The first week after an Arizona car crash
Saks Law ·
Most of what an insurer will argue about later depends on records made in the first few days. Here is what to gather, and what to hold off on.
Why the first week matters
An injury claim is argued over records. Fault, the cost of treatment and how badly you were hurt all come down to what was written down, photographed or reported, and most of that is created in the days right after the crash.
None of this needs a lawyer to start. It does need doing before the details fade and the footage is erased.
Get checked, even if you feel fine
Adrenaline can hide pain for hours, and some injuries, such as a concussion or a back injury, take days to show. A medical record that starts on the day of the crash is much harder for an insurer to dispute than one that starts three weeks later.
Tell the doctor exactly how the crash happened and where it hurts. Then follow the treatment plan, because gaps in care are one of the first things an adjuster looks for.
Get the crash report
The report comes from whichever agency responded: a city police department, the county sheriff, or the Arizona Department of Public Safety on a state highway. The officer usually hands out a card or slip with the report number.
Request the report once it's ready and read it closely. If a statement in it is wrong, the agency may let you submit a correction or a supplemental statement.
Photograph more than the cars
Photos of the vehicles matter, and so do photos of the intersection, the traffic signals, skid marks and anything that blocked a driver's view. Businesses nearby may have cameras that record over themselves within days, so ask about footage early.
Photograph your injuries too, more than once. Bruising and swelling change over the first week, and a series of photos shows it better than a single picture.
Report it to your insurer, and go slowly with theirs
Your own policy almost certainly requires prompt notice of a crash, so report it to your insurer. That keeps your own coverage available, including uninsured and underinsured motorist coverage if the other driver's insurance turns out to be too small.
Should you give the other driver's insurer a recorded statement? You don't have to. Write down the claim number and the adjuster's name, and talk to a lawyer before you describe the crash or your injuries to them.
The deadlines that start on the day of the crash
Most Arizona injury lawsuits must be filed within two years under A.R.S. § 12-542. A claim against a city, county or the state needs a written notice of claim within 180 days under A.R.S. § 12-821.01, which is easy to miss when a public vehicle or a road defect played a part.
An uninsured or underinsured motorist claim has its own rule: written notice to your insurer within three years under A.R.S. § 20-259.03.
Keep a simple file
One folder is enough: medical bills and records, receipts, mileage to appointments and the days of work you missed. A few lines a day about pain and what you couldn't do helps more than people expect, because it's written while you still remember.
If the crash put you in the hospital or broke a bone, call for a free case review. Saks Law takes injury cases on contingency, and we don't get paid unless you get paid.