See what to do after an Arizona car accident to protect your legal rights and build a strong insurance claim.
On average, 141 people are injured and more than three are killed each day on Arizona roadways.¹
If you or a loved one are injured in a traffic accident, you’re entitled to pursue compensation. Here’s what you need to know about Arizona traffic laws and motor vehicle injury claims.
What to Do After an Arizona Car Accident
Here are five steps you can take after a collision to comply with Arizona car accident laws. Failure to obey these laws can result in charges ranging from misdemeanor to felony violations, with corresponding penalties.
1. Stay At the Scene and Exchange Information
Arizona drivers are required to stop and remain at the scene of an accident, on public or private property, if there are injuries. Drivers must share their name, address, vehicle license number, and vehicle insurance information. If requested, drivers must show their license to the other driver and vehicle occupants.
2. Call 911 and Help the Injured
Drivers are legally required to quickly notify police of any car accident involving injuries. You may be required to notify local, county, or state law enforcement, depending on the location of the accident.
Arizona drivers are also required to render reasonable assistance to the injured. This includes transportation to the nearest doctor or medical facility when an injury is clear or help is requested.
Calling 911 to request an ambulance satisfies your legal requirement to report the accident and arrange transportation for the injured. Do what you can to help the injured until medics arrive.
3. Seek Prompt Medical Treatment
Never refuse or delay medical care after an accident. It gives the at-fault driver’s insurance company an excuse to deny your claim or argue that you contributed to your injuries.
You may have serious injuries that are masked by your body’s reaction to the impact of the collision. Let emergency techs evaluate you at the scene. If they want to take you to the hospital, go with them. If you aren’t taken straight to the hospital from the scene, have someone take you to an urgent care center as soon as possible, preferably on the same day as the crash.
Tell the medical provider when and how you were injured, and describe every injury and symptom, not just the “big” ones. You’re entitled to a full medical evaluation.
4. Gather Evidence From the Scene
Arizona is a traditional fault or “tort” state, meaning you have the right to seek compensation from the at-fault driver. Most cases start with a claim against the driver’s insurance company. If you can’t reach a reasonable settlement, your attorney will file a lawsuit on your behalf.
In Arizona, the injured person must prove the other driver’s negligence, meaning the driver did something wrong, or failed to do what any reasonable driver would have done to avoid a collision.
The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
It’s okay to notify the at-fault driver’s insurance carrier right away of your intent to pursue compensation. You don’t have to be ready to discuss settlement. This is just a notification.
You will likely receive a letter with a claim number and the name of the adjuster assigned to your claim. You might even get a call from the adjuster with a quick settlement offer. The adjuster is not your friend. They’d like nothing better than for you to jump at a lowball offer. Tell the adjuster you won’t discuss settlement while still treating your injuries.
Also notify your own insurance company right away, even if the accident wasn’t your fault. Your auto policy is a legally binding contract that requires you to notify your insurer after an accident. In turn, your insurer has a duty to defend you against any lawsuits arising from the accident.
Serious or complex injury claims should only be handled by an experienced personal injury attorney. If you choose to hire an attorney, your attorney takes care of all communications with the at-fault driver’s insurer and your own insurance company while you recover.
Arizona Fault and Liability Rules
Unlike a no-fault state, where you are forced to rely on your own insurance, Arizona is a traditional fault state. You have the right to file an insurance claim or lawsuit against the at-fault driver.
Arizona Shared Fault Rules
Arizona is a pure comparative fault state. This means you have the right to seek compensation from the other driver so long as you are not 100 percent at fault for the accident.
Example of Pure Comparative Fault in Arizona
Emily was traveling at night on Jordan Road approaching Apple Avenue in Sedona. Sharon was also approaching Apple Ave from the opposite direction on Jordan.
Both women attempted a left turn onto Apple at the same time, resulting in a collision. While Emily was technically at fault for failing to yield the right of way, Sharon had failed to turn her headlights on and wasn’t wearing a seatbelt.
Sharon filed a personal injury lawsuit against Emily, seeking $100,000 for her medical costs, lost wages, and pain and suffering.
After reviewing all the evidence and witness testimony, the jury found in favor of Sharon. However, the jury determined Sharon was 60 percent to blame for her own injuries, while Emily was 40 percent to blame.
Sharon was awarded $40,000, representing a 60 percent reduction of the final award to account for her share of fault.
Arizona Car Accident Compensation
The average settlement for a moderate car accident claim in Arizona is $20,847, with average payouts ranging from $5,019 for minor injuries to $212,832 for severe injuries.
Injury settlements in Arizona can vary widely, depending on the circumstances surrounding the crash, the severity of the victim’s injuries, and the available insurance limits.
Use this free calculator to estimate an injury settlement in Arizona.
For example, look at these two rear-end accident cases with low and high payouts:
- In Maricopa County, Zalewski v. Edwards, CV2007-011924, a jury awarded $605 for soft-tissue neck injuries. The plaintiff’s injuries were vigorously disputed.
- Also in Maricopa County, Porak v. Rodriguez, CV2002-024991, a jury awarded $177,000 for cervical and lumbar soft-tissue injuries. The defendant denied causing the plaintiff’s damages.
Factors that impact Arizona car accident compensation include:
- Injury severity
- Shared negligence
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like tractor-trailers, taxicabs, or dump trucks often carry higher levels of liability insurance. Accidents caused by commercial drivers often result in higher payouts.
Serious injuries or wrongful death claims should be handled by an experienced attorney to protect the interests of the victim and their family.
Arizona State Minimum Insurance Requirements
Vehicle owners in Arizona must carry insurance liability limits of at least $25,000 per person/$50,000 per accident for bodily injury, and $15,000 for property damage.
Auto insurance companies must offer uninsured and underinsured motorist (UM/UIM) coverage equal to the policyholder’s liability. The policyholder may reject UM/UIM coverages.
Calculating a Mild to Moderate Injury Settlement
Insurance companies base what they are willing to pay on the severity of the claimant’s injuries and the related economic and non-economic damages. You can make a similar estimate for a mild to moderate injury claim by using the “multiple” method.
First add up your economic damages, such as medical bills, out-of-pocket medical costs, and lost income. Then add one to three times that total amount for your non-economic damages, better known as pain and suffering.
A multiple of one is reasonable for the inconvenience of minor injuries, like the weekend you spent on the couch with a heating pad on your stiff neck.
A multiple of two or three can be justified when your life is negatively impacted for several weeks or months, like when a broken arm prevented you from caring for your toddler.
You’ll need an experienced injury attorney to get a fair payout for serious injury claims. Your attorney will gather expert testimony and other evidence of current and future medical costs, lost income, and the intense pain and distress suffered by severe injury victims.
How Much is Your Injury Claim Worth?
Find out now with a FREE case review from an attorney…
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