Car Accidents

What to do after a crash

Get medical care first, even if you feel fine — some injuries take days to appear, and a gap in treatment is one of the first things an insurance company will use against your claim. If you can, photograph the vehicles, the scene, and your injuries, and get the names and contact information of any witnesses. Report the crash, and be careful about giving a recorded statement to the other driver’s insurer before speaking with an attorney.

Arizona is a fault state

In Arizona, the driver who caused the crash — through their insurance company — is responsible for the harm they caused. Every driver is required to carry minimum liability coverage of $25,000 per person and $50,000 per accident for bodily injury, and $15,000 for property damage. Serious injuries exceed those minimums quickly, which is where the at-fault driver’s policy limits, umbrella coverage, and your own underinsured motorist coverage come into play.

Arizona insurers are required to offer uninsured and underinsured motorist coverage under A.R.S. § 20-259.01. If the driver who hit you carried no insurance or too little, your own UM/UIM coverage may be the most important part of your claim — and using it does not mean suing yourself; it is coverage you already paid for.

Time limits for filing

Arizona’s statute of limitations for personal injury is two years from the date of injury under A.R.S. § 12-542. If a claim involves a public entity or public employee — a city vehicle, a bus, a dangerous intersection — a notice of claim must be filed within 180 days under A.R.S. § 12-821.01, and suit within one year. These deadlines are unforgiving, so it is important to contact an attorney quickly so you do not forfeit your right to recovery.

Pure comparative negligence

Arizona follows pure comparative fault under A.R.S. § 12-2505. Being partly at fault does not bar your claim — your recovery is reduced by your percentage of fault. Even a person found mostly at fault may still recover the remaining share. Insurance adjusters know this, and shifting fault onto the injured person is a standard tactic for lowering what they pay.

What compensation can include

• Past and future medical expenses
• Past and future lost wages
• Pain and suffering
• Property damage
• Loss of consortium to your spouse

When handling your case, The Talcott Law Firm will complete a thorough investigation of the crash, collect the evidence, and advocate for you against powerful insurance companies. Most claims resolve by negotiation; if a fair settlement is not offered, we are experienced litigators who will take your case through discovery, mediation, arbitration and/or trial. Car accidents are one part of our personal injury practice, which also covers motorcycle and truck accidents, slip and fall injuries, dog bites, and wrongful death.