losses beyond those limits, including full property, income, and the harm you suffered.
They work together
You can generally pursue both, and they are coordinated — your insurer may seek reimbursement from the utility for what it paid you. If your own insurer is also delaying or underpaying without a reasonable basis, that can be a separate bad-faith issue we can address.
How we help
We explain how both paths fit your situation, pursue the utility, and help coordinate any insurance recovery. The review is free and confidential. Se habla español.
Frequently asked questions
If I already filed with my insurance, can I still sue the utility?
Generally yes — they are separate claims and can be pursued together. Your insurance is based on your policy; a utility claim can seek losses beyond your limits. The two are coordinated, which we handle.
Arizona law — what people ask
How long do I have to file an injury claim in Arizona?
Generally two years. But if a public entity is involved you must serve a formal notice of claim within 180 days and file suit within one year — and Arizona runs a much shorter one-year clock on dog-bite strict-liability claims specifically.
Can I still recover if I was partly at fault in Arizona?
Yes. Arizona applies pure comparative negligence, so fault reduces your recovery rather than ending the claim, and there is no percentage at which it cuts off. Arizona also treats fault questions as belonging to the jury rather than being resolved beforehand.
Does Arizona cap what I can recover?
No — and this sets Arizona apart from most states. Its constitution prohibits laws limiting damages for injury or death, and that applies to medical-malpractice claims too, where most states impose a cap. If you have read that pain and suffering is capped, that is not Arizona law.
What if more than one party was responsible?
Arizona generally applies several liability, so each responsible party answers for its own share rather than the whole judgment. That makes identifying every responsible party early a practical question about what is actually collectible.
The driver who hit me had no insurance. What now?
Your own uninsured or underinsured coverage is the usual route. Arizona also requires insurers to offer that coverage in writing — so if you were told your policy carries none, the underwriting file is worth checking before that answer is accepted.
Will the jury hear that my health insurance paid my bills?
Usually not — Arizona generally follows the collateral source rule. Medical-negligence cases are the statutory exception, where that evidence has been made admissible, which changes how medical damages are presented in those claims specifically.
Injury law in Arizona
Arizona injury law has some features that set it apart from its neighbors.
- Filing deadline: Arizona generally gives you two years from the injury to file, but only 180 days to serve a notice of claim on a public entity.
- Fault: Arizona follows pure comparative negligence — being partly, or even mostly, at fault reduces your recovery but does not bar it.
- Damage caps: Arizona is unusual: its constitution prohibits caps on injury or death damages, so a statutory cap does not limit what you can recover.
- Multiple defendants: Arizona generally applies several (not joint) liability, so each responsible party is accountable for its own share.
Related topics
California injury law
This is general information about Arizona injury law, not legal advice. Every case is different.
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