How to File a Claim Against the City of Tempe After a Car Accident

Most car accident claims involve other drivers, insurance companies, and maybe a few witnesses. But what happens if the city itself is at fault for your crash? If you were injured due to unsafe road conditions, poor signage, malfunctioning traffic signals, or negligent city workers, you may have grounds to file a claim against the City of Tempe.

Filing a government claim is very different from suing a private individual. The deadlines are tighter, the rules stricter, and the process more complex. At Tempe Car Accident Attorney, our team regularly hears from injured drivers who were blindsided—first by a crash, then by how hard it is to hold the city accountable.

Here’s what you need to know if your wreck wasn’t caused by another driver, but by Tempe itself.

Common Scenarios Where the City May Be Liable

You might not even realize the city contributed to your crash until you start digging into the details. Examples of government-related fault include:

• Missing or obscured stop signs

• Potholes or uneven pavement that cause loss of control

• Malfunctioning traffic lights at busy intersections

• Poorly marked construction zones

• City vehicles (garbage trucks, public works vehicles, etc.) causing collisions

• Inadequate street lighting contributing to nighttime pedestrian accidents

Whether your crash occurred in Downtown Tempe, Escalante, or another part of the city, the moment a government entity’s action—or inaction—contributed to your accident, special legal rules apply.

Arizona's Notice of Claim Requirement

Under Arizona Revised Statutes § 12-821.01, anyone seeking damages from a public entity (like the City of Tempe) must first file a Notice of Claim within 180 days of the incident. If you miss this deadline, your case can be dismissed before it even starts.

Your notice must include:

• A specific demand for damages

• The facts supporting your claim

• Enough information to allow the city to investigate

• Your contact information

This is not the same as filing an insurance claim. It’s a formal legal notice that serves as a prerequisite to suing the government.

Step-by-Step: How to File a Claim Against the City

1. Document the Crash Thoroughly

Take photos of the accident scene, any road hazards (like a pothole or missing sign), and your injuries. Request body cam or traffic cam footage if the city has it. If a rollover occurred due to a poorly marked curb, for example, document that specific location.

2. Get a Police Report

Make sure the responding officer notes any relevant city factors in the crash—such as construction zone layout or traffic light malfunction. These details help tie your injuries to municipal negligence.

3. Seek Medical Attention

Your injury documentation matters just as much as the scene itself. Whether it’s spinal cord trauma, paralysis, or a severe TBI, you’ll need official medical records to establish damages.

4. Draft and Submit the Notice of Claim

Your Notice of Claim must include:

• Your name and address

• A clear explanation of how the city was negligent

• The amount you’re demanding (specific dollar figure)

• Supporting evidence (photos, records, diagrams)

Submit your claim to Tempe’s City Clerk's Office by certified mail or in person. Retain proof of delivery.

5. Wait for a Response

The city has 60 days to respond. They may settle, reject the claim, or fail to respond—at which point you can file a lawsuit.

What If the City Employee Was Driving?

If a crash involved a city worker driving a government vehicle, such as a Tempe garbage truck or street sweeper, the city may be liable for damages. This applies to cases where the driver was:

• Speeding or driving recklessly

• Failing to yield

• Running a red light

• Distracted or under the influence

If this sounds similar to a typical DUI accident or distracted driving case, that’s because the legal standard for negligence is the same. The twist? The city is the defendant.

What Damages Can You Claim?

If you succeed in your claim, you may recover compensation for:

• Emergency room and hospital bills

• Ongoing therapy or rehab

• Lost income and diminished earning ability

• Property damage

• Pain and suffering

• Wrongful death (in fatal crashes)

These types of damages are especially important if the wreck caused long-term disabilities, such as in cases involving paralysis or permanent cognitive impairment.

What If You Miss the 180-Day Deadline?

If more than 180 days have passed since the crash and you haven’t filed a Notice of Claim, you may lose the right to sue. Courts in Arizona apply this deadline strictly—even in cases involving serious injury.

Some exceptions exist, particularly for minors or those incapacitated, but they are narrow and rarely granted. Don’t wait. If the crash occurred in North Tempe, Holdeman, or any other Tempe neighborhood, start the claim process as soon as possible.

Filing a Lawsuit After a Denied Claim

If the city denies your claim or fails to respond within 60 days, you can proceed with a civil lawsuit. However, you must file the lawsuit within 1 year of the original incident date.

This short statute of limitations makes government cases far more urgent than standard Arizona car accident claims.

Final Thoughts: Holding the City Accountable Isn’t Easy—But It’s Possible

The City of Tempe has a responsibility to maintain safe roads, post clear signage, and ensure city vehicles are operated with care. When they fail to uphold that duty, they can be held liable—but only if you follow the right steps quickly.

If you’re unsure where to start, our team offers helpful legal resources to guide you through your next move. You don’t need to navigate municipal red tape alone.