Arizona · Injured in a crash

What to Do After a Car Accident in Arizona

You were just in a crash. Your hands are shaking, your neck is tight, and somebody is asking for your insurance card. This is the order to do things in, written for the person sitting in the car right now, not for a lawyer's office.

1. Get safe, then call 911

If the car still moves and you are on a freeway, get it to the shoulder or the next exit. Turn on the hazards. If anyone is injured or the cars cannot be moved, stay where you are and call 911.

Call 911 even for a "small" crash. Arizona requires you to stop, exchange information, and report a crash when anyone is injured or a vehicle is damaged enough that it cannot be driven away, and in practice the police report is the first thing every insurance company asks for. Do not let the other driver talk you out of calling. If police do not come to the scene, you can still file a report with the local police department or the Arizona Department of Public Safety afterward.

2. Say as little as possible about fault

Check on the other people. Be polite. Then stop talking about what happened.

Do not say "I'm sorry." Do not say "I didn't see you." Do not say "I'm fine." You do not know how you are yet, and anything you say at the scene can show up later in the other driver's insurance file. Give the officer the facts you are sure of and leave it there.

3. Get these before you leave the scene

Use your phone. Photos and a two-minute video are better than anything you will write down later.

• The other driver's license, plate, insurance card, and phone number. Photograph all four.
• All the cars, from all sides, close up and from far enough back to show the road.
• Skid marks, debris, traffic signs, the traffic light if there was one, and the weather.
• Names and numbers of anyone who saw it. Witnesses disappear fast.
• The officer's name, their agency, and the crash report number.

If you cannot move around because you are injured, ask a passenger or a bystander to take the photos for you.

4. See a doctor within a few days, no matter how you feel

Arizona is an at-fault state. There is no 14-day rule like Florida has, but do not let that slow you down. Adrenaline hides injuries. Neck, back, and shoulder pain often show up two or three days later, and concussions can take longer.

Go to urgent care, the ER, your own doctor, or a chiropractor within a few days, tell them you were in a car accident, and describe every ache, even the ones that seem minor. Then keep going to your appointments. The gap between the crash and your first visit, and any gaps after that, are the first things an insurance adjuster looks for when deciding how little to pay.

If your own policy includes medical payments coverage, it can pay your early bills no matter who caused the crash. Check your policy or ask your agent.

5. Report it to your own insurance company

Call your own insurer within a day or two and give them the basics: when, where, who was involved, the crash report number. That is what your policy requires, and it starts any coverage you carry, including uninsured or underinsured motorist coverage if the other driver turns out to have little or no insurance. Arizona's minimum liability limits are low, so that happens more than you would think.

Stick to facts. You do not have to give a recorded statement about how you feel or whose fault it was, and it is fine to say you would rather wait until you have seen a doctor.

6. Do not talk to the other driver's insurance company yet

The other driver's insurer may call you within hours. They are friendly. They are also trained to close your claim for as little as possible, and the recorded statement they ask for is the tool they use to do it.

You are not required to give them a statement. You can say, "I am still getting treatment and I am not ready to discuss it," and hang up. Do not accept a quick check. The first offer is almost always made before anyone knows how injured you are.

7. Keep everything

Start a folder on your phone or in a drawer. Crash report, photos, every medical bill and visit summary, receipts for prescriptions and rides, pay stubs if you missed work, and a short note each day about how you feel and what you could not do. Small, boring records are what turn "my back is sore" into a claim that gets paid.

8. Know the clock

In Arizona you generally have two years from the date of the crash to file a lawsuit for an injury. Two years sounds like a long time. Between treatment, records, and negotiating with an insurer, it is not. If a city, county, or state vehicle was involved, the deadline to put the government on notice is much shorter, measured in months, so do not wait.

Arizona also shares fault differently than most states. Even if you were partly to blame, you can still recover; your payout is just reduced by your share. If you were 20 percent at fault, you recover 80 percent. That is one more reason to keep your comments at the scene short and let the evidence decide the percentages.

9. When to talk to a lawyer

Not every fender bender needs a lawyer. If nobody was injured and the only damage is to the cars, your insurance companies will usually sort it out.

Talk to one when any of these is true: you were injured and you are still treating after a week or two; the other driver's insurer is pushing you to settle; there is a dispute about who caused it; the other driver was uninsured or underinsured, or it was a hit and run; a commercial vehicle, rideshare, or motorcycle was involved; a government vehicle was involved; or you missed work.

Personal injury lawyers in Arizona work on contingency, which means no fee unless they recover money for you, and the first conversation is free. Talking to one costs you nothing. Waiting can cost you the case.

Call Clyne is a lawyer referral service, not a law firm. Stephen Clyne is not an attorney. This article is general information, not legal advice, and laws change. Talk to a licensed Arizona attorney about your situation.