Short answer: Call police and get a report number. Photograph everything before vehicles move. Get medical attention the same day even if you feel fine. Do not give the other driver’s insurer a recorded statement. Report to your own insurer. Then get the claim reviewed before you accept anything.

The first 48 hours decide most of it

Being clearly not at fault does not make the claim straightforward. The other driver’s insurer still has an interest in paying less, and the evidence that proves fault disappears quickly — vehicles get repaired, roadside debris is swept, and CCTV is typically overwritten on about a 30-day cycle.

Step by step

1. Call the police. Get the report number before you leave. An independent record of the scene matters more than anything you can reconstruct later.
2. Photograph before anything moves — final vehicle positions, damage