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Car Accidents
Car Accident Lawyer in Phoenix, Arizona
A car accident claim is a negotiation with an insurance company whose job is to pay you as little as possible. Arizona Litigation Group builds your claim like we’re going to trial, because that is what gets fair settlements.
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What Should You Do After a Car Accident in Arizona?
Quick answer: Get medical attention, even if you feel fine, some injuries do not show symptoms right away. Call the police to get a report, exchange information with the other driver, and photograph the scene and any visible injuries. Report the accident to your insurer, but do not give a recorded statement to the other driver’s insurance company before speaking with an attorney.
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Arizona Is a Pure Comparative Negligence State
Under A.R.S. § 12-2505, Arizona uses pure comparative negligence. Even if you were partly at fault for the accident, you can still recover damages, reduced by your percentage of fault. Being told you were “partly to blame” is not a reason to walk away from a claim, it is a starting point for negotiation, not the end of one.
Awards & Recognition
Founding Partners Michael Tamou and Simon Touma’s personal injury litigation work has been independently recognized, earned, never purchased.
How Long You Have to File
Under A.R.S. § 12-542, you generally have two years from the date of the accident to file a personal injury lawsuit in Arizona. If the at-fault party is a government entity, such as a city vehicle or a defect in a public road, a Notice of Claim must be filed within 180 days under A.R.S. § 12-821.01, missing that window can bar the claim entirely even though the two-year deadline has not passed.
Common Mistakes That Hurt a Claim
Giving a recorded statement to the other driver’s insurance adjuster before you understand your injuries, accepting a fast settlement offer before treatment is complete, posting about the accident on social media, and waiting too long to see a doctor are among the most common ways a strong claim gets weakened before an attorney ever gets involved.
Dealing With the Insurance Company
Insurance adjusters are trained to minimize payouts, not to make sure you are fairly compensated. Common tactics include disputing how serious your injuries are, arguing a pre-existing condition explains your pain, or pointing to gaps in your medical treatment. Having an attorney handle communication with the insurer from early on changes how seriously a claim is taken.
What Happens If the Other Driver Is Uninsured
Arizona does not require drivers to carry uninsured/underinsured motorist (UM/UIM) coverage, but most policies include it unless it was rejected in writing. If the at-fault driver has no insurance or not enough to cover your damages, a claim against your own UM/UIM coverage may be the path to fair compensation.
Hurt in a car accident in Arizona? Talk to our litigation team before you respond.
Call 602-932-6010What You Can Recover
Remedies & Damages
Arizona law allows recovery for both the financial and human cost of a car accident.
Economic Damages
Medical billsPast & future
Lost wagesPast & future
Property damageVehicle repair/value
Non-Economic Damages
Pain and sufferingCase-specific
Loss of enjoyment of lifeCase-specific
Emotional distressCase-specific
In Egregious Cases
Punitive damagesDUI, reckless conduct
Wrongful death damagesIf a fatality occurs
Comparative Fault Reduces, Not Eliminates, Recovery
Being partially at fault does not bar your claim in Arizona. Your recovery is reduced by your percentage of fault, not eliminated by it.
How These Disputes Get Resolved
Litigation Strategy
How Insurers Try to Reduce Your Claim
Disputing injury severity: arguing your injuries are minor or unrelated to the crash.
Pre-existing condition arguments: claiming your pain comes from a prior injury, not this accident.
Comparative fault claims: shifting blame onto you to reduce the payout.
Treatment gap arguments: using delays in medical care as evidence you were not really hurt.
Common Questions
Car Accident Lawyer in Phoenix, Arizona FAQs
How long do I have to file a car accident claim in Arizona?
Generally two years from the date of the accident under A.R.S. § 12-542. If a government vehicle or entity is involved, a Notice of Claim is due within 180 days under A.R.S. § 12-821.01.
Will I still recover damages if I was partly at fault?
Likely yes. Arizona’s pure comparative negligence rule (A.R.S. § 12-2505) lets you recover damages reduced by your percentage of fault, even if you were mostly responsible.
Should I accept the insurance company’s first settlement offer?
Be cautious. Early offers are often made before the full extent of your injuries and future medical needs are known, and accepting one usually closes the claim for good.
What if the other driver didn’t have insurance?
A claim against your own uninsured/underinsured motorist coverage, if you have it, may cover your damages.
Do I need a lawyer for a minor car accident?
Not every fender-bender needs an attorney, but if there are real injuries, disputed fault, or an insurer that is lowballing you, legal representation typically changes the outcome.
Key Takeaways
- Arizona’s pure comparative negligence rule means partial fault reduces, but does not eliminate, your recovery.
- You generally have two years to file, but claims against government entities require a 180-day Notice of Claim.
- Insurance adjusters are trained to minimize payouts, not to look out for your interests.
- Uninsured/underinsured motorist coverage can matter as much as the at-fault driver’s own policy.
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Arizona Litigation Group · Phoenix Office
The information on this page is for general informational purposes only and is not legal advice. No attorney-client relationship is formed by reading this page or submitting a contact form. Past results do not guarantee a similar outcome.
