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Arizona Car Accident Laws: Claims, Fault and Deadlines

After an Arizona car accident, stop at the scene, check whether anyone is hurt, and call for help if needed. Exchange contact, insurance, and vehicle information with the other driver. You must report an accident to law enforcement if it causes an injury, death, or apparent property damage of $2,000 or more.

If you can do so safely, take photos of the vehicles, road conditions, damage, and injuries. Get contact information from witnesses. Seek medical care as soon as possible, even if your injuries seem minor, and report the crash to your insurance company. Avoid admitting fault or guessing about what caused the accident.

Arizona uses a comparative fault rule. This means you may still recover compensation if you were partly at fault, but your compensation can be reduced by your percentage of blame. For example, if you are found 20% at fault, your recovery may be reduced by 20%. See A.R.S. § 12-2505.

In most cases, you have two years from the date of the accident to file a personal injury lawsuit.

Arizona Accident Laws

Key Takeaways

  • In Arizona, drivers must stop after a crash, help anyone who is hurt, share contact and insurance information, and report accidents involving injuries, deaths, or major property damage.
  • Arizona uses a fault-based system. This means the driver who caused the crash—and usually that driver’s insurance company—generally pays for injuries, car repairs, and other losses.
  • If you were partly at fault, your compensation may be reduced by the percentage of fault assigned to you.
  • Arizona drivers must have at least $25,000 in bodily injury coverage per person, $50,000 per accident, and $15,000 for property damage.
  • In most cases, you have two years from the crash date to file a personal injury lawsuit in Arizona. Acting sooner can help protect important evidence.

Steps After an Arizona Car Accident

After an Arizona car accident, focus first on safety and your legal responsibilities. Stop right away. Move your vehicle only if it’s safe to do so, and try to prevent another crash.

Check yourself and others for injuries. Call 911 if anyone is hurt or if emergency help is needed. Don’t admit fault or argue about who caused the accident. Arizona law requires you to give reasonable help to injured people, including calling for medical care when needed.

Exchange contact, driver’s license, insurance, and vehicle information with the other drivers. Take photos or videos of the vehicles, damage, license plates, road conditions, traffic signs, skid marks, and weather. Get contact information from witnesses if possible.

Keep your photos, notes, medical records, and any available video footage. These records may help show whether tire problems, mechanical issues, poor road conditions, or weather played a role in the crash.

Get medical attention as soon as possible, even if you think your injuries are minor. Some injuries don’t appear right away. Consider speaking with a lawyer before giving a detailed statement to an insurance company.

Arizona Accident Reporting and Insurance Rules

Arizona drivers must report certain crashes and carry required auto insurance.

Call law enforcement right away if a crash causes:

Call law enforcement immediately after any crash involving injury, death, or significant property damage.

  • Injury or death
  • Apparent property damage of $2,000 or more

Stay at the scene. Exchange your name, contact information, vehicle information, and insurance details with the other driver. Cooperate with police officers who respond.

Arizona requires at least:

  • $25,000 in bodily injury coverage for one person
  • $50,000 in bodily injury coverage for one accident
  • $15,000 in property damage coverage

Notify your insurance company as soon as you can. Be honest, but don’t admit fault or guess about what happened. Keep copies of the crash report, your insurance policy, letters or emails with the insurer, and other claim-related records.

Medical Care and Injury Documentation

Get medical care as soon as possible after a crash. This protects your health and creates records that may support your claim.

Follow your doctor’s treatment plan. Keep copies of your diagnosis, medical bills, prescriptions, and receipts for crash-related expenses.

Arizona has deadlines for injury claims, so documenting your injuries and costs can help show your damages and protect your rights.

Seeking Prompt Medical Treatment

Seeking medical care quickly can protect your health and document injuries caused by the accident. Even if you feel okay after a crash, get emergency care if you have severe pain, hit your head, feel numbness, have trouble breathing, or notice other serious symptoms.

Adrenaline can hide injuries, including concussions, internal injuries, and muscle or soft-tissue damage. A prompt medical exam allows a healthcare provider to check your condition, order tests if needed, and recommend treatment.

