Short answer: Usually you are not suing a person — you are claiming against an insurance policy, and most Arizona car accident claims settle without a lawsuit. Filing suit becomes worthwhile when fault is disputed, the offer does not cover your treatment, or the insurer stalls past the point of good faith.

You are claiming against a policy, not a person

People hesitate because suing feels personal. In practice the at-fault driver’s insurer defends and pays the claim up to the policy limits. The driver is rarely writing a cheque themselves, and most claims never reach a courtroom at all.

When it is worth pursuing

• You needed genuine medical treatment
• Fault is being disputed or shifted onto you
• The offer does not cover your bills, let alone lost income
• Symptoms have not resolved — especially back, neck or head
• There is meaningful coverage available
• You are being pushed to give a recorded statement or sign quickly

When it usually is not

• Property damage only, no injury — see property damage claims
• The policy is genuinely exhausted and no other coverage applies
• The deadline has passed

What it costs to ask

Nothing. Arizona car accident lawyers work on contingency. Hirsch & Lyon charges 25% on cases settled without litigation and 30% in litigation, plus costs. See how the fee works.

The mistake that actually costs money

Not suing and losing. Settling early. A release signed before the medical picture is clear ends the claim — and back and neck injuries routinely take weeks to declare themselves.

Questions people ask

Will I have to go to court?

Most likely not. The majority of claims settle, and most filed lawsuits resolve before trial.

Can I still claim if I was partly at fault?

Yes. Arizona uses pure comparative negligence — your recovery is reduced by your percentage of fault, not eliminated.

What if the insurer already made an offer?

You can have it reviewed at no cost. An early offer is a starting position, and it is usually made before anyone knows what the injury will cost.

How long do I have?

Generally two years from the crash under A.R.S. § 12-542; only 180 days for a notice of claim against a government entity. Deadlines vary by facts — confirm yours.

Ask before the clock decides

Free review, no obligation: 602-535-1900.