A. Except as otherwise provided by law, a person commits unlawful solicitation of a tort victim if the person knowingly does any of the following at the scene of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person:
Terms Used In Arizona Laws 13-2924
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 3-1703
- Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 3-1703
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 3-1703
- Property: means anything of value, tangible or intangible. See Arizona Laws 3-1703
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Unlawful: means contrary to law or, where the context so requires, not permitted by law. See Arizona Laws 3-1703
- Vehicle: means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Arizona Laws 3-1703
1. Solicits a tort victim if the person receives or expects to receive compensation as a result of the solicitation.
2. Offers or provides compensation to another person for the solicitation of a tort victim.
3. Requests or accepts compensation for the solicitation of a tort victim.
B. This section does not prohibit or restrict any of the following:
1. The solicitation of motor vehicle repair or storage services by a towing company.
2. Police, fire or emergency medical personnel who are engaged in activity which is within the normal scope of duty for their respective occupation or profession.
3. The tort victim from communicating with the tort victim’s insurer regarding the investigation of a claim or settlement of any property damage claim.
C. The tort victim may void any contract, agreement or obligation that is made, obtained, procured or incurred in violation of this section.
D. A person who violates this section is guilty of a class 1 misdemeanor.
E. For the purposes of this section:
1. "Compensation" means the direct or indirect promise or payment of any fee, salary, wage, commission, bonus, rebate, refund, dividend or discount.
2. "Solicit" or "solicitation" means directly or indirectly either:
(a) Touting, promoting, recommending, suggesting or offering services or goods to a tort victim.
(b) Selecting, obtaining or procuring services or goods for a tort victim.
3. "Tort victim" means any of the following:
(a) A person whose property has been damaged as a result of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person.
(b) A person who has been injured or killed as a result of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person.
(c) A parent, guardian, spouse, sibling or child of a person who has died as a result of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person.