If you or a loved one has been injured in a car accident, the claims process in Arizona typically starts when you hire a personal injury lawyer. Your attorney takes the lead in all legal matters, including handling communication with the at-fault driver’s insurer, gathering evidence, and assessing damages you are due.
Below we explore how injury claims are handled in Arizona and what you can expect the process to look like for your case. In addition to answering several commonly asked questions, we provide a claims process timeline, and discuss why having an experienced attorney on your side can make a world of difference.
6 Arizona Car Accident Claim FAQs
Let’s begin by addressing some of the most commonly asked accident injury claims we receive from our clients. If you don’t see your question addressed, we encourage you to reach out to our Flagstaff law firm today to request a free case review.
1. How Do I File an Arizona Car Accident Claim?
To file a car accident claim, your attorney reaches out to the at-fault driver’s insurance company and provides details about the accident. Information typically includes the date, location, involved parties, and a settlement offer based on total damages, injuries, and costs incurred.
An adjuster with the insurance company is assigned to review your case and conduct their own investigation into your claim. The adjuster reviews accident reports, inspects the extent of damage, assesses your injuries via medical records, and interviews witnesses (if applicable).
If liability is established, the insurer either accepts your settlement offer or counters with a lower amount. At this point, the negotiation process begins and it becomes your lawyer’s responsibility to maximize the amount.
2. How Long After My Car Accident Can I File a Claim in Arizona?
As per A.R.S. § 12-542, in Arizona you have two years from the date of the car accident to file your personal injury or damage claim.
3. Is Arizona a No-Fault State for Car Accidents?
No. Arizona is an at-fault state when it comes to car crashes. In other words, the driver that caused the accident is the one liable for the damages–property, medical, and lost wages, to name a few.
In comparison, a no-fault state means that each driver carries his own insurance in order to cover medical expenses and other losses in the event of an accident. This is regardless of who caused the collision.
Drivers in no-fault states typically have Personal Injury Protection (PIP) coverage, which covers medical expenses but allows the victim to hold the at-fault driver liable for additional damages.
4. Do I Need a Lawyer to File a Personal Injury Claim in Arizona?
While you are not legally required to have attorney representation to file an Arizona personal injury claim, having one can definitely help throughout the process. A good car accident lawyer knows how to navigate the legal system, collect evidence, and, perhaps most importantly, negotiate with seasoned insurance company representatives.
5. How Long Does an Arizona Personal Injury Claim Take?
The short answer is that a personal injury claim due to a vehicle crash takes about three to six months. However, each case comes with its own set of unique circumstances and more complex cases can take a year or longer to litigate, especially if it’s argued in court.
6. What Damages Am I Entitled to When in a Vehicle Crash in Arizona?
Here are the most common damages to claim compensation for:
- Medical expenses – Includes first-responders’ care, ambulance rides, emergency room procedures, hospital stays, surgeries, medications, and rehabilitation.
- Property damage – This is intended to replace your vehicle or pay for repair costs.
- Lost wages – If you are unable to work during your recovery, you are entitled to receive payment for your lost income.
- Pain and suffering – You can ask to be compensated for the physical pain and emotional distress experienced due to the incident.
- Loss of earning capacity – If the extent of your injuries prevents you from working at full capacity, you can request future lost income.
- Wrongful death – If the accident victim loses their life, the family can seek compensation for funeral expenses and loss of support.
Claims Process Timeline
Here’s a quick overview of what the process looks like when filing an injury claim in Arizona.
- Immediately after the accident – Call the police, seek medical attention, and, if you are able to, take photos, collect the at-fault driver’s information plus license plate, and get witness contact information.
- Call a lawyer – Within days of your accident, you should reach out to a lawyer to discuss your legal options and get guidance on matters as they relate to your case.
- One to three months – Your attorney builds your case by collecting evidence, speaking to witnesses, reviewing medical records, assessing lost wages, and more in order to estimate how much you are owed in damages.
- Three to six months – A demand letter, outlining damages and requesting compensation, is sent to the at-fault driver’s insurer.
- Six to 12 months – Both parties work through the negotiation process, and if an agreement is made, you can expect to receive a check in about 30 to 60 days.
- One year or longer – If your attorney and the other party’s insurance company cannot come to an agreement, the case may lead to a trial in which a judge or jury determines the outcome.
How Antol & Sherman Can Help
Having an experienced accident law firm represent you is important for maximizing your claim. Most notably, when you retain the services of an attorney, they handle all communication with the other driver’s insurer, do the legwork of gathering all pertinent evidence, evaluate damages, and negotiate settlements.
If needed, one of our personal injury experts will file a lawsuit and take the at-fault party to court. All in effort to get what you deserve and in striving for justice to be served.
Get a Free Accident Injury Case Evaluation Today
You want a tried and tested attorney to represent your injury case. You need someone who knows state laws and regulations, understands the insurance company’s tactics, and won’t rest until you are fairly compensated for the ordeal you underwent.
To get a free consultation and better understand how the process of filing a car accident claim works, click or call today to contact the Flagstaff law offices of Antol & Sherman.