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Car Accidents

Being involved in a car accident, even a minor one, can be very stressful and overwhelming. You'll need guidance as the events unfold; contact Sher Law Group as quickly as possible so the right steps can be taken to support your case.

Car accident attorney

What are my rights after a car accident in Arizona?

Arizona gives you two years from the date of a crash to file a personal injury lawsuit (A.R.S. § 12-542). Miss that deadline and the claim is normally gone no matter how strong it was. If a government vehicle, a city bus or a defective public road is involved, the window is far shorter: a formal notice of claim must be served within 180 days, with suit filed inside one year (A.R.S. § 12-821.01). Arizona follows pure comparative negligence (A.R.S. § 12-2505), so being partly at fault does not bar you from recovering; it reduces your damages by your share of the blame. That rule is why insurers work to assign you fault early. A claim can recover medical expenses already incurred and reasonably expected, lost income and lost earning capacity, vehicle damage, and pain and suffering. Consultations are free and there is no fee unless we win.

How fault and insurance work in Arizona

Arizona is an at-fault state. The driver responsible for a collision, through their insurer, pays for the harm they caused. There is no no-fault system requiring you to turn to your own policy first, and no injury threshold you must cross before you can bring a claim.

Fault is rarely all-or-nothing. Under Arizona's pure comparative negligence rule (A.R.S. § 12-2505), damages are reduced by each party's share of responsibility, with no cutoff: a driver found 60% at fault still recovers 40%. When an adjuster tells you that you were partly to blame and therefore have no claim, that is not Arizona law.

The limits problem

Arizona requires only modest liability coverage. For policies issued or renewed after June 30, 2020, the minimums are $25,000 per person and $50,000 per accident for bodily injury, and $15,000 for property damage (A.R.S. § 28-4009). Older policies may still carry the previous 15/30/10 limits.

A single ambulance ride, emergency room visit, and MRI can approach $25,000 before treatment has properly begun. When the at-fault driver carries the minimum, that policy is often exhausted long before your bills are, and the driver frequently has no assets worth pursuing. This is the most common reason a serious claim recovers less than it should; and the most common reason people are surprised.

Your own policy is often where the recovery is

  • Underinsured motorist (UIM) coverage applies when the at-fault driver had insurance but not enough. It generally pays on top of their limits rather than instead of them.
  • Uninsured motorist (UM) coverage applies when the driver had no insurance or fled the scene and was never identified.
  • Medical payments (MedPay) coverage pays medical bills regardless of who was at fault, and does not require you to prove anything.

Arizona insurers must offer UM and UIM coverage, so many people carry it without realizing. Bring your declarations page to your consultation; it is frequently the most valuable document in the file.

Why early medical treatment matters

Gaps in treatment are the single most effective argument an insurer has for paying less. A delay between the collision and your first visit, or a month-long break mid-treatment, will be characterized as evidence that you were not badly hurt or that something else caused your symptoms. Soft tissue injuries and concussions in particular often feel worse two or three days later, once adrenaline has receded. Being checked promptly protects both your health and your claim.

If you have no health insurance, that is not a reason to go without care. We regularly connect clients with providers who treat on a lien and wait for payment until the claim resolves.

What to expect from the other driver's insurer

The adjuster will likely call within days, sound helpful, and ask for a recorded statement and a broad medical authorization. Neither is required, and both are used to build a defense: the statement to lock in an account before you know the extent of your injuries, the authorization to comb years of unrelated records for something to blame. An early settlement offer follows the same logic; it arrives while your future treatment costs are still unknown, and accepting it generally closes the claim permanently.

If you were in a car accident, take these steps

  1. Contact help immediately if anyone was seriously injured and requires medical attention.
  2. Obtain contact information for any witnesses at the scene.
  3. Call the police and ask the officer to provide you with an accident exchange form.
  4. Do not admit contributing to the cause of the accident or apologize to anyone involved.
  5. Do not speak with the at-fault party's insurance company or accept any offer until first contacting a personal injury attorney.

Take photos of the following

  1. Vehicles involved; take photos from different angles and distances showing damage to your vehicle and the vehicle that hit you.
  2. Skid marks or road conditions such as construction signs.
  3. Any items in your vehicle that were damaged as a result of the impact.

What your claim may recover

  • Medical bills (past and future)
  • Lost wages (past and future)
  • Pain and suffering
  • Property damage
  • Permanent injuries

Deadlines

In Arizona, if you were injured in a car accident you generally must bring a claim within two years of the date of the incident (A.R.S. § 12-542). If legal action is not sought within this time you forfeit your right to sue the negligent driver.

Some deadlines are far shorter. If a government vehicle was involved, a city bus, a municipal truck, a police cruiser, or a public roadway defect contributed to the crash, a notice of claim must generally be served within 180 days (A.R.S. § 12-821.01), with suit filed within one year. Where a collision was fatal, a wrongful death action follows its own rules (A.R.S. § 12-611). It is important to hire an attorney familiar with the statute of limitations for your specific case to ensure your claim is timely filed.

If you or a loved one have been injured in a car accident, contact Sher Law Group for a free case review. If we take your case, we will not only help you navigate through the legal process but also help you find medical providers that can properly manage your injuries and await compensation for their services until your claim is resolved. We are here to protect your rights and ensure you receive the maximum settlement to help make you whole.

Common questions about car accident claims

Is Arizona a no-fault state?

No. Arizona is an at-fault state, so the driver responsible for a collision pays for the harm through their insurance. There is no requirement to use your own policy first and no injury threshold you must meet before bringing a claim.

What if the accident was partly my fault?

You can still recover. Under Arizona's pure comparative negligence rule in A.R.S. § 12-2505, your damages are reduced by your percentage of fault but never eliminated by it; a driver found 60% at fault still recovers 40% of their damages.

What are Arizona's minimum insurance limits?

For policies issued or renewed after June 30, 2020, A.R.S. § 28-4009 requires at least $25,000 per person and $50,000 per accident for bodily injury, plus $15,000 for property damage. Policies predating that change may carry the older 15/30/10 limits.

What if the at-fault driver had no insurance or not enough?

Your own uninsured or underinsured motorist coverage may apply, and UIM generally pays on top of the at-fault driver's limits rather than replacing them. Arizona insurers are required to offer both, so many people carry coverage they have forgotten about. Bring your declarations page to the consultation.

Should I give the other driver's insurer a recorded statement?

You are not required to, and it is worth speaking with an attorney first. Recorded statements are typically taken before the full extent of an injury is known and are later used to argue that symptoms appearing days afterward were unrelated to the crash.

How long do I have to file a car accident claim?

Generally two years from the date of the crash under A.R.S. § 12-542. If a government vehicle or a public roadway defect was involved, a notice of claim is generally due within 180 days under A.R.S. § 12-821.01 and suit within one year.

Car accident lawyers across Arizona

We represent injured drivers and passengers throughout the state. Explore the communities we serve:

Phoenix · Tucson · Scottsdale · Mesa · Tempe · Chandler · Glendale · Gilbert · Peoria · Surprise