Your Rights After a Car Accident in Arizona

Getting into a car accident can turn your world upside down in an instant. One moment you’re driving to work or picking up groceries, and the next, you’re dealing with damaged vehicles, potential injuries, insurance companies, and a maze of legal questions. 

If you’ve been in a car accident in Arizona, you’re probably wondering: What are my rights? What should I do next? How do I protect myself financially?

Don’t worry – you’re not alone in feeling overwhelmed. At Phoenix Accident and Injury Law Firm, we’ve helped hundreds of Arizona accident victims navigate these challenging waters over the past 20+ years. 

Today, we’re going to walk you through everything you need to know about your rights after a car accident in Arizona, in plain English, so you can make informed decisions about your situation.

Understanding Arizona’s Car Accident Laws: You’re in a “Fault” State

First things first: Arizona is what’s called a “fault” or “at-fault” state. This is actually good news for you as an accident victim. Unlike “no-fault” states where you’re typically stuck dealing with your own insurance company regardless of who caused the crash, Arizona follows a fault-based system, which means that if someone else caused your accident, their insurance company should pay for your damages.

This means you have the right to pursue compensation directly from the at-fault driver’s insurance company for:

• Medical expenses
• Lost wages
• Property damage
• Pain and suffering
• Future medical costs
• Loss of earning capacity

Think of it this way: if someone else breaks your property, they should pay to fix it. The same principle applies to car accidents in Arizona.

Your Immediate Rights and Responsibilities at the Scene

Let’s start with what you need to know right after an accident happens. Arizona law gives you specific rights and also places certain responsibilities on you.

What You Must Do (It’s the Law)

Arizona law requires drivers to report all vehicle accidents to law enforcement if the accident results in “injury to or death of a person or damage to a vehicle that is driven or attended by a person”. Practically speaking, this means you should call 911 after any significant accident.

You’re also legally required to:

• Stop at the scene (leaving is a hit-and-run, which carries serious penalties)
• Exchange information with the other driver, including names, contact info, insurance details, and driver’s license information
• Provide assistance if anyone is injured
• Move your vehicle to safety if possible and if no serious injuries occurred

What About Moving Your Car?

Here’s something many people don’t know: Arizona law actually encourages you to move your vehicle out of traffic if it’s safe to do so and no serious injuries are apparent. You won’t be considered “at fault” just because you moved your car to safety. This helps prevent additional accidents and keeps traffic flowing.

Your Right to Remain Silent (Sort Of)

While you must provide basic information like your name, insurance, and contact details, you don’t have to discuss how the accident happened or admit fault. In fact, it’s often better not to. Stick to the facts: “I was driving north on Central Avenue when the collision occurred.” Avoid saying things like “I’m sorry” or “I didn’t see you”—these can be misinterpreted as admissions of guilt later.

Understanding Arizona’s “Pure Comparative Negligence” Rule

You Can Still Win Even If You’re Partially at Fault

Here’s where Arizona’s laws really work in your favor. Arizona follows a “pure comparative negligence” system, which means you can still recover compensation even if you’re partially at fault for the accident – even if you’re up to 99% at fault.

Let’s say you were texting at a red light and didn’t notice it turn green quickly enough, but the other driver ran the red light completely and hit you. A jury might find you 20% at fault for the delayed reaction and the other driver 80% at fault for running the red light. Under pure comparative negligence, if your total damages were $10,000, you’d still recover $8,000 (reduced by your 20% of fault).

This is much more generous than many other states, where being even slightly at fault can eliminate your recovery entirely.

The Types of Compensation You Can Recover

It’s More Than You Might Think

When we talk about your “rights” after a car accident, we’re really talking about your right to be compensated for your losses. Arizona law recognizes several categories of damages:

Economic Damages: The Bills and Lost Income

These are the out-of-pocket costs that are relatively easy to calculate:

Medical Expenses: This includes past and future surgeries, hospital stays, medical treatments, prescription medications, medical devices, and physical therapy related to your injury. If you’ll need ongoing care, that’s included too.

Lost Wages: Not just the time you’ve already missed from work, but also future lost income if your injuries affect your ability to work. If you earn a salary, it’s the total of the salary you were not paid while out of work. If you’re paid hourly, your lost wages are based on the average number of hours you worked during a pay period before the accident.

Property Damage: Repair or replacement of your vehicle and any other damaged property.

Out-of-Pocket Expenses: This may include costs related to obtaining a rental car while yours is being repaired, childcare for dependents while you are receiving medical care, help around the house while you are recuperating, and the replacement of property damaged or destroyed in the accident.

Non-Economic Damages: Pain, Suffering, and Life Impact

These are harder to calculate but equally real:

Physical Pain and Suffering: The ongoing discomfort, chronic pain, and physical limitations caused by your injuries.