In Arizona, waiting too long to see a doctor may give an insurance company a reason to argue that the crash didn’t cause your injuries. You don’t need to figure out what’s wrong on your own or wait for symptoms to get worse. Follow your provider’s advice and focus on your recovery after the accident.

Documenting Injuries And Expenses

Careful records can help support an Arizona injury claim and show how the accident has affected your life. Keep copies of emergency room records, doctor’s notes, test results, prescriptions, therapy bills, and receipts for medical equipment.

Take photos of visible injuries as they heal. You may also want to keep a daily journal about your pain, physical limits, missed work, and activities you can no longer do or have trouble doing.

Save pay stubs, messages from your employer, mileage records, car repair estimates, and other accident-related expenses. These records can help show that your losses were caused by the crash, not by distractions, bad weather, or a preexisting condition.

Arizona’s comparative-fault rules can affect how much compensation you may recover. Clear, accurate documentation can help your attorney explain your damages in a credible way.

How Arizona Car Accident Fault Works

How Fault Works in Arizona Car Accidents

Arizona uses a fault-based system. That means the driver who caused the crash is usually responsible for paying for the damage and injuries.

To show who was at fault, you may need evidence such as police reports, witness statements, photos, vehicle data, and medical records.

EvidenceHow It Can Help
Police reportMay list traffic violations or describe what happened
Witness statementsCan support your account of the crash
Crash photosCan show vehicle damage, road conditions, and where the impact occurred
Vehicle dataMay show speed, braking, or other driving actions
Medical recordsHelp document injuries connected to the crash

Insurance companies will investigate the accident and decide how much fault each driver may have. However, the insurance company’s decision is not always final.

You may seek payment for your losses from the at-fault driver’s insurance company. If a fair settlement cannot be reached, you may also have the option to file a lawsuit.

In most cases, Arizona gives you two years from the date of the crash to file a personal injury lawsuit. Because deadlines and exceptions can apply, it is important to save evidence and act quickly after an accident.

Arizona Comparative Negligence Rules

You may still be able to recover money after a crash even if you were partly at fault. Arizona uses a “comparative negligence” rule. This means your compensation is reduced by your share of the blame instead of being completely denied.

For example, if your damages total $100,000 and you were 20% at fault, you could recover $80,000.

More than one person or company may be responsible for a crash, such as another driver, an employer, or a vehicle manufacturer. Each party’s percentage of fault can affect how much compensation is available.

Insurance companies may try to place more blame on you during settlement talks, so it’s important to understand how fault can affect your claim. In most cases, you have two years from the date of the injury to file a personal injury lawsuit in Arizona.

Evidence for an Arizona Car Accident Claim

The evidence you save after an Arizona car accident can affect who’s found at fault and how much compensation you may receive.

Take photos or videos of the vehicle damage, skid marks, road conditions, traffic lights or signs, your injuries, and the surrounding area before anything changes. Get the names and contact information of any witnesses. Save dashcam footage, videos, text messages, repair estimates, medical records, and proof of missed work or lost income.

Arizona uses a comparative-fault system, which means your compensation may be reduced if you’re found partly at fault. Strong evidence can support your version of events and help respond to claims that you caused or contributed to the crash.

Keep original files whenever possible. Write down the date, time, and location of the accident, and don’t edit photos, videos, or messages. Focus on accurate facts and document everything as soon as you can.

Filing an Arizona Insurance Claim

After a car accident, tell your own insurance company as soon as you can. If the other driver caused the crash, you may also file a claim with that driver’s insurance company.

Be honest about what happened. Save all evidence, such as photos, videos, police reports, medical records, repair estimates, and witness contact information. You may want to avoid giving a recorded statement until you understand your rights.

Arizona uses fault-based insurance rules. That means it is important to document anything that may show who caused the crash, including weather conditions, emergency vehicles, traffic signals, and traffic violations.

Claim stepWhat you should do
Report the crashNotify your insurance company promptly and get a claim number.
Gather evidenceSend photos, reports, medical bills, repair bills, and witness information.

