Who pays after a crash in Arizona
Arizona isn't one of the no fault states, so it uses the traditional fault system. That generally means the driver who caused the crash, and their insurance company, are responsible for the injuries and damage. You can make a claim against that driver's insurance or file a lawsuit.
Arizona drivers must carry at least $25,000 per person and $50,000 per accident for bodily injury, and $15,000 for property damage. These limits apply to policies issued or renewed on or after July 1, 2020 (A.R.S. § 28-4009). Lower limits applied to policies issued or renewed before then.
Your duties at the scene
- If anyone is hurt or killed, the driver must notify the local police, the county sheriff or the nearest highway patrol office right away, by the quickest means possible (A.R.S. § 28-666).
- Drivers in a crash that injures someone or damages a vehicle must give their name, address and vehicle registration number (A.R.S. § 28-663).
- If asked, drivers must show their driver license to the other people involved (A.R.S. § 28-663).
- Drivers must give reasonable help to anyone hurt, including arranging a ride to a doctor or hospital if it's needed or asked for (A.R.S. § 28-663).
The 3-Point Claim Check
- 1
An injury
You were hurt, even if it didn't seem serious at first.
- 2
Someone else at fault
Another driver or company caused the crash.
- 3
Insurance coverage
There's a policy that may cover what happened.
How long you have to file
In Arizona, a lawsuit for an injury generally has to be filed within two years after the cause of action accrues (A.R.S. § 12-542). For most car crashes, that clock usually starts on the day of the crash.
There are exceptions, and they can be complicated. Two years can go by faster than you'd think while you're healing, so it helps to check your timeline early.
If you were partly at fault
Arizona uses pure comparative fault. If you share some of the blame, you can generally still recover. Your recovery is reduced by your percentage of fault (A.R.S. § 12-2505).
Whether you were at fault, and by how much, is a question of fact. A jury decides it if the case goes to trial. This rule doesn't help someone who caused the harm on purpose or acted willfully or wantonly (A.R.S. § 12-2505).
Claims against a city, county or the state
If a city bus, police car, county truck or state vehicle was involved, or a road problem caused the crash, special rules apply. You generally must file a written notice of claim within 180 days after the cause of action accrues. If you miss it, the claim is usually barred (A.R.S. § 12-821.01).
The notice goes to the person authorized to accept service for that public entity. It must include facts about the claim and a specific amount you'd settle for, with facts to support that amount (A.R.S. § 12-821.01). A lawsuit against a public entity generally must be filed within one year (A.R.S. § 12-821).
Uninsured and underinsured motorist coverage
Arizona insurers must offer uninsured and underinsured motorist coverage in writing, on a form approved by the state, when you apply for a policy (A.R.S. § 20-259.01). You're allowed to turn it down, so not every driver has it.
If the driver who hit you had no insurance, or not enough, this coverage on your own policy may help. Check your declarations page to see what you chose.