How to Open an Auto Accident Claim in Arizona

Updated September 14, 2026

Opening an auto accident claim in Arizona means notifying the appropriate insurer and creating a record of the loss. It does not file a lawsuit or guarantee payment. This guide explains which insurers to contact, what information to provide and how to track the separate insurance and legal deadlines after a crash.

The first steps are practical: attend to medical needs, identify coverage, report accurate facts and keep the claim information organized. Reimbursement obligations and settlement terms also deserve attention before you decide what an offer leaves available to you.

What “opening a claim” actually means in Arizona

Filing an auto accident claim isn’t one thing. It’s usually several things happening in parallel, and each one has its own rules.

At minimum, you may be opening:

• A first-party claim with your own insurer under coverages you paid for (collision, MedPay, UM/UIM, rental).
• A third-party claim with the at-fault driver’s liability carrier, which is a demand for their insurance to pay for the harm their driver caused.
• A health-insurer notification or ERISA-plan notification, because your health plan may have subrogation or reimbursement rights against any recovery.

Arizona liability claims generally depend on legal responsibility for the crash and resulting harm. An insurer pays only when its coverage applies, subject to limits and terms. A.R.S. § 28-4009 generally sets minimum liability limits of $25,000 per person and $50,000 per accident for bodily injury, plus $15,000 property damage, for policies issued or renewed on or after July 1,2020. Actual injury losses can exceed available limits; investigate other coverage without assuming it exists.

Which insurers may need notice

Notice may be owed to more than one carrier at the same time:

1. Your auto insurer: promptly report the collision and review the policy’s notice, cooperation and proof-of-loss requirements. A claim for a particular benefit may need additional information or written notice.
2. A responsible driver’s liability insurer: identify the crash and ask how to open a third-party claim. Its investigation can address fault, damages and coverage.
3. Other potentially applicable insurers: an employer, vehicle owner, household or platform policy may need review depending on the facts. Passenger benefits can create first-party obligations under someone else’s policy.
4. Treatment payers: identify health insurance, MedPay, Medicare, AHCCCS or other benefits and any reporting or reimbursement requirements. Do not assume every payer has identical rights.
5. A public entity or employee: investigate the separate statutory notice of claim and lawsuit requirements promptly. Reporting to an insurance adjuster is not automatically a legally sufficient public notice.

Build a list of possible coverage and ask for the complete policies, declarations and endorsements effective on the crash date. When a request is unclear, ask what benefit or policy provision it concerns. Do not delay required notice while waiting for a complete medical prognosis or a lawyer’s consultation.

What to say, and not say, when you first call

Provide accurate basic information on the initial report. Additional reasonable requests may follow, especially under a policy that insures you. Start with:

• Date, time, and location of the crash
• Vehicles involved (year, make, model, plate if you have it)
• Police report number, if a report was taken
• That you are seeking or have received medical treatment for injuries

Distinguish facts you remember from estimates and information learned later. In particular:

• Describe what you observed without guessing at another driver’s actions or intentions.
• If giving a speed estimate, identify it as an estimate and explain the basis. Do not claim ignorance of facts you actually know.
• Answer medical-history questions accurately. If records are needed, say so and discuss the appropriate scope rather than hiding relevant prior conditions.
• Explain known symptoms and treatment. State that evaluation is ongoing if the diagnosis or prognosis is not yet established.

A useful script: “I can confirm the date, time, and location. I’m being evaluated for injuries and I don’t want to speculate about anything I’m not certain about. What information do you need in writing, and what’s your direct contact?”

Recorded statements: your insurer vs. the other side

There are two different questions here, and they get answered differently.

The adverse driver’s insurer: A third-party claimant generally has no contractual duty to give a voluntary recorded statement merely to pursue a liability claim. You can seek advice before agreeing. Be clear about the request and the insurer’s role; an insurer might also administer first-party benefits under a policy that covers you.

A policy that insures you: Reasonable cooperation duties may include a statement, records or an examination under oath. Review the request, policy terms and timing. You cannot assume you may ignore the insurer’s schedule until all injuries are understood. Ask for clarification or a reasonable scheduling arrangement when needed, and obtain advice about a disputed request while protecting applicable obligations.