Do not accept a fast settlement offer until you know the full cost of your injuries, vehicle damage, and other losses. Keep copies of every letter, email, bill, and message about your claim. Also, make sure you meet all deadlines in your insurance policy.

Uninsured and Underinsured Driver Claims

If the driver who caused the crash doesn’t have insurance, you may be able to use your own uninsured motorist coverage.

If the other driver has insurance but their policy doesn’t cover all of your losses, you may be able to make an underinsured motorist claim through your own policy.

Arizona insurers must offer these coverages, so check your policy and report your claim as soon as possible.

Uninsured Motorist Coverage

If an uninsured or underinsured driver causes your Arizona car accident, your own auto insurance may help cover your losses. Arizona insurance companies must offer uninsured motorist coverage under A.R.S. § 20-259.01, although you can decline it in writing. This coverage may pay for eligible damages if the driver who caused the crash has no liability insurance.

  1. Tell your insurance company about the accident as soon as possible and keep any evidence from the crash.
  2. Keep records of your medical treatment, missed work, lost income, and other losses.
  3. Don’t accept a low settlement offer before you understand your policy limits and any exclusions.

You must follow reasonable requirements in your insurance policy, such as providing information and cooperating with the claim investigation. However, your insurance company must treat your claim fairly. In general, Arizona law doesn’t allow an insurer to raise your premiums just because you make a valid uninsured motorist claim.

Underinsured Driver Claims

Underinsured motorist coverage can help if the driver who caused the crash has insurance, but not enough to cover all of your losses. In Arizona, insurance companies must offer this coverage, although you can decline it in writing.

If you have underinsured motorist coverage, it may pay for losses that exceed the other driver’s liability limits, up to the limit of your own policy. Your claim should account for the full effect of the crash, including medical bills, future treatment, lost wages, and pain and suffering.

Keep records of your medical care, out-of-pocket expenses, missed work, and any limits the injuries place on your daily life. Don’t assume that minimum insurance coverage will fully protect you.

Discussion ideas: policy limits; damage valuation.

Filing Insurance Claims

After a crash with an uninsured or underinsured driver, tell your own insurance company as soon as possible and open a claim under your uninsured motorist (UM) or underinsured motorist (UIM) coverage. Arizona insurers must offer this coverage, but you still need to follow your policy’s rules about reporting the crash and cooperating with the insurer.

To protect your claim:

  1. Report the crash and save the police report, photos, and witness contact information.
  2. Provide medical records and bills, proof of missed income, and information about the other driver’s insurance limits.
  3. Don’t accept a settlement from the other driver or their insurer until you understand how it could affect your UIM claim.

Good records can help you negotiate a fair settlement. If your insurance company delays your claim, offers too little, or denies coverage, review your policy’s dispute process and act quickly.

Compensation in Arizona Car Accident Cases

Arizona law may allow you to recover money for losses caused by a negligent driver. This can include medical bills, lost wages, car repairs, pain and suffering, and other costs related to the crash. You may also seek compensation for future medical care, rehabilitation, reduced ability to earn income, rental-car expenses, and damage to your vehicle.

Arizona uses a comparative-fault rule under A.R.S. § 12-2505. If you were partly at fault, your compensation may be reduced by your percentage of responsibility. Medical records, repair estimates, proof of missed work, and witness statements can help support your claim and show the full extent of your losses.

Do not accept an insurance company’s offer until you confirm it covers all documented costs and the long-term effects of the accident.

Arizona Car Accident Claim Deadlines

Even if you have strong evidence, you must take legal action before the deadline expires. In Arizona, you generally have two years from the date of the crash to file a lawsuit for injuries or vehicle damage. This deadline applies whether the crash was caused by distracted driving, bad weather, or another form of negligence. See A.R.S. § 12-542.

  1. Write down the crash date and keep all letters, notices, and insurance documents.
  2. Be aware that claims involving government agencies may have much shorter deadlines, including a 180-day notice requirement.
  3. Don’t assume that insurance settlement talks stop or extend the filing deadline.

