Getting into a car accident is frightening, stressful, and confusing. You might be hurt, dealing with insurance companies, missing work, or unsure what comes next. This FAQ page gives you straight answers to the questions most people ask after a collision, especially for those filing claims in Arizona.
What Should I Do Right After a Crash?
Being prepared in the moments after an accident can protect your health, your legal rights, and your ability to recover compensation. First, check for injuries and call 911 if anyone is hurt. Police will document the accident which creates an official record, and emergency responders can address immediate medical needs.
Next, move vehicles if it’s safe and take photos of the scene, including vehicle damage, road conditions, and injuries. Exchange information with the other driver and collect witness contact details if possible. Finally, seek medical care even if you feel okay.
Many injuries show up hours or days later and your medical records will be important evidence if you file an injury claim. Consultation with a car accident attorney soon after the crash helps protect your rights before evidence disappears or deadlines pass.
Do I Need to Call the Police?
Yes. Arizona law requires that you report an accident if it results in injury, death, or property damage above a statutory threshold. A police report can be crucial evidence for insurance claims and legal cases. Even if damage appears minor, filing a report protects you later, especially if injuries develop after the crash.
Should I Go to the Hospital Even If I Feel Fine?
Absolutely. Symptoms like neck pain, headaches, or back discomfort sometimes appear only after the initial adrenaline wears off. Medical documentation is essential not just for your health, but also to prove your injuries were caused by the accident. Insurance companies may deny or undervalue claims if you delay treatment.
What Kind of Compensation Can I Get After a Car Accident?
If someone else’s negligence caused your accident, you may pursue compensation for:
- Medical expenses including future treatment
- Lost wages and reduced earning capacity
- Pain and suffering or emotional distress
- Vehicle damage or replacement costs
- Rehabilitation and therapy costs
A skilled attorney will assess your total losses and fight to include all damages you are legally entitled to.
How Does Fault Work in an Arizona Car Accident?
Arizona is an at‑fault state, which means the driver who caused the crash is legally responsible for the damages suffered by others. Your compensation typically comes from the at‑fault driver’s liability insurance.
Arizona also follows a pure comparative negligence rule. This allows you to recover compensation even if you were partly at fault, but your award will be reduced by your percentage of responsibility. For example, if you are found 20 percent responsible, your recovery amount is reduced by 20 percent.
What Are Arizona’s Insurance Requirements?
Drivers in Arizona are required to carry minimum liability insurance that includes:
- $25,000 bodily injury liability per person
- $50,000 bodily injury liability per accident
- $15,000 property damage liability
These minimums may not fully cover serious injuries or vehicle damage, so many drivers choose higher limits.
What Happens If the Other Driver Has No Insurance?
If the at‑fault driver has no insurance, you may be able to recover damages through your own uninsured motorist (UM) or underinsured motorist (UIM) coverage. This step in occurs when the other driver lacks sufficient insurance to cover your losses. An experienced attorney can help you explore these options and file claims accordingly.
How Long Do I Have to File a Car Accident Claim in Arizona?
The statute of limitations in Arizona for car accident injury claims is generally two years from the date of the collision. This means you must file your lawsuit within two years or risk losing the right to pursue your claim. However, there are some exceptions to this rule, including:
- If you didn’t immediately know about your injury (for example, in the case of medical malpractice), the time limit may start when you discover the harm.
- If your injury was caused by a government entity, the time limit could be shorter.
It’s crucial to consult with an attorney as soon as possible to avoid missing important deadlines.
What Should I Bring to My First Consultation?
To make the most of your first meeting with a personal injury lawyer, you should bring any relevant documents and information, including:
- Police reports
- Medical records and bills
- Photos from the scene
- Insurance information
- Correspondence from insurers
- Lost wage documentation
These documents help your attorney evaluate your case and start building a strategy for compensation.
Will I Have to Go to Court?
Not necessarily. Many car accident injury cases settle through negotiations with the insurance company. A settlement means you and the insurer agree on compensation without a trial. However, if the insurance company refuses a fair settlement, your attorney can file a lawsuit, prepare your case, and represent you in court.
How Does Liability Get Determined?
Determining fault often involves police reports, eyewitness accounts, vehicle damage, and crash scene evidence. Citations issued at the scene can create a presumption of fault for insurance purposes, but liability is ultimately determined by examining the full picture of what happened.
Can I Recover If I Was Partly At Fault?
Yes. Under Arizona’s pure comparative negligence rule, you can still file a claim even if you were partly responsible for the accident. Your total award is reduced by your percentage of fault. For example, if you are assigned 30 percent fault, your compensation is reduced by that amount.
What Should I Do With Insurance Adjusters?
Insurance adjusters work for the insurance company, not for you. Their goal is often to minimize the payout. You should report the accident to your insurer, but avoid giving recorded statements or accepting a settlement offer without talking to a lawyer. An attorney negotiates on your behalf to secure fair compensation and protects you from unknowingly damaging your case.
Is There a Difference Between a Car Accident Claim and a Lawsuit?
Yes. A claim refers to your demand for compensation submitted to an insurance company. Many claims are resolved through settlement. A lawsuit is a formal legal action filed in court when negotiations do not produce a fair settlement. Going to trial can increase your chances of fair compensation when insurers won’t cooperate.
Will the Accident Appear on My Driving Record?
Accidents that involve police reports, insurance claims, or traffic citations typically appear on your driving record. How long they stay visible varies, but in many states it’s usually between three and five years. Keeping a clean driving record is important for insurance rates and future coverage options.
What Happens If I Discover Injuries After I Settle?
Once you sign a settlement agreement, you usually waive the right to seek additional compensation for the same accident. This is why it’s crucial to make sure all injuries are thoroughly diagnosed and treated before accepting a settlement. Speak with your attorney before agreeing to any settlement.
Can I Still Use My Health Insurance or Medical Payments Coverage?
Yes. Medical payments coverage (MedPay) or your health insurance can often help pay medical bills after a car accident. MedPay works regardless of who was at fault, but you should talk to your attorney about how using these benefits affects your overall claim and how costs may be reimbursed through your settlement.
Is It Too Late to File a Claim if the Crash Was Months Ago?
It depends. You still may be able to pursue a claim as long as it is filed within the statutory time limit. However, the sooner you act, the better. Evidence fades and witnesses become harder to find with time. If your injuries were diagnosed later, talk to a lawyer about how the clock applies in your situation.
How Much Is My Car Accident Case Worth?
The value of your car accident case depends on many factors, including:
- Medical expenses
- Lost wages and future income
- Pain and suffering
- Property damage
- The severity and long-term effects of your injury
Your attorney will evaluate these factors to determine a fair value for your case.
How Can I Get Started?
If you’ve been injured and are considering filing a car accident claim, contact us today for a free consultation. We’ll listen to your situation, provide you with guidance, and help you understand your legal options.
Personal injury cases can be complicated, but with the right legal support, you can get the compensation you deserve. If you have any other questions or need assistance, don’t hesitate to reach out to our office.
