Failing to Stop and Fulfill Legal Duties
Arizona law (ARS 28-662) is explicit: drivers involved in an accident resulting in injury, death, or property damage must immediately stop their vehicle at the scene, or as close as possible without obstructing traffic. Fleeing the scene is a severe criminal offense, potentially classified as a felony hit-and-run if injuries are involved. Your legal duties extend beyond stopping. You are required to provide your name, address, and vehicle registration number to the other involved drivers, passengers, or property owners. If the accident resulted in injury or death, you must also show your driver’s license and render reasonable assistance to the injured, which includes summoning emergency medical services. Failing to do any of this can result in criminal charges, license suspension, and catastrophic implications for any subsequent civil claim.
Neglecting to Call the Police
Many individuals, hoping to avoid hassle or believing the accident is minor, make the critical error of not calling the police. This is a profound mistake. You should always call 911, especially if there are injuries, significant property damage, or any dispute regarding fault. A police report generated by responding officers from the Arizona Department of Public Safety, county sheriff, or local police department is an impartial, third-party account of the incident. It documents the scene, statements from drivers and witnesses, vehicle positions, and often includes the officer’s preliminary opinion on fault. This report is an invaluable piece of evidence for insurance companies during the claims process. Without it, you are left with a “your word against theirs” scenario, which can quickly devolve and complicate your ability to recover compensation.
Underestimating Injuries and Not Seeking Medical Attention
The human body’s adrenaline response following a traumatic event like a car accident can mask pain and injury symptoms. It is dangerously common for people to feel “fine” immediately after the crash and refuse medical attention at the scene. Soft tissue injuries, concussions, and whiplash may not present clear symptoms for hours or even days. The single most important action for your health is to get a thorough medical evaluation as soon as possible. Go to an emergency room, an urgent care facility, or see your primary care physician promptly. This action creates a crucial medical record that directly links your injuries to the accident. From a legal and insurance perspective, a gap in time between the accident and seeking treatment gives the insurance adjuster a reason to argue that your injuries were not serious or were caused by something else entirely, severely devaluing your claim.
Admitting Fault or Apologizing
At the scene of an accident, emotions run high, and a natural human reaction is to express sympathy. However, you must be extremely careful with your words. Never say “I’m sorry,” “I didn’t see you,” “I was distracted,” or any other phrase that could be construed as an admission of fault. Arizona follows a pure comparative negligence rule (ARS 12-2505), meaning that even if you are 99% at fault, you can still recover 1% of your damages from the other party. Conversely, your compensation can be reduced by your percentage of fault. Determining fault is a complex process investigated by insurance companies based on evidence and Arizona traffic laws. Do not make assumptions or speculate. Stick to the facts when speaking to the other driver and the police: provide your information and describe what happened factually without adding opinion or apology.
Failing to Gather Comprehensive Evidence
If you are physically able, your actions at the scene can make or break your insurance claim. Relying solely on the police report is insufficient. You must become your own evidence collector.
- Photograph and Video Everything: Use your smartphone to take pictures of the entire scene from multiple angles. Capture the positions of the vehicles, license plates, damage to all vehicles, skid marks, debris, traffic signs and signals, and the surrounding area. Take photos of the other driver’s license, insurance card, and license plate.
- Identify Witnesses: Ask bystanders and other motorists who saw what happened for their names and contact information. Their unbiased accounts can be pivotal if the drivers’ stories conflict.
- Document the Environment: Note the exact location, time of day, weather conditions, and road quality. This objective data can be critical in establishing how the accident occurred.
Providing a Recorded Statement to the Other Driver’s Insurance Company
Soon after the accident, you will likely be contacted by a claims adjuster from the at-fault driver’s insurance company. They may seem friendly and helpful, but it is crucial to remember they are trained professionals whose primary goal is to minimize the amount their company pays out. They will often request a recorded statement. You are under no legal obligation to provide this. Politely decline. Anything you say can be taken out of context, used to contradict other evidence, and ultimately to devalue or deny your claim. You are only required to provide basic information to your own insurance company per your policy’s terms. Even when speaking with your own insurer, stick to the basic facts without speculation.
Signing Early Medical Releases or Accepting a Quick Settlement
The insurance adjuster may ask you to sign a broad medical authorization release form. Do not sign it. This gives them permission to obtain your entire medical history, which they will then scour to find pre-existing conditions they can blame your current injuries on. You are only obligated to provide medical records relevant to the injuries from the accident. Similarly, beware of the first settlement offer that arrives quickly, often before you’ve reached maximum medical improvement (MMI). This offer is almost always a lowball attempt to close your case cheaply before the full extent of your injuries and associated costs (future medical bills, long-term rehabilitation, lost earning capacity) are known. Once you accept a settlement and sign a release, you forever give up your right to seek further compensation for that accident.
Not Notifying Your Own Insurance Company Promptly
Even if the accident was clearly not your fault, you must report it to your own insurance company as soon as possible. Most insurance policies have a clause requiring you to report accidents promptly and cooperate with the company’s investigation. Failing to do so could give them grounds to deny coverage for your own claim later, such as a claim under your uninsured/underinsured motorist (UM/UIM) coverage or collision coverage. Provide them with the facts of the incident and the information you collected, but remember you are not required to give a recorded statement without preparation.
Handling the Claim Without an Attorney
For very minor fender-benders with no injuries, handling a property damage claim alone may be feasible. However, if you have suffered any injury, no matter how seemingly minor, consulting with an experienced Arizona personal injury attorney is critical. The legal process is complex, and insurance companies have teams of lawyers and adjusters working to protect their bottom line. An attorney understands Arizona’s comparative negligence laws, statutes of limitations (generally two years for injury claims under ARS 12-542), and how to properly value a claim. They handle all communication with the opposing insurance company, negotiate aggressively on your behalf, and are prepared to file a lawsuit if a fair settlement cannot be reached. Most work on a contingency fee basis, meaning they only get paid if they recover money for you. The cost of not having an expert advocate often far exceeds their fee.
