Being involved in a car accident can be an overwhelming and stressful experience. However, it’s important to understand what to do after a car accident in Arizona. This can help protect your rights and ensure a smoother recovery process.
Call the Police and File a Report
If it’s safe for you to do so, call the police. Responding officers will secure the scene and ensure the safety of all individuals involved. They will conduct an initial investigation of the accident by gathering evidence and documenting what happened. Their findings will be included in an accident report, which is important if you want to pursue legal action in the future.
Get Medical Attention
Even if you’re feeling fine and don’t notice any significant injuries, you should seek medical attention. Some injuries may not manifest immediately, while others may worsen over time. A healthcare professional can diagnose all your injuries, and those medical records will be essential when pursuing compensation.
Gather Your Own Evidence
If you can, exchange contact and insurance information with the other driver involved in the accident. You should also take photos and videos of the accident scene. Photograph the damage to your vehicle and other property, as well as your visible injuries. If there are any witnesses present, get their information as well.
Notify Your Insurance Company
You should notify your insurance company about the accident as soon as possible. Simply contact them and provide the necessary details about the incident. You are not obligated to speak with the other driver’s insurance company. If they contact you, politely decline and consult with your attorney.
Talk to an Experienced Lawyer
Seeking legal counsel after a car accident in Arizona is crucial. An experienced attorney can guide you through the complexities of the legal process, ensuring you understand your rights and options. At the law firm of Luis P. Guerra, L.L.C., we are committed to helping you through the challenges associated with a car accident. We recommend speaking with an attorney at our firm as soon as possible, as there are limitations on how long you have to file a claim.
Statute of Limitations in Arizona
A statute of limitations is a legal time constraint that sets a deadline for filing a claim. In Arizona, personal injury claims arising from car accidents generally must be filed within two years of an accident. Failing to meet this deadline could result in the loss of legal rights to seek compensation for damages.
Arizona Is an at-Fault State
Arizona is an at-fault state for car accidents. This means that the driver who is found to be responsible for the accident is liable for the damages caused. Arizona is also a comparative negligence state, meaning the degree of fault of each party involved in an accident is considered when determining liability.
Even if a person is partially at fault for the accident, they can still recover damages, but their compensation will be reduced in proportion to their degree of fault. For example, if the defendant is found to be 80% at fault and the plaintiff is 20% at fault, the plaintiff can still recover damages, but their compensation will be reduced by 20%.
FAQs
Q: How Long Do You Have to Report a Car Accident in AZ?
A: You should file an accident report immediately and, if possible, remain at the scene of the accident until a law enforcement officer arrives. In Arizona, an officer called to an accident scene is required to file a report if the incident resulted in property damages exceeding $2,000, injuries, or death. We recommend contacting the police even if you believe the accident was minor, as it can be important evidence for an insurance claim or if you pursue legal action.
Q: How Long Does a Car Accident Affect Your Insurance in Arizona?
A: In Arizona, your insurance can be affected for many years following a car accident, depending on the severity of the accident, your specific insurance company’s policies, and your driving history. Discussing your concerns with your insurance agent can give you a better idea of how your rates may be impacted.
Q: How Long After a Car Accident Can You Sue in Arizona?
A: The statute of limitations for a car accident claim is typically two years in Arizona. There are some exceptions to this rule, including if the at-fault party is a minor, in which case, the statute of limitations may be increased until they reach 18 years of age. Another exception is if the at-fault party is out of state or hasn’t been identified, the statute of limitations can be suspended until they are found.
Q: Is Arizona an At-Fault State?
A: Yes, Arizona is an at-fault state. This means the driver who is determined to be at fault for a car accident is responsible for compensating the other party for their damages, including property damage, lost wages, medical costs, and pain and suffering. Usually, the at-fault driver’s insurance company is responsible for paying these damages.
Q: What Damages Can I Recover for a Car Accident?
A: You can potentially recover economic and non-economic damages. Economic damages are tangible, monetary losses that are easily calculated, such as lost wages, medical expenses, property damages, and reduction in earning capacity.
Non-economic damages are intangible losses such as disfigurement, loss of enjoyment of life, pain and suffering, and loss of consortium. The amount of damages you will be awarded depends on how severe your injuries are, the extent of your losses, and the overall strength of your case.
Trust the Law Firm of Luis P. Guerra, L.L.C., After a Car Accident
Luis P. Guerra, L.L.C., has been providing car accident victims with dedicated legal representation for nearly three decades. Our firm has handled numerous personal injury and wrongful death cases that arise from motor vehicle accidents. We are committed to providing compassionate care and unwavering support throughout your legal journey. If you’ve been injured in a car accident, reach out to us for a consultation.