By Serdar Arslan, editor · Last reviewed · How we research
Arizona's constitution settles the damages question directly: the amount recoverable for injury or death may not be limited by law (Ariz. Const. art. 2, § 31). As a result, Arizona car accident cases generally have no cap on damages. Fault is shared under pure comparative negligence, so a driver who was mostly to blame can still recover a reduced amount.
Timing is less forgiving. Injury, vehicle damage and wrongful death suits generally must be filed within 2 years. If a city, county or state vehicle was involved, a written notice of claim is generally due within 180 days, and the lawsuit within 1 year. Arizona does not generally require drivers to file their own crash report with the state, although you must stop, exchange information, help anyone hurt and call 911 when someone is injured. Minimum liability limits rose to 25/50/15 for policies issued or renewed from July 1, 2020. In 2024, 1,229 people died in crashes on Arizona roads.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years from the date of injury Source: Ariz. Rev. Stat. § 12-542 |
|---|---|
| Property damage deadline | Generally 2 years for damage to your vehicle or other property Source: Ariz. Rev. Stat. § 12-542 |
| Wrongful death deadline | Generally 2 years from the date of death Source: Ariz. Rev. Stat. § 12-542 |
| Claims against a government entity | Before suing a city, county, the State of Arizona or a public employee, you generally must file a written notice of claim within 180 days after the claim arises. The lawsuit itself generally must be filed within 1 year. |
| Fault rule | Pure comparative fault: Your damages are reduced by your percentage of fault, and you can still recover something even if you were mostly at fault. Source: Ariz. Rev. Stat. § 12-2505 |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $15,000 property damage Source: Ariz. Rev. Stat. § 28-4009 |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | Arizona's constitution says the amount of damages for injury or death may not be limited by law, so there is generally no cap on damages in car accident cases (Ariz. Const. art. 2, § 31). |
| Reporting a crash | Arizona does not generally require drivers to file their own crash report with the state. You must stop, stay at the scene, exchange information and help anyone injured, and you should call 911 if anyone is hurt. Police who investigate must write a full report when there is injury, death, a citation, or more than $2,000 in property damage. |
Getting your crash report in Arizona
For crashes handled by the Arizona Department of Public Safety (Highway Patrol), request a copy through the DPS online public records portal (psp.azdps.gov, 'Request a Report or Records'). For city police or sheriff crashes, ask that agency directly. Official request page
Checking a Arizona lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: State Bar of Arizona – Member Directory
- Lawyer referral: County bar lawyer referral services (listed by the State Bar of Arizona)
1,229 people died in motor vehicle crashes in Arizona in 2024, according to IIHS analysis of NHTSA FARS data.
Frequently asked questions
›Is there a limit on how much I can recover after an Arizona crash?
Generally no. Arizona's constitution says the amount of damages for injury or death may not be limited by law (Ariz. Const. art. 2, § 31). Your award can still be reduced by your own share of fault.
›Can I recover if the crash was mostly my fault?
Yes. Under Arizona's pure comparative fault rule, your damages are reduced by your percentage of fault, but you can still recover something even if you were mostly at fault (Ariz. Rev. Stat. § 12-2505). At 80% fault, for example, you could still recover 20% of your damages.
›What is the statute of limitations for an Arizona car accident?
Generally 2 years from the date of injury for injury and property damage claims, and 2 years from the date of death for wrongful death (Ariz. Rev. Stat. § 12-542). Claims against a public entity have much shorter deadlines.
›Do I have to file a crash report with the state myself?
Generally no. Arizona does not require drivers to file their own report with the state, but you must stop, stay at the scene, exchange information and help anyone injured (Ariz. Rev. Stat. §§ 28-661 to 28-663). Police who investigate must write a full report when there is injury, death, a citation, or more than $2,000 in property damage (§ 28-667).
›Can I sue the state or a city after a crash in Arizona?
Yes, but you generally must first file a written notice of claim within 180 days after the claim arises (Ariz. Rev. Stat. § 12-821.01). The lawsuit itself generally must be filed within 1 year (§ 12-821). This applies to cities, counties, the State of Arizona and public employees.
Sources
- Ariz. Rev. Stat. § 12-542 (via Justia)
- Arizona DIFI – Minimum Coverage
- Arizona DPS – Accident Report
- Ariz. Rev. Stat. § 28-667 (Arizona Legislature)
- State Bar of Arizona – Public FAQs
- Ariz. Rev. Stat. § 12-821.01 (via Justia)
- Ariz. Rev. Stat. § 12-2505 (via Justia)
- IIHS – Fatality Facts 2024: State by state
- Ariz. Rev. Stat. § 12-542 (current, via Justia)