If you miss the deadline, a court may dismiss your case even if the other driver was clearly at fault and your damages are well documented. Acting quickly can help protect your right to recover compensation.

When to Contact an Arizona Car Accident Lawyer

You should contact an Arizona car accident lawyer as soon as possible if you were injured, the other driver disputes who caused the crash, or an insurance company pressures you to accept a settlement.

A lawyer can help protect important evidence, handle insurance communications, and make sure you don’t miss Arizona’s legal deadlines.

Don’t wait until settlement talks break down or the deadline to file a claim is approaching.

Signs You Need Counsel

Legal help may be important after a crash if you have serious injuries, the other driver disputes fault, or the insurance company pressures you to accept a fast settlement. An attorney may also help if Arizona’s shared-fault rules, insurance limits, or medical records could affect how much you recover.

You may need a lawyer if:

  1. The insurance company downplays your injuries, delays payment, or asks you to give a recorded statement.
  2. More than one driver was involved, a commercial vehicle was involved, or police reports conflict.
  3. You may need future medical care, can’t work as much as before, or have a permanent injury.

An Arizona attorney can help gather and protect evidence, calculate your losses, deal with the insurance companies, and prepare your case for court if necessary.

Contact an Arizona car accident lawyer as soon as your medical needs are under control, especially if you’re injured, unsure who caused the crash, or dealing with insurance problems. Getting legal advice early can help protect important evidence, identify everyone responsible, and prevent you from saying something an insurance company could use against you.

A lawyer can also keep track of deadlines. In many Arizona injury cases, you generally have two years to file a lawsuit, but claims involving government agencies may require much earlier notice. Early help can also strengthen your case for a fair settlement or, if necessary, a trial.

Do not wait for an insurance company to make an offer. Speaking with a lawyer early may help protect the value of your claim.

Frequently Asked Questions

Can I Sue if the Other Driver Was Texting?

Yes. If the other driver was texting and caused the crash, you may be able to sue them for your injuries and other losses.

Texting while driving can help show the driver was careless. Save evidence, such as police reports, witness statements, photos, medical records, and phone records if available. You may be able to seek payment for medical bills, lost wages, vehicle damage, pain and suffering, and other damages.

What Happens if an Accident Involves a Rental Car?

If you’re in an accident with a rental car, you may need to deal with insurance claims, who was at fault, and who pays for the damage. Depending on your coverage, you could be responsible for repair costs, a deductible, or other fees. The rental company’s insurance and your own auto policy may help cover the costs.

✅ Yes. Dash cams are legal to use in Arizona. You can record public roads and traffic, but be careful about recording private conversations without consent. Place the dash cam where it does not block your view through the windshield.

Can I Recover Damages After a Hit-And-Run Accident?

Yes. You may be able to recover damages after a hit-and-run accident through your own insurance, such as uninsured motorist coverage or collision coverage. To protect your claim, report the accident right away, save photos and other evidence, get witness information, and follow Arizona’s filing deadlines.

Do Arizona Car Accident Settlements Affect My Taxes?

Most Arizona car accident settlements for physical injuries are not taxable. For example, if you receive $20,000 for medical bills, pain and suffering, or other physical injuries, you usually do not owe federal income tax on that money.

However, some parts of a settlement may be taxable, including punitive damages and interest added to the settlement. It is wise to consider the tax impact and timing of a settlement before accepting it.

Conclusion

After an Arizona car accident, take steps right away to protect your health and your claim. Arizona has more than 120,000 crashes in a typical year. Do not let an insurance company pressure you into making quick decisions or accepting less than you may deserve.

Get medical care, take photos, gather contact information, and keep records of your injuries and expenses. Arizona’s comparative-fault rules may allow you to recover compensation even if you were partly at fault. An Arizona car accident lawyer can explain your rights, deadlines, and possible next steps.

Rebbeca Jones
About the author
Rebbeca Jones
Rebbeca Jones leads the detailing department at CarsCounsel, bringing 12 years of experience in automotive aesthetics.