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Arizona Car Accident Claim Deadlines: 2 Years, 180 Days and 1 Year

By AutoInsuranceBundle.pro · Published

Short answer: In Arizona, most car accident lawsuits for injury or property damage must be filed within two years under A.R.S. 12-542. If a city, county, state agency or public employee is involved, you must file a notice of claim within 180 days under A.R.S. 12-821.01 and sue within one year. The notice must include facts and a specific settlement amount.

After a car accident, most people focus on repairs and medical care. Deadlines are easy to forget, and in Arizona some of them are short. Missing one can end a claim entirely, no matter how strong it is. The rules also change when the other vehicle belonged to a city, county or state agency, or when a road defect was part of the cause.

The short video below covers the basics in about half a minute. It uses licensed stock footage of roads, calendars and paperwork, not footage of any real crash. The full guide follows.

Video: Arizona car accident deadlines: 2 years and 180 days (33 sec). Licensed stock footage; illustrative only, not footage of a real crash or real people involved in one.
Video transcript

Car accident in Arizona? The clock on your claim starts right away. Under Arizona law, most injury and property damage lawsuits must be filed within two years. If a city, county or state agency is at fault, you must file a notice of claim within 180 days, and sue within one year. The notice needs the facts and a specific settlement amount. Tell your own insurer promptly too. Mark your deadlines today. Compare free quotes at autoinsurancebundle.pro.

The basic two-year deadline

Under A.R.S. 12-542, actions for personal injury and for injury to property, including damage to your car, generally must be filed within two years after the cause of action accrues. For most crashes, that is the date of the accident.

Claims against a public entity

If the at-fault party is a public entity or public employee, a separate set of rules applies.

DeadlineRuleSource
180 daysFile a notice of claim with the person authorized to accept service for the entity or employeeA.R.S. 12-821.01
60 daysIf the entity does not respond, the claim is deemed denied 60 days after the notice is filedA.R.S. 12-821.01
1 yearFile the lawsuit against the public entity or employeeA.R.S. 12-821
2 yearsMost other injury and property damage lawsuitsA.R.S. 12-542

Under A.R.S. 12-821.01, a claim that is not filed within 180 days after it accrues is barred. The statute says a claim accrues when the injured person realizes, or reasonably should realize, the damage and what caused it. For minors and people who are legally incompetent, the 180 days generally runs from when that status ends.

What the notice of claim must include

The notice is not a simple letter. A.R.S. 12-821.01 requires it to contain facts sufficient for the public entity or employee to understand the basis of liability, plus a specific amount for which the claim can be settled and the facts supporting that amount. A vague notice, or one with no dollar figure, can fail. It must also be delivered to the right person, meaning one authorized to accept service for that entity.

State rules vary, and deadlines in other states can be very different. Call (888) 217-5854 for free quotes.

Step-by-step: protect your Arizona claim

  1. Write down the crash date and count forward: 180 days, one year and two years.
  2. Identify every party. Note whether a government vehicle, employee or road condition was involved.
  3. Get the police report and photos of the scene, vehicles and any road hazard.
  4. Tell your own insurer promptly. Your policy has its own notice requirements, separate from the lawsuit deadlines.
  5. Track your costs so you can support a specific settlement amount in any notice of claim.
  6. Talk to an attorney early if a public entity may be responsible, because the 180-day window closes fast.

Your own insurer's deadlines

Statutes of limitations govern lawsuits. Your policy is a separate contract with its own rules, and most policies require prompt notice of a crash and cooperation with the claim. Uninsured and underinsured motorist claims can also have policy-specific requirements. Read the conditions section of your policy or ask your agent, and do not wait for the other side's insurer to act first.

Common mistakes that cost Arizona drivers their claims

The most common problem is simply waiting. Treatment, repairs and talks with an adjuster can stretch over months, and none of that pauses the statute of limitations. An adjuster who keeps asking for more records is not extending your deadline, and settlement talks do not stop the clock unless there is a written agreement that says so.

A second mistake is assuming the other driver was a private motorist. A crash with a city bus, a county maintenance truck or a state vehicle, or one caused by a poorly maintained road or a missing sign, can bring in the public entity rules. In those cases, the 180-day notice window is the deadline that matters most.

A third mistake is sending a notice of claim that leaves out a specific settlement amount, or sending it to the wrong office. The statute is strict about both. Keep a copy of everything you send, with proof of delivery.

Finally, remember that property damage and injury claims can both be affected. If you are unsure which deadline applies to your situation, get advice from an Arizona attorney well before the earliest date on your calendar.

How deadlines connect to your coverage

Your own coverages can help while a liability claim is pending. Collision coverage can pay for repairs to your car, minus your deductible, and medical payments coverage, if you carry it, can help with medical bills. Using your own coverage does not usually replace your claim against the at-fault party, but your insurer may seek repayment from that party later. Check your policy for its own notice and proof-of-loss requirements.

FAQ

How long do I have to sue after a car accident in Arizona?

Generally two years for injury and property damage under A.R.S. 12-542. Claims against public entities have shorter deadlines.

What if a city or state vehicle hit me?

You must file a notice of claim within 180 days under A.R.S. 12-821.01, and file any lawsuit within one year under A.R.S. 12-821.

What does a notice of claim need to say?

Enough facts for the entity to understand the basis of liability, plus a specific settlement amount and the facts that support it.

What happens if the public entity does not answer?

The claim is deemed denied 60 days after the notice is filed. You still need to sue within the one-year deadline.

Do the deadlines differ for minors?

Yes. For minors and legally incompetent persons, the 180-day notice period generally starts after that status ends. Get legal advice for the details.

Questions about your coverage? Call a licensed agent at (888) 217-5854 to compare free quotes.

Important: This article is general information, not legal, tax, or insurance advice, and coverage rules vary by state, insurer, and policy. AutoInsuranceBundle.pro is a free, independent insurance comparison and referral service. We are not an insurance company, we do not issue policies, and we do not provide insurance advice. Calls to the number on this site are routed to licensed insurance agents or agencies in our partner network, who may receive compensation. Calling is completely voluntary and there is no obligation to buy. Rates, discounts, and availability vary by carrier, state, and individual eligibility; not all carriers, products, or discounts are available in all states. Calls may be recorded for quality and compliance purposes.

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