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Arizona Car Accident Lawyer

Serving drivers across Arizona, including Phoenix, Tucson, Mesa, Chandler, Scottsdale.

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Arizona’s sprawling metros — Phoenix, Tucson, Mesa — combine wide, fast arterials with aggressive summer heat and seasonal traffic spikes. The state ranks near the top for pedestrian fatalities and for hit-and-run incidents. Arizona uses a plaintiff-friendly pure comparative fault rule: you can be mostly at fault and still recover a reduced share of damages.

Arizona Car Accident Laws at a Glance

Statute of limitations (personal injury): 2 years from the date of the crash (A.R.S. § 12-542)
Statute of limitations (wrongful death): 2 years from the date of death
Fault rule: Pure comparative fault (A.R.S. § 12-2505). You can recover damages even if you are 99% at fault, reduced by your percentage of responsibility. No percentage bar.
Insurance system: At-fault (tort) system.
Minimum liability coverage: 25/50/15 — $25,000 per person bodily injury, $50,000 per accident, $15,000 property damage
UM/UIM coverage: Insurers must offer UM/UIM; drivers can reject in writing.
Claims against government entities: Notice of claim against a public entity or employee must be filed within 180 days (A.R.S. § 12-821.01). Lawsuit must then be filed within 1 year of accrual.

Source: Arizona Department of Insurance and Financial Institutions, Arizona Revised Statutes Titles 12, 20, 28. Rules change. Verify current deadlines and requirements with a licensed Arizona attorney before relying on any specific figure.

How Arizona fault rules affect your recovery

Arizona’s pure comparative fault system (A.R.S. § 12-2505) is one of the most plaintiff-friendly in the country: there is no percentage threshold that bars recovery. If you are 90% at fault, you still recover 10% of your damages. This is different from the modified comparative systems in most neighboring states. Insurers still contest fault percentages aggressively — every point shifted to you reduces what they pay — but your claim cannot be eliminated based purely on your share of fault.

Arizona insurance system and your claim path

Arizona is a traditional at-fault state. Your claim paths are (1) a third-party claim against the at-fault driver’s liability policy, (2) your own UM coverage if the at-fault driver is uninsured or fled the scene, or (3) your own UIM coverage if the at-fault driver’s limits are inadequate. Minimum 25/50/15 coverage is often inadequate for serious injuries, so UM/UIM is important. Arizona insurers must offer both; written rejection is required to waive.

Damages available in a Arizona car accident claim

Arizona plaintiffs can recover economic damages (medical bills, lost wages, reduced earning capacity, future medical care, property damage), non-economic damages (pain and suffering, loss of enjoyment, loss of consortium, mental anguish), and in cases of evil mind or reckless disregard for safety, punitive damages. Arizona’s state constitution (Article 2, § 31) prohibits statutory caps on damages in personal injury or wrongful death cases, so no general damages caps apply.

Damage caps: None. Article 2, § 31 of the Arizona Constitution prohibits statutory caps on damages in personal injury and wrongful death cases.

What to do after a Arizona crash

Get medical care immediately. Delayed treatment is one of the most common reasons insurers discount claims. Same-day or next-day records tie injuries directly to the crash.
Report the crash and file any required state accident report. Most states require a written report within 10 days for qualifying crashes.
Document the scene. Photos, video, skid marks, debris positions, traffic signals, and weather all matter. Get the names and contact information of witnesses before people disperse.
Do not give recorded statements. Early insurer statements are used to undercut claim value later. Be factual with police; defer substantive statements until legal review.
Preserve evidence. Keep damaged clothing, equipment, and vehicle photographs. Do not authorize repairs or disposal until documented.
Track expenses and losses. Every medical bill, every missed work shift, every receipt for transportation to medical appointments.

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Arizona Car Accident FAQ

How long do I have to file a car accident lawsuit in Arizona?

Generally 2 years from the date of the crash under A.R.S. § 12-542. Claims against public entities require a notice of claim within 180 days under A.R.S. § 12-821.01, with the lawsuit filed within 1 year.

What is pure comparative fault in Arizona?

Under A.R.S. § 12-2505, you can recover damages regardless of your percentage of fault — even if you are 99% at fault — with your damages reduced by your share. There is no percentage bar.

Does Arizona have any caps on damages?

No. The Arizona Constitution (Article 2, § 31) prohibits statutory damage caps in personal injury and wrongful death cases. This applies to both compensatory and punitive damages.

What if the at-fault Arizona driver was uninsured?

Your UM coverage applies. Arizona insurers must offer UM/UIM; written rejection is required to waive. In hit-and-run cases, UM is typically the available coverage.

Is Arizona a no-fault state?

No. Arizona uses a traditional at-fault (tort) system. The driver who caused the crash is responsible for damages through their liability insurance.

What happens if I was hit by a government vehicle in Arizona?

Claims against the state or political subdivisions require a written notice of claim within 180 days of accrual, with the lawsuit filed within 1 year. Missing either deadline generally bars the claim.

Do I have to report a crash to Arizona DMV?

Crashes resulting in injury, death, or property damage over $2,000 typically require a report to the Arizona Department of Transportation if police did not investigate.