Getting a police report of any accident involving a vehicle is one of the most critical things you can do to preserve your rights. Many car accidents result in insurance claims, and some even give rise to lawsuits. Having some type of report from law enforcement goes a long way for personal injury claims—especially in the determination of fault.
Knowing when the law requires you to report an accident and how to obtain a police report are also critical. We’ll dive into those areas of Arizona personal injury law below so you know the best ways to preserve your accident claim.
One of the biggest reasons you need a police report after an Arizona car accident is that you need evidence to show who was at fault. Arizona uses a fault-based system for car accidents, which means the driver responsible for causing a particular crash is financially liable for the resulting damages (financial losses).
More specifically, Arizona uses the pure comparative negligence system. This system allows drivers who may have been partially responsible for their accident to still receive damages from the other driver. The compensation that the partially at-fault driver recovers, however, gets reduced by the same amount they were at fault.
To illustrate how drivers can recover damages in shared-fault scenarios, let’s consider an accident involving cars at a two-way stop. One driver (Driver A) rolls through the stop sign and collides with Driver B, who has the right-of-way. It might seem that Driver A is solely responsible, but the post-accident investigation by Driver A’s insurance adjuster reveals that Driver B was traveling 37 mph in a 25-mph zone. As a result, Driver B is determined to hold 25% responsibility (fault) for the accident.
Driver B suffered $20,000 in damages, including medical bills, lost wages, and property damage to his car. Because he is 25% at fault, though, he will recover $15,000, or 75% of the total damages.
Continuing with the above example, how did the insurance adjuster arrive at the conclusion that Driver B was 25% at fault? A few pieces of evidence help, including:
Vehicle accidents that often require reporting to law enforcement include:
Arizona accident law requires drivers involved in vehicle accidents to contact law enforcement if an accident results in injury or death, or if it results in more than $1,000 in property damage. The quickest way to do this is to call 911 and request a response. If you are unable to call 911, though, you can report the accident in person at the nearest police precinct, county sheriff’s office, or highway patrol office.
If an accident resulted in zero physical harm, police officers are only required to file a comprehensive police report if the accident caused more than $2,000 in property damage. They are still required to file a shortened report if less than $2,000 of property damage occurred in the accident.
Thompson Law recommends that drivers call the police after any accident, no matter how minor the property damage. Police reports are critical during the insurance claims process or legal proceedings. Additionally, some injuries may not manifest immediately after a vehicle accident. At the very least, you need to exchange contact and insurance information with the other driver.
The most efficient way to obtain an Arizona police accident report is to call the office of the responding agency and request the report. Depending on which agency responded (municipal police, county sheriff, or state highway patrol), you may be able to request the report through an online portal.
Be prepared to pay modest fees for your police accident report. For example, the Arizona Highway Patrol charges $9 for the first nine pages of a mail or email report; each additional page is $0.10. Arizona officers are required to submit reports within 24 hours of an accident, but it may take several days for your report to become accessible.
After you receive a copy of your Arizona accident report, put it in a safe place. You’ll likely need it for your insurance claim or lawsuit (if your case progresses to that point).
Insurance companies don’t like paying more than they want to. They’re more likely to give you the money you deserve if you have strong evidence of the other driver’s fault. Police reports are compelling, unbiased pieces of evidence that can support your insurance claim, like videos, photos, and witness statements.
Sometimes, even after extensive negotiations, insurance companies will not engage in good faith after car accidents. Occasionally, the at-fault driver may not even have car insurance.
In both situations, a personal injury lawsuit may be necessary to recover compensation. Police accident reports can help a judge or jury determine the allocation of fault in a car accident case. Crucial evidence can also help nudge defendants toward offering settlements to plaintiffs.
Insurance providers have different rules for submitting accident claims. Your provider may not require you to have a police report before filing a claim, but it can strengthen your case by helping establish fault.
If you find out that your insurance company needs an accident report, you may file an online Citizen’s Collision Report with the Arizona Department of Public Safety. This tool is for accidents that do not require immediate reporting to law enforcement and involve no more than two cars.
Not reporting an accident to the police in Arizona when you are required to do so can result in civil or criminal penalties:
You are under no obligation to accept your insurance company’s offer if you feel they are not acting in good faith. While negotiations between your provider and an attorney may eventually yield a fair offer, there’s no guarantee that will happen in your case. If all else fails, your attorney may advise you that a lawsuit is the best way forward.
To give yourself the best chance of success in your personal injury lawsuit, you’ll need evidence that shows you should get the damages you’re asking for. A police accident report can be an important piece of evidence, as it can give a neutral view of what caused the accident.
Other pieces of evidence that might be helpful include witness statements, accident photographs, video footage, medical bills, and expert testimony. Your attorney can help you identify and gather key evidence for your case.
An important thing to keep in mind is Arizona’s statute of limitations for personal injury lawsuits. Arizona allows two years from the accident for plaintiffs to sue, although some exceptions exist. If you do not file your lawsuit within the statute of limitations, your lawsuit will likely be dismissed unless a special exemption applies. This is one reason you should act with urgency after an accident to assert your rights.
The legal process can be incredibly complex, and it’s best to let a skilled personal injury attorney guide you in that situation. Personal injury cases can take anywhere from a few months to a few years, and if the case goes to trial, then the trial can take anywhere from a few days to several weeks. Your attorney can continue to engage in negotiations with the defendant. If the defendant extends a fair offer, you might want to accept it before your trial goes to the verdict phase.
You deserve to have an effective, skilled, and proven attorney by your side when you’re fighting for fair compensation after a car accident. The legal process contains a multitude of legal nuances and requirements that are best handled by a lawyer. Even if you don’t take your case to court, attorneys can negotiate with your insurance company and give you a better chance of obtaining a fair settlement.
Thompson Law has a long track record of getting compensation for personal injury victims—so far, we’ve recovered more than $1.9 billion. We take cases on a contingency basis, which means you don’t pay us anything unless you recover compensation.
Your only responsibility after suffering injuries due to someone else’s actions should be recovery. If you think you may need the assistance of a personal injury attorney, feel free to contact Thompson Law for information or to set up a free initial consultation.
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.
