What to do after a car accident in Arizona
- Get medical care immediately and follow through with treatment. Describe every symptom.
- Report the crash to police. Arizona law requires drivers in a crash causing injury or death to give immediate notice to law enforcement. A.R.S. § 28-666
- Document the scene: photos of vehicles, the roadway, signals, debris and injuries, plus names and numbers of witnesses.
- Exchange information with the other drivers, including insurance details.
- Notify your own insurer, but think twice before giving a recorded statement to the other driver's insurer.
- Write down what happened while it is fresh, and keep every bill, receipt and record of missed work.
Common Arizona crashes we handle
- Rear-end crashes in stop-and-go traffic on I-10, I-17 and the Loop 101 and 202
- Intersection and left-turn collisions on wide, high-speed arterial roads
- Red-light and speeding crashes
- Distracted driving: Arizona prohibits holding or supporting a phone while driving A.R.S. § 28-914
- Impaired driving crashes
- Hit-and-run crashes, where uninsured motorist coverage may apply
- Rideshare and Waymo crashes in the Phoenix area (see rideshare accidents)
Arizona law that shapes your claim
Deadline. Most car accident injury lawsuits must be filed within two years. A.R.S. § 12-542
Crashes involving public vehicles or roads. If a city, county, state or public-employee driver may be responsible, a notice of claim must be filed within 180 days. It must state the facts and a specific amount for which the claim can be settled. A.R.S. § 12-821.01 Suit must follow within one year. A.R.S. § 12-821
Pure comparative fault. Your compensation is reduced by your percentage of fault, but you can still recover. A.R.S. § 12-2505
Several liability and the "nonparty at fault." Each defendant generally pays only its own share of fault, and defendants may ask the jury to assign fault to people who are not in the lawsuit, such as a phantom driver or another motorist. A.R.S. § 12-2506 Fault assigned to a nonparty is not paid by anyone in the case. This is one of the most important reasons to investigate early and name every responsible party in time.
No caps on damages. The Arizona Constitution prohibits laws limiting damages for injury or death. Ariz. Const. art. 2, § 31
Who can be responsible
- The at-fault driver
- The driver's employer, if the driver was working
- A family car owner: Arizona recognizes the family purpose doctrine, which can make a head of household responsible for a family member's use of a family car
- Someone who lent a car to a driver they knew was unfit (negligent entrustment)
- A public entity, for dangerous road design or maintenance, subject to the notice-of-claim rules
- A vehicle or parts manufacturer, for defects that caused or worsened injuries
Insurance coverage after an Arizona crash
Arizona's minimum liability limits are $25,000 per person, $50,000 per accident and $15,000 for property damage. A.R.S. § 28-4009 Those minimums run out quickly after a serious injury.
Insurers must offer uninsured and underinsured motorist coverage in writing. Your declarations page is the final word on what you bought. A.R.S. § 20-259.01 Underinsured motorist coverage applies when the total of all applicable liability limits is less than your damages. Medical payments coverage, health insurance and an employer's commercial policy may also apply. Hospital and provider liens are common in Arizona injury claims and must be resolved from any settlement.
Compensation you may recover
Arizona juries may award the full measure of damages the evidence supports: past and future medical expenses, lost earnings and earning capacity, pain and suffering, emotional distress and loss of enjoyment of life, and property damage. Punitive damages require clear and convincing proof of an "evil mind," such as conscious disregard of a substantial risk of harm. Linthicum v. Nationwide Life Ins. Co. (1986) 150 Ariz. 326
How insurers fight Arizona car accident claims
- Blaming a nonparty to shrink the defendant's share of fault
- Arguing comparative fault, such as speeding or not wearing a seat belt
- "Minor impact" and treatment-gap arguments
- Blaming pre-existing conditions for current symptoms
- Using recorded statements to lock in harmful answers
- Lowball early offers, before the full extent of injuries is known
Eli spent years defending injury lawsuits for an insurer, and he uses that experience to anticipate these arguments and build the evidence to answer them.
How Eli handles your Arizona case
Eli personally investigates the crash, gathers records and evidence, identifies every responsible party and insurance policy, values your past and future losses, and negotiates directly with the insurer. Every case is prepared for trial. The firm's office is in Los Angeles. Arizona clients usually start with a free phone consultation, and Eli handles the case in the Arizona courts.
Videos: after a car accident
Minimal impact DOES NOT mean minimal injury.
Why little or no visible vehicle damage does not prove you were not hurt, and how insurers use "low impact" arguments against injured people.
Before You Give Insurance a Recorded Statement, Watch This
What to know before you talk to the other driver's insurance company or agree to give a recorded statement.
Car Accident? These 3 Mistakes Could Ruin Your Case.
Three common mistakes after a car accident that seem harmless in the moment but can hurt a claim later.
About to Accept That $20,000 Settlement? Watch This First.
Why it pays to understand the full value of your claim before accepting an early settlement offer.
Arizona car accident FAQ
How long do I have to file a car accident lawsuit in Arizona?
Generally two years. A.R.S. § 12-542 If a public entity or employee may be responsible, a notice of claim is due within 180 days, and the lawsuit within one year.
What is a "nonparty at fault"?
It is a person or company the defendant blames who is not part of the lawsuit. If the jury assigns them fault, the defendants pay less. Identifying and including the right defendants early protects your recovery.
Is Arizona a no-fault state?
No. Arizona is an at-fault state. The driver who caused the crash, and that driver's insurer, are responsible for the harm.
Does Arizona limit pain and suffering damages?
No. The Arizona Constitution prohibits limits on damages for injury or death.
How much does it cost to hire you?
Nothing up front. Eli works on a contingency fee. There is no attorney's fee unless there is a recovery, and your written fee agreement explains how case costs are handled.
This page explains general rules of California and Arizona law. It is not legal advice, laws change, and every case depends on its own facts. Reading it or contacting the firm does not create an attorney-client relationship.
