When You Can—and Can’t—Sue After a Crash in Tempe

After a car accident in Tempe, it doesn’t take long before people start throwing legal advice your way. One friend says you should sue. Another says you can’t because Arizona is a “no-fault state” (which, by the way, it isn’t). Google turns up 15 different articles, all saying something slightly different. Meanwhile, your car’s totaled, your back is on fire, and the insurance company still hasn’t called back.

Let’s clear it up. You can sue after a crash in Arizona—but only under the right circumstances. And whether or not you should sue? That depends on a lot more than just how bad the accident looked.

If you're not sure which category your situation falls into, start by talking to a Tempe car accident attorney who understands when a lawsuit actually helps. Because if you’ve got the right facts, suing may be the smartest thing you do. If not, it could be a costly waste of time.

First Things First: Arizona Is a Fault State

Since Arizona uses a fault-based system, the driver who caused the crash is financially responsible for damages. That gives you the option to file a claim with their insurance—or file a lawsuit directly against them. You’re not stuck going through your own insurer like you would be in a no-fault state.

Still, most cases begin as insurance claims. That’s faster, simpler, and—if the claim is properly documented—often enough to get you paid. But when the other side refuses to cooperate, filing a lawsuit becomes your pressure lever.

You can file a lawsuit for:

• Injury-related expenses

• Emotional distress

• Lost wages

• Permanent disability or disfigurement

• Wrongful death on behalf of a family member

What makes your case “lawsuit-worthy” isn’t just the damage—it’s whether the facts, documentation, and fault support a court-based claim.

You Can Sue If the Other Driver Was Clearly Negligent

Negligence is the foundation of any personal injury lawsuit. If the other driver was texting, speeding, drinking, or just not paying attention, that behavior qualifies. But your attorney still has to prove it with evidence.

That’s why cases involving distracted drivers, DUI crashes, or blatant red-light running are some of the most straightforward to litigate—because the fault is visible, provable, and often documented in police reports or surveillance footage.

The more complex the facts, the more your case depends on scene investigation, medical records, and timing. A Downtown Tempe accident attorney can help you gather and present the evidence properly, especially in high-traffic zones where liability disputes are common.

You Can Sue If the Insurance Company Won’t Settle Fairly

Sometimes, it’s not about whether the crash happened or who caused it—it’s about how little the insurer is willing to pay.

You could have the most well-documented case in Arizona, but if the insurance company won’t budge, your only remaining option may be to sue. Filing a lawsuit doesn’t always mean you’ll end up in court. In fact, most suits trigger higher settlement offers once the insurer knows you’re serious.

That’s especially true if you’re dealing with long-term damage, like spinal injuries or traumatic brain trauma. If your pain is being minimized or your future care costs are being ignored, a Tempe spinal cord injury lawyer can escalate things until the compensation reflects reality.

You Can Sue a Government Entity—But It’s Different

Let’s say you weren’t hit by a driver. Instead, you ran over an unmarked construction hazard, or a city maintenance truck backed into you in a Tempe municipal lot. These are government-related claims, and yes, you can sue—but the rules are very different.

Arizona requires that you file a Notice of Claim with the agency involved, often within 180 days of the incident. Miss that deadline, and your case is done.

These lawsuits also require proof that the city, county, or state was negligent in its maintenance or operation. A Tempe government crash attorney can help navigate these narrow timelines and procedural requirements. You can also learn about filing claims against public entities on tempe.gov.

You Might Not Be Able to Sue If You Wait Too Long

Arizona’s statute of limitations for personal injury lawsuits is two years from the date of the accident. That may sound like a long time, but delay is one of the top reasons valid lawsuits fail.

People wait because they think:

• Their injuries will heal

• The insurance will eventually “do the right thing”

• They’ll deal with it after life settles down

But once the two-year mark hits, your right to sue is gone. It doesn’t matter how solid your evidence is—if it’s too late, it’s too late.

You can find more on this deadline and other procedural rules on azcourts.gov, but don’t assume reading legal FAQs is a substitute for real guidance. Every case is different. And waiting is one of the fastest ways to lose yours.

You Can’t Sue If You’re the Sole Cause of the Crash

Arizona uses comparative negligence law, meaning you can still recover damages even if you were partly at fault. But if you were 100% responsible, you don’t have a lawsuit. You also won’t win a counterclaim if the other party files one against you.

Now, most cases don’t hit 100% one way or the other. But if you were driving drunk, speeding through a school zone, and rear-ended someone at a red light—it’s probably not going to court in your favor.

Still, fault isn’t always black-and-white. In shared-responsibility cases, a Tempe accident lawyer for complex liability can help reduce your fault share and keep the door open to recovery. Don’t self-disqualify before getting legal insight.

Hit-and-Run? You Can Still File a Lawsuit—Sometimes

If you were injured in a hit-and-run and the driver is later identified, yes, you can sue. But if they’re never found, your case becomes a claim against your own uninsured motorist (UM) coverage.

You may still need a Tempe hit-and-run attorney to get fair value from your insurer—because yes, they can lowball you even when they’re supposed to be on your side.

And if the driver is caught but uninsured, your lawsuit may not be worth pursuing financially—unless they have personal assets or were driving for a company.

For more on recovery options in these cases, check az.gov or ask your attorney to help uncover any hidden insurance avenues.

You Don’t Have to Decide Alone—That’s What We’re Here For

Suing someone after a crash sounds aggressive—but sometimes it’s the only way to get what’s fair. The key is knowing when it’s worth it, when it’s a waste, and when it’s better to negotiate hard and walk away with a clean win.

The smartest move you can make is to speak with a Tempe car accident lawyer who’s won cases inside and outside the courtroom. Not every crash leads to a lawsuit. But every crash deserves to be taken seriously.