What a car accident injury claim is
An injury claim is a request for the at fault driver's insurance company to pay for the harm the crash caused you. That can include medical care, time missed from work, damage to your car, and the pain the injury has put you through.
Many claims start with the insurance company and are settled there. A lawsuit may be filed if the insurer won't make a fair offer or the deadline is getting close.
How long you have to file
In Arizona, you generally have 2 years from the date of the crash to file a lawsuit for your injuries (A.R.S. § 12-542). Georgia also gives you 2 years in most injury cases (O.C.G.A. § 9-3-33).
Some cases have much earlier deadlines. If a city, county or state vehicle was involved, Arizona generally requires a written notice of claim within 180 days (A.R.S. § 12-821.01), and Georgia generally requires notice to a city within six months (O.C.G.A. § 36-33-5). An attorney can check which dates apply to you.
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.
If you were partly at fault
Arizona uses pure comparative fault. You can still recover even if you were mostly at fault, but your amount is reduced by your share of the blame (A.R.S. § 12-2505).
Georgia is stricter. You can only recover if you were less than 50% at fault, and your amount is reduced by your share (O.C.G.A. § 51-12-33). That's why it helps to be careful about what you say to insurers before you know the full picture.
Different crashes, different rules
- Truck crashes often involve a trucking company, federal safety rules and more than one insurer. See Hurt in a crash with a semi or work truck.
- Uber and Lyft crashes depend on what the app was doing at the time. See Hurt in an Uber or Lyft accident? Here's whose insurance may apply.
- Rear end, T bone, pedestrian, bicycle and motorcycle crashes each turn on different traffic laws and evidence. Each has its own page.
- If the other driver had no insurance or drove off, your own policy may help. See Hit by an uninsured driver or a hit and run driver.
What to do in the first few days
- Get checked by a doctor, even if you feel okay. Some injuries show up later.
- Get the police report number and the other driver's insurance details.
- Take photos of the cars, the scene and your injuries.
- Keep every bill, receipt and note about missed work.
- Think twice before giving a recorded statement to the other driver's insurer.
Getting help from a local attorney
You don't have to figure this out alone. ClaimFinch can connect you with one participating injury attorney near you who can look at your case. Participating attorneys work on contingency. No upfront attorney's fees, and they're only paid if you recover.
It's free to check your claim, and you don't have to go ahead.