A car accident is disorienting. In the adrenaline-fueled minutes afterward, it's hard to think clearly. This guide gives you a clear, ordered checklist of what to do — at the scene, in the days after, and in the weeks that follow — to protect your health, your rights, and your ability to recover compensation if someone else was at fault.
At the Scene: Your Immediate Checklist
Check for injuries
Your first priority is safety. Check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately. Do not move anyone with potential spinal injuries unless there's an immediate danger (like fire).
Move to safety
If the vehicles are drivable and the accident is minor, Arizona law (A.R.S. § 28-662) requires you to move them out of the traffic lane to prevent further accidents. Turn on hazard lights. If you can't move your vehicle, stay inside with your seatbelt on until help arrives — standing near a disabled vehicle on an Arizona highway is extremely dangerous.
Call the police
In Arizona, you must report an accident to police if anyone is injured or killed, if a vehicle can't be driven from the scene, or if you suspect the other driver is impaired. Even for minor fender-benders, a police report creates an official record that's valuable for insurance claims and potential legal proceedings. In Phoenix, call the non-emergency line (602-262-6151) for accidents with no injuries; call 911 if there are injuries.
Exchange information
Get the following from every other driver involved: full name and contact information, driver's license number, insurance company and policy number, license plate number, and vehicle make, model, and color. Also note the names and badge numbers of responding officers and the police report number.
Document everything
Use your phone to take photos of damage to all vehicles (from multiple angles), the accident scene (road conditions, traffic signs, skid marks, debris), license plates of all vehicles involved, any visible injuries, and the location (cross streets, landmarks). If there are witnesses, get their names and phone numbers. This evidence may be critical later.
Do NOT admit fault
This is crucial. Don't say "I'm sorry" or "it was my fault" — even if you think it was. Fault is a legal determination based on all the evidence, not your immediate impression at the scene. Anything you say can be used against you by the other driver's insurance company. Stick to the facts when talking to police: "I was heading east on Camelback" — not "I should have been paying more attention."
The First 48 Hours
See a Doctor — Even If You Feel Fine
Adrenaline masks pain. Many accident injuries — whiplash, concussions, soft tissue damage, internal bleeding — don't show symptoms for hours or days. Seeing a doctor within 24–48 hours creates a medical record linking your injuries to the accident. If you wait weeks to seek treatment and then file a claim, the insurance company will argue your injuries weren't caused by the accident.
Notify Your Insurance Company
Report the accident to your own insurance company promptly. Arizona requires drivers to carry minimum liability insurance: $25,000 per person and $50,000 per accident for bodily injury, plus $15,000 for property damage. Your policy may also include collision coverage (pays for your vehicle regardless of fault), uninsured/underinsured motorist coverage (crucial in Arizona, where roughly 12% of drivers are uninsured), and medical payments coverage (pays your medical bills regardless of fault).
Arizona's Fault-Based Insurance System
Arizona is a fault-based (also called "tort") state for car accidents. This means the driver who caused the accident is responsible for the other party's damages. You have three options for recovering compensation: file a claim with the at-fault driver's insurance company, file a claim with your own insurance company (which may then pursue the at-fault driver), or file a personal injury lawsuit against the at-fault driver.
Comparative Fault in Arizona
Arizona uses "pure comparative negligence" under A.R.S. § 12-2505. This means you can recover damages even if you were partially at fault — but your recovery is reduced by your percentage of fault. For example, if you're found 20% at fault and your damages are $100,000, you can recover $80,000. Even if you were 90% at fault, you can still recover 10% of your damages. This is more generous than many states, which bar recovery entirely if you're more than 50% at fault.
When Do You Need a Personal Injury Lawyer?
Not every car accident requires an attorney. For minor fender-benders with no injuries and clear fault, you can usually handle the insurance claim yourself. But you should seriously consider hiring an attorney if you or a passenger were injured (especially if injuries required medical treatment beyond a single ER visit), the other driver was uninsured or underinsured, fault is disputed, the insurance company is offering a low settlement or denying your claim, you're missing work due to your injuries, or the accident involved a commercial vehicle, government vehicle, or rideshare (Uber/Lyft).
Personal injury attorneys in Arizona typically work on contingency — they take a percentage (usually 33–40%) of your settlement or verdict, and you pay nothing upfront. If they don't win, you don't pay attorney fees.
Arizona's Statute of Limitations
You have a limited time to file a lawsuit after a car accident in Arizona. For personal injury claims, the deadline is two years from the date of the accident (A.R.S. § 12-542). For property damage claims, it's also two years. For wrongful death claims, two years from the date of death. If a government entity is involved (city bus, state vehicle, etc.), you must file a Notice of Claim within 180 days. Missing these deadlines means losing your right to sue entirely.
What Compensation Can You Recover?
| Type of Damages | Examples |
|---|---|
| Medical expenses | ER visits, surgery, physical therapy, medication, future medical care |
| Lost wages | Time missed from work, reduced earning capacity |
| Property damage | Vehicle repair or replacement, personal belongings |
| Pain and suffering | Physical pain, emotional distress, loss of enjoyment of life |
| Loss of consortium | Impact on your relationship with your spouse |
Arizona does not cap damages in personal injury cases (unlike some states), which means there's no artificial limit on what a jury can award for pain and suffering or other non-economic damages.
Injured in a Car Accident?
Find a personal injury attorney in Arizona. Most offer free consultations and work on contingency — no fee unless you win.
Search Personal Injury AttorneysFrequently Asked Questions
Do I have to file a police report for a car accident in Arizona?
You must report accidents involving injury, death, or a vehicle that can't be driven. For minor accidents with only property damage, filing a report isn't legally required but is strongly recommended. Without a police report, resolving insurance disputes becomes significantly harder.
What if the other driver doesn't have insurance?
About 12% of Arizona drivers are uninsured. If you have uninsured motorist (UM) coverage on your own policy, it will cover your injuries and damages. If you don't have UM coverage, your options are limited to suing the other driver directly — but collecting from an uninsured individual is often difficult. This is why UM coverage, while optional in Arizona, is highly recommended.
How long does a car accident claim take to settle?
Minor claims with clear liability and resolved injuries can settle in 2–4 months. More complex cases — especially those involving ongoing treatment, disputed liability, or serious injuries — typically take 6–18 months. Cases that go to trial can take 2+ years. An attorney can give you a more specific timeline based on your situation.
Should I accept the insurance company's first offer?
Almost never. Initial settlement offers from insurance companies are typically far below the actual value of your claim. They're betting that you'll accept a quick, low payment before you understand the full extent of your injuries and damages. At minimum, wait until you've completed treatment and fully understand your injuries before considering any settlement.