When You Can and Can’t Sue for a Car Accident in Arizona
After a crash, one of the biggest questions victims ask is: Can I sue the other driver? In Arizona, the answer isn’t always as straightforward as it seems. While you do have the right to pursue compensation after a car accident, not every crash justifies a lawsuit, and not every situation makes legal action worth the time or money.
Understanding when you can sue—and when you can’t—is key to protecting your rights, time, and financial well-being.
Arizona Is a Fault-Based State
Unlike no-fault states, Arizona follows a fault-based system for car accidents. That means the person who caused the accident is responsible for paying damages. If you were injured by a negligent driver in Downtown Tempe, Holdeman, or anywhere else in the state, you have the legal right to pursue compensation.
But there are options for how you recover that compensation:
You can file a claim with your own insurance (if you have appropriate coverage)
You can file a claim directly with the at-fault driver’s insurer
You can sue the at-fault driver in civil court
A lawsuit often becomes necessary when the insurance company refuses to pay a fair settlement or denies liability altogether. It can also be appropriate if your damages are severe and go beyond the policy limits of the at-fault driver.
When You Can Sue After a Car Accident
You are allowed to sue the at-fault party in most situations if:
You suffered serious injuries such as traumatic brain injuries, spinal cord trauma, or paralysis
Your medical bills or lost income exceed the at-fault driver’s insurance coverage
The driver was reckless or impaired (as in a DUI crash)
You were a pedestrian or cyclist hit by a driver
The insurer is acting in bad faith by delaying or denying your valid claim
Lawsuits can also be brought when liability is shared. Arizona uses pure comparative negligence, so even if you were partially at fault, you can still sue, but your compensation will be reduced by your percentage of fault. For example, if you were 20% responsible, your total compensation would be reduced by that amount.
This often becomes relevant in parking lot collisions, t-bone crashes, or rideshare accidents, where fault can be disputed.
When You Can’t Sue
Even though Arizona is a fault state, there are situations where suing isn’t viable or necessary:
Your injuries are minor and fully covered by insurance
The at-fault driver is uninsured and has no assets, making collection impossible
You missed the statute of limitations (2 years from the date of the crash)
You signed a settlement release, preventing future legal action
If you’ve already accepted a settlement and signed a waiver, you generally can’t go back and sue—even if your injuries turn out to be worse than you thought. That’s why it’s so important to get legal advice before signing anything.
Also keep in mind that if you were the one fully at fault for the accident, you cannot sue for your own damages. However, if another party (like a vehicle manufacturer or city for poor road maintenance) played a role, you might still have a claim.
What About Suing for Emotional Distress or Pain and Suffering?
You can sue for non-economic damages in Arizona, including pain and suffering, emotional distress, and loss of enjoyment of life. These types of damages are often pursued in cases involving permanent injury or long recovery times.
If your injury from a rollover accident or pedestrian crash has dramatically altered your daily life, these damages can significantly increase the value of your case.
Filing a Lawsuit Doesn’t Mean Going to Trial
Many people avoid the idea of suing because they assume it means a lengthy courtroom battle. In reality, most car accident lawsuits in Arizona settle before trial. Filing a lawsuit is often a strategic move to pressure the insurer into a better offer.
However, you should be prepared for the legal process to take time. As discussed in our post on why Arizona claims take so long to settle, discovery, depositions, and motions can stretch out the timeline.
If your injuries are serious, that extra time may be necessary to recover the full compensation you deserve.
What to Do If You’re Unsure
If you’re not sure whether your case is strong enough to sue, don’t make the decision alone. A qualified Arizona injury attorney can review your case and give you honest feedback. Some cases are better handled through negotiation; others require the pressure of a lawsuit to get results.
You can also consult resources from az.gov or the Arizona courts to learn more about your legal rights and time limits for filing.
Still weighing your options after a crash in Tempe or anywhere in Arizona? Start with a free consultation at Tempe Car Accident Attorney to explore whether a lawsuit is the right move for your case.