Get the claim number, adjuster, and deadlines in writing

The mechanics of opening the claim matter as much as the substance. On every call, get:

• The claim number and the coverage or claim type attached to it.
• The adjuster’s name, direct contact information and a reliable submission method.
• Requested documents, response dates and the policy or legal basis for any stated deadline.
• Written confirmation of an agreed extension or authorization, including its limits.

Keep a dated log of calls, requests, submissions and decisions. Save the documents actually sent and any acknowledgment. The log helps resolve misunderstandings and assess whether handling was reasonable, but it does not by itself prove bad faith or guarantee a later legal remedy.

Confirm material agreements in writing. For example, record the authorized rental dates and daily limit rather than assuming an oral approval covers every charge. If the insurer corrects your understanding, keep that response and address the disagreement promptly.

Read your declarations page

Before you make any decisions about which coverage to use, pull your policy’s declarations page (the “dec page”). It lists what you actually bought. In an Arizona auto policy, look for:

• Liability limits: coverage for legally responsible harm to others, subject to the terms.
• Collision: eligible vehicle damage, subject to a deductible, exclusions and valuation terms.
• MedPay: eligible medical expenses under purchased coverage, without deciding fault, subject to limits and conditions. Repayment rights require separate review.
• UM/UIM: distinct bodily injury coverages governed by A.R.S. § 20-259.01. Check insured status and purchased limits. The current statute makes the delivered declarations page the final expression of selection or rejection; a missing signed form alone does not establish coverage.
• Rental reimbursement, towing and related benefits: check the purchase, limits, duration and triggering conditions.

A declarations page summarizes coverage, but the full policy and endorsements answer many questions about exclusions and obligations. Compare crash-date documents rather than a later renewal. Notify potentially applicable UM/UIM insurers early instead of waiting to learn the final liability payment.

Total loss, rentals, and borrowed-vehicle coverage

For a claimed total loss, request the valuation and the contract or legal basis of the offer. Confirm the vehicle description, condition, mileage and adjustments. A disagreement should focus on accurate comparable information and available review procedures, rather than assuming every offer can be increased.

Practical points:

• Vehicle value: review the insurer’s report and identify errors or genuinely comparable vehicles. An advertised asking price is not necessarily a completed sale price.
• Rental or loss of use: distinguish purchased reimbursement benefits from a third-party damages claim. Confirm rate, duration and end date in writing; do not assume every charge will be paid.
• Borrowed vehicle: A.R.S. § 28-4010 generally makes the policy describing or rating the vehicle as owned primary when multiple valid, collectible liability policies apply. That payment-order rule does not create coverage under a policy that excludes the event. Review permission, use and both policies.

Subrogation and MedPay liens

A gross settlement and the amount ultimately available after fees, costs, bills and reimbursement are different numbers. Identify actual obligations before estimating the net amount. A payer’s demand should be checked for its legal basis, crash-related payments and accuracy.

Different benefits create different rights. CMS explains Medicare’s recovery process for conditional payments. Employer health plans, AHCCCS and other payers have their own governing terms and laws. Section 20-259.01(I) concerns UM subrogation; do not describe it as a universal rule for both UM and UIM payments. Auto MedPay liens are addressed separately in subsection(J).

What to do about it:

• Identify which payer paid each crash-related expense and request an itemized accounting.
• Check whether the asserted right applies and whether required procedures were followed.
• For auto MedPay, section 20-259.01(J) provides a lien only for payments above $5,000, in the excess amount, with perfection and fair-compromise requirements.
• For other payers, determine the actual reimbursement rule and available review or compromise process. Do not assume a made-whole or fee-sharing rule applies to every plan.
• Resolve or plan for valid obligations before distributing settlement funds.

A lawyer can help evaluate disputed repayment demands, but no reduction should be promised. Keep the final accounting and any written release or compromise of an asserted reimbursement right.

Claim reporting, UM/UIM notice and lawsuit deadlines

These are separate requirements. Opening a file with an insurer does not automatically satisfy or extend all of them.

• Policy notice and cooperation: report promptly and follow the applicable terms. Ask for any specific request and response date in writing.
• Tort filing and public notice: calculate the statutory deadlines from the relevant accrual facts and defendant type.
• UM/UIM: A.R.S. § 12-555 has separate written-notice and arbitration or lawsuit rules, generally involving three-year periods with specified triggers and conditions. Ordinary loss reporting may not satisfy every later step.

An Arizona injury lawsuit against a private party generally has a two-year limit after accrual under A.R.S. § 12-542. A public-entity or public-employee claim generally requires a proper notice within 180 days after accrual under A.R.S. § 12-821.01, plus a separate lawsuit within one year after accrual under A.R.S. § 12-821. These are separate requirements, not extra time added to the private-party deadline. Identify the claimant, responsible parties and accrual date early. Minority, disability and other exceptions require individual review. A private contractor does not automatically become a public entity because it works on a public road.

Do not wait for an insurer’s investigation or settlement discussions to finish before checking legal deadlines. For a public claim, proper recipient, supporting facts and a specific settlement amount matter. The 180-day notice period is measured after accrual under the statute, not an automatic rule based only on the incident date in every situation.

Signs the claim is being handled in bad faith

Arizona first-party bad faith requires more than a disagreement or mistake. Noble v. National American Life Insurance Co.,128 Ariz. 188,624P.2d866 (1981), requires an absence of a reasonable basis and knowledge or reckless disregard of that absence. A federal order applying Arizona law, pages 17 to 18 explains those objective and subjective requirements. Assess the information available at the time, the conduct and resulting harm.

Questions worth documenting for review include:

• What information was requested, when it was supplied and whether it remained genuinely missing.
• What explanation was given for a coverage or valuation decision.
• Whether promised responses or agreed deadlines were met, and any reason for delay.
• Which policy terms and evidence support the disputed position.
• What additional harm, if any, resulted from the handling rather than the crash itself.

A slow response, low offer or repeated request does not automatically establish bad faith. Keep the evidence and obtain advice if the handling appears unreasonable. An injured third party ordinarily does not acquire the insured’s contractual rights simply by seeking liability benefits from the other driver’s policy.

Frequently Asked Questions

How soon do I have to report the accident to my own insurer in Arizona?

Report promptly and check the actual policy requirements. Do not assume that waiting a few days is always safe. Specific benefit claims, particularly UM/UIM under A.R.S. § 12-555, can involve additional written-notice and action deadlines. Ask for confirmation of what has been received and what remains due.

Do I have to give the other driver’s insurance company a recorded statement?

An adverse insurer generally cannot require a voluntary recorded interview simply because you are a third-party claimant. A policy that insures you can impose reasonable cooperation duties, even if someone else bought it. Identify the insurer’s role before deciding how to respond.

What if the at-fault driver has no insurance?

Check purchased UM coverage under policies that may insure you. Coverage requires proof of insured status, the covered event, fault and damages. Current section 20-259.01 gives the delivered declarations page a specific role in selection or rejection. Notify the carrier and check the separate 12-555 deadlines.

How long do I have to file a lawsuit in Arizona?

A private-party injury lawsuit generally has a two-year period after accrual. A public-entity or public-employee claim generally requires a proper notice within 180 days and a separate lawsuit within one year after accrual. Exceptions and separate insurance deadlines can apply. A claim number does not replace a timely filing.

Will my health insurance want its money back if I settle?

Possibly. Rights differ by payer, plan, benefit and law. Request the payment detail and legal basis before assuming the amount owed. Auto MedPay has a specific statutory lien threshold and procedures; Medicare and health plans use different rules. A reduction is not guaranteed.

Should I file the claim myself or talk to a lawyer first?

You can report accurate basic facts yourself and should not delay required notice. Legal review can help when injuries, coverage, fault or deadlines are disputed. Gather the policies and claim records so a consultation can address concrete questions. A consultation alone does not mean the firm has undertaken representation.

Get help opening your Arizona auto accident claim

We can help identify potential coverage, explain the documents requested and review the next steps. Bring the crash information, declarations and any written deadlines or settlement proposal. Continue necessary medical care and required reporting while those questions are reviewed.

Free case review: (602) 345-1818. Our intake team answers 24/7. No attorney’s fees unless we recover, subject to the written agreement and its case-cost terms.

By Jared J. Pehrson | Impact Legal Car Accident Attorneys