As a passenger in a Phoenix car accident, you are almost never considered at fault. Arizona’s fault-based system gives you the right to file a claim against any at-fault driver’s insurance, including the driver of your own vehicle. You can recover medical expenses, lost wages, and pain and suffering damages.
Arizona is a pure comparative fault state, which means more than one driver can share liability for your injuries. Arizona personal injury lawyers represent passengers across the state; if the crash happened in the valley, Phoenix personal injury lawyers handle cases like this regularly.
Injured passengers in Arizona have the right to seek compensation from any at-fault party, regardless of their relationship to the driver. That includes the person who was driving you, another driver involved in the crash, or both.
Fault in Arizona follows a pure comparative negligence system. Multiple drivers can share liability, and as a passenger, you can file claims against all negligent parties proportionally. Your share of fault in most cases is zero. You weren’t controlling the vehicle, and Arizona law reflects that.
One point that surprises many people: you are filing against an insurance policy, not against the driver personally. Liability insurance exists precisely to cover these situations. The driver’s insurer handles the claim; the driver does not pay out of pocket in most cases.
Your rights as a passenger include:
An injured passenger claim in Arizona can draw from more than one source of coverage, which is a considerable advantage over other types of car accident claims.
Who pays passengers’ medical bills in a car accident depends on who caused the crash. In some cases, more than one insurance policy can cover your damages.
Coverage depends on the specific facts of your accident:
The right policy to file against is determined by fault. In multi-driver crashes, more than one insurer may owe you compensation.
Yes. In most cases, you are filing against their insurance policy, not against them personally.
The insurance company pays the damages, not your friend or family member out of pocket. Drivers carry liability coverage specifically for situations like this. That is what the policy is for.
Their rates may increase after a claim, but they face no direct personal financial liability in most cases. If you work with an attorney, communications go through legal channels, which keeps the process separate from the personal relationship.
Arizona’s statute of limitations gives you two years from the date of the accident to file. Concerns about the relationship are understandable, but waiting too long can close the door on your claim entirely.
These are the steps to take immediately after being injured as a passenger in a Phoenix car accident.
Injured passengers in Arizona can recover both economic and non-economic damages from the at-fault party’s insurance.
Economic damages cover the financial losses tied directly to the crash:
Non-economic damages cover the personal toll of the injury:
Passenger injury compensation varies based on injury severity, fault distribution, and available coverage. How comparative negligence in car accidents applies to your case determines what each insurer owes you.
If the at-fault driver is uninsured or underinsured, Arizona law gives you additional paths to compensation.
Two types of coverage apply in these situations:
Your auto insurance can protect you even when you are not driving. Most passengers do not realize their personal UM/UIM coverage extends to crashes in someone else’s vehicle.
If a government vehicle was involved, such as a city bus or county vehicle, ARS 12-821.01 requires you to file a Notice of Claim within 180 days of the accident. Missing that window can bar your claim entirely, regardless of the two-year statute of limitations.
Insurers handling UM/UIM claims often use specific insurance company tactics to limit what they pay out. Anticipating those tactics before you file protects your claim.
Thompson Law offers injured passengers in Phoenix a free consultation with no fee unless we win. If you were hurt in someone else’s vehicle and are unsure where to start, contact us and we will walk you through your options.
Yes. If the driver of your vehicle caused or contributed to the crash, you have the right to file a claim against their liability insurance. You are not filing against them personally; their insurer handles the claim.
You can file claims against both drivers proportionally. Arizona’s pure comparative fault system allows passengers to recover from all negligent parties based on each driver’s share of liability. Your fault is not a factor.
Two years from the date of the accident. If a government vehicle was involved, the deadline is shorter: ARS 12-821.01 requires a Notice of Claim within 180 days. Missing either deadline can bar your claim permanently.
Yes. Your own UM/UIM coverage applies even when you were not driving. If your policy includes uninsured or underinsured motorist coverage, it can cover your damages when the at-fault driver’s policy falls short or does not exist.
Decline to give a recorded statement until you have spoken with an attorney. Adjusters are trained to gather information that can reduce your payout. Anything you say can be used to limit or deny your claim.
Sí. Hablamos español y podemos revisar tu caso. La consulta es gratis y no cobramos a menos que ganemos su caso. Contáctanos para hablar con uno de nuestros abogados.
Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $2.1 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.
State law limits the time you have to file a claim after an injury accident, so call today.
