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A car accident can flip your whole life in a few seconds. One moment you are driving, and the next you are dealing with pain, a damaged car, and calls from insurance adjusters. Most people in Phoenix have never been through this before, so they do not know what the law allows them to do. Arizona gives injured people strong rights, but those rights come with rules and firm deadlines.
Missing a step can shrink your payout or end your case before it starts. If your situation feels confusing, a conversation with a Phoenix personal injury lawyer from Kermani LLP can help you sort out how these rules apply to your own crash.
How Fault Works Under Arizona Law
Arizona is an at-fault state, which means the driver who caused the crash is responsible for the harm it created. Insurance companies and courts look at police reports, photos, witness statements, and sometimes crash experts to decide who was careless. Fault is rarely a simple yes or no question, and both drivers often share some blame.
The good news is that shared blame does not shut you out. Under A.R.S. § 12-2505, Arizona follows a pure comparative fault rule. Your recovery drops by your share of fault, but it never disappears. If you were 20 percent at fault in a $50,000 case, you could still collect $40,000. A related law, A.R.S. § 12-2506, says each defendant usually pays only for their own share of the blame.
Deadlines That Control Your Claim
Time limits matter more than almost anything else in an injury case. Arizona sets these limits by statute, and courts enforce them strictly. If you file too late, a judge will likely dismiss your case no matter how badly you were hurt.
For most car accident injuries, A.R.S. § 12-542 gives you two years from the date of the crash to file a lawsuit. The clock runs even while you talk with an insurance company. Claims against a city, county, or the state move much faster. Under A.R.S. § 12-821.01, you must send a formal notice of claim within 180 days, and A.R.S. § 12-821 requires the lawsuit itself within one year. Key deadlines include:
- Two years
- 180-day notice
- One-year lawsuit
These rules have narrow exceptions for children and hidden injuries, but you should never count on them. Acting early protects your evidence and keeps every option open.
Your Duties at the Crash Scene
Your rights start with what you do in the first minutes after impact. Arizona law requires drivers in a crash to stop, and A.R.S. § 28-661 makes leaving the scene of an injury accident a crime. A.R.S. § 28-663 also requires drivers to share their name, address, and registration, and to give reasonable help to anyone who is hurt.
Following the law also builds your case. The steps below protect your health and your claim at the same time:
- Call 911
- Get medical care
- Take photos
- Collect witness info
- Report the crash
A police report creates an official record of what happened, and early medical records link your injuries to the crash. Insurance companies question gaps in treatment, so see a doctor even if you feel only sore.
Insurance Coverage That May Pay You
Every Arizona driver must carry liability insurance under A.R.S. § 28-4009. The minimum limits are $25,000 per injured person, $50,000 per accident, and $15,000 for property damage. When another driver causes your crash, their liability policy is usually the first source of payment for your medical bills, lost wages, and car repairs.
Those minimum limits often fall short after a serious injury, and some drivers carry no insurance at all. That is where uninsured and underinsured motorist coverage steps in. Under A.R.S. § 20-259.01, insurers must offer this coverage to you in writing, and it pays you through your own policy when the at-fault driver cannot. Check your policy soon after a crash so you know every source of money available to you.
Damages You Can Claim
Arizona law lets injured people seek payment for both money losses and personal losses. Money losses include hospital bills, physical therapy, prescriptions, lost paychecks, and reduced future earnings. Personal losses cover pain, emotional distress, and the loss of activities you once enjoyed.
Arizona stands out because its constitution bans caps on injury damages. No statute can limit what a jury awards you for your losses. That protection makes careful proof of your damages, through records, bills, and testimony, worth the effort.
Take the Right Steps After a Phoenix Car Accident
The days after a Phoenix crash reward people who act with a plan. Save every bill, follow your doctor’s orders, and be careful about giving recorded statements before you understand your rights. The law already gives you the tools to recover fairly. Knowing the deadlines, the fault rules, and the insurance options turns a confusing process into a set of clear steps you can take one at a time.