Mental and Emotional Distress: This includes any fear, trauma, or loss of self-esteem. If you experience an accident and develop depression due to your suffering, you deserve compensation.

Loss of Life Enjoyment: If your injuries prevent you from enjoying activities you used to love – playing sports, hiking, playing with your kids – you can be compensated for that loss.

Loss of Consortium: This compensates spouses for the loss of companionship, affection, and intimacy resulting from their partner’s injuries.

How Much Are These Damages Worth?

This is the million-dollar question (sometimes literally). Arizona doesn’t follow a standard formula for calculating non-economic damages for all personal injury claims. However, attorneys and insurance companies typically use one of two methods:

1. The Multiplier Method: A number between 1.5 and 5 is multiplied by the number of economic damages to get the value of non-economic damages. More severe injuries get higher multipliers.

2. The Per Diem Method: This multiplies a daily rate by the number of days the victim is likely to continue to suffer. The rate for the per diem approach is often set at the same rate as the injured individual’s daily wage.

The good news? Arizona’s state constitution prohibits capping accident recovery. As long as you file your claim within the statute of limitations, your case has no other limits.

Your Rights Regarding Insurance: What Companies Don’t Want You to Know

Let’s talk about insurance—both yours and the other driver’s.

Minimum Insurance Requirements in Arizona

As of July 1, 2020, Arizona requires drivers to carry minimum liability coverage of: $25,000 for injury or loss of life per individual in an accident, $50,000 for injuries or loss of life of two or more individuals in an accident, and $15,000 for property damage.

Here’s the problem: these minimums are often nowhere near enough to cover serious accident damages. If you’ve been seriously injured, the at-fault driver’s insurance might not have enough coverage to fully compensate you.

Your Right to Decline Quick Settlement Offers

Insurance companies are businesses, and their goal is to pay out as little as possible. They might contact you quickly after an accident with what seems like a generous offer. You have the absolute right to:

• Take time to consider any offer
• Consult with an attorney before accepting anything
• Decline their first offer (or second, or third)
• Refuse to give recorded statements

Remember: once you accept a settlement, you typically can’t go back for more money later, even if your injuries turn out to be worse than initially thought.

Your Right to Choose Your Own Doctors

Sometimes insurance companies will suggest specific doctors or medical facilities. You have the right to see the doctors of your choice for treatment. Don’t let anyone pressure you into seeing a particular doctor just because it might be “easier” for the insurance company.

Time Limits: The Two-Year Rule You Can’t Ignore

Here’s something crucial: Arizona law gives you exactly two years from the date of the accident to file a lawsuit if you can’t reach a settlement with the insurance company. This is called the “statute of limitations.”

If you try to file your lawsuit after the two-year time window has closed, the court will almost certainly refuse to consider it. This deadline is strict—there are very few exceptions.

Does this mean you have two years to just think about it? Absolutely not. Evidence disappears, witnesses forget details, and medical records get harder to obtain. The sooner you start protecting your rights, the stronger your case will be.

Special Situations: When Standard Rules Don’t Apply

Hit-and-Run Accidents

If the other driver fled the scene, you’re not out of luck. You may be able to recover compensation through:

• Your own uninsured motorist coverage
• Your collision coverage for vehicle damage
• Crime victim compensation programs

Accidents with Uninsured Drivers

If an uninsured driver or hit-and-run driver hits you, you might recover compensation from your uninsured motorist insurance policy. This is why it’s so important to carry this coverage.

Accidents Involving Commercial Vehicles

If you were hit by a truck, delivery vehicle, or someone driving for work, the driver’s employer might also be liable for your damages. Employers can be held vicariously liable for damages caused by their employees.

Defective Vehicle or Road Conditions

Sometimes accidents aren’t just driver error. If a defective vehicle part or dangerous road condition contributed to your accident, you might have additional claims against manufacturers or government entities.

What Insurance Companies Will Try to Do (And Your Rights to Fight Back)

Let’s be honest about what you’re up against. Insurance companies employ teams of adjusters, investigators, and lawyers whose job is to minimize payouts. Here are some common tactics and your rights to combat them:

Surveillance and Social Media Monitoring

Insurance companies might hire private investigators to watch you or monitor your social media accounts looking for evidence that you’re not as injured as you claim. You have the right to:

• Set your social media accounts to private
• Be aware that you might be watched in public
• Continue living your life reasonably while being mindful of how activities might be perceived

Requesting Medical Records and Statements

You have the right to:

• Review any medical record release before signing it
• Limit releases to records related to your accident injuries only
• Refuse overly broad requests for your entire medical history
• Have an attorney review any requests before you respond

Delay Tactics

Insurance companies know that injured people often face financial pressure and might accept lower settlements to get quick money. You have the right to:

• Take the time you need to fully understand your injuries
• Wait until you’ve reached maximum medical improvement before settling
• Pursue legal action if the insurance company is acting in bad faith

Your Right to Legal Representation: When to Call a Lawyer

You have the absolute right to consult with and hire an attorney at any point after your accident. Here are some situations where getting legal help is especially important:

When Your Injuries Are Serious

If you’ve suffered significant injuries that will require ongoing treatment, affect your ability to work, or impact your quality of life, the stakes are too high to handle alone.

When Fault Is Disputed

If the other driver or their insurance company is claiming you were at fault, you need someone who knows how to investigate accidents and build a strong case.

When the Insurance Company Is Playing Hardball

If the insurance company is delaying, denying your claim, or making unreasonably low offers, an experienced attorney can level the playing field.

When Multiple Parties Are Involved

Multi-vehicle accidents or cases involving commercial vehicles can be complex. You need someone who understands how to pursue all available sources of compensation.

The Phoenix Accident and Injury Law Firm Difference

At Phoenix Accident and Injury Law Firm, we’ve been fighting for Arizona accident victims for over 15 years. We know the local courts, the insurance companies, and the tactics they use. More importantly, we know your rights and how to protect them.

We work on a contingency basis, which means you pay nothing unless we win your case. We’ve recovered over $31 million for our clients because we understand that behind every case is a real person whose life has been turned upside down.

When you work with us, you’re not just another case number. You work directly with our experienced attorneys, not paralegals or case managers. We take the time to understand how your accident has affected your life, and we fight to get you every dollar you deserve.

Practical Steps to Protect Your Rights Starting Today

If you’ve been in an accident, here’s what you should do to protect your rights:

Immediate Steps (If You Haven’t Already)

1. Get medical attention even if you feel fine. Some injuries don’t show symptoms immediately.
2. Report the accident to your insurance company, but stick to the basic facts.
3. Collect and preserve evidence including photos, witness contact information, and the police report.
4. Keep detailed records of all medical treatment, missed work, and expenses related to the accident.

Ongoing Protection

1. Don’t sign anything from the other driver’s insurance company without consulting an attorney.
2. Be cautious about recorded statements—you have the right to decline or have an attorney present.
3. Follow your doctor’s treatment plan consistently.
4. Keep a pain diary documenting how your injuries affect your daily life.
5. Save all receipts related to your accident and injuries.

Common Mistakes That Can Hurt Your Case

Avoid these pitfalls that could damage your claim:

• Delaying medical treatment: This gives insurance companies ammunition to argue your injuries aren’t serious.
• Missing medical appointments: Inconsistent treatment suggests you’re not really hurt.
• Talking about your case on social media: Anything you post can be used against you.
• Accepting the first settlement offer: Initial offers are almost always too low.
• Trying to handle everything yourself: The insurance company has lawyers—shouldn’t you?

Your Rights Don’t End at Settlement

Even after your case is resolved, you have ongoing rights:

• The right to privacy: Settlement agreements often include confidentiality clauses, but you have the right to understand what you’re agreeing to.
• The right to understand tax implications: Some portions of settlements may be taxable.
• The right to structured settlements: In some cases, receiving payments over time rather than a lump sum might be beneficial.

When Children Are Involved

If a child was injured in the accident, Arizona law provides special protections:

• Court approval is typically required for settlements involving minors
• Funds may need to be placed in special accounts until the child reaches adulthood
• Parents have the right to seek compensation for their own losses related to their child’s injuries

The Bottom Line: You Have More Rights Than You Think

Arizona’s laws are designed to protect accident victims and ensure that those who cause accidents are held responsible. You have the right to fair compensation, quality medical care, and competent legal representation.

But rights without action are just words on paper. The insurance companies know their rights and will exercise them aggressively. You need to know your rights and be equally aggressive in protecting them.

If you’ve been in a car accident in Arizona, don’t let insurance companies take advantage of you during a vulnerable time. You have rights, and you deserve to have them protected.

Take Action Today

Your rights after a car accident in Arizona are extensive, but they won’t protect themselves. If you’ve been injured in an accident, time is working against you. Evidence gets lost, witnesses move away, and your memory of events begins to fade.

At Phoenix Accident and Injury Law Firm, we offer free consultations to help you understand your rights and options. We’ll review your case, explain Arizona law in plain English, and help you make informed decisions about your future.

Don’t let insurance companies convince you that you have no options or that their low-ball offer is fair. You have rights, and we’re here to help you exercise them.

Remember: You don’t pay us unless we win your case. You have nothing to lose and everything to gain by learning about your rights.

Call us today at 480-725-4799 or visit our website at phxinjurylaw.com to schedule your free consultation. Let’s work together to protect your rights and secure the compensation you deserve.

Your rights are real. Your injuries are real. Your future matters. Let us help you fight for both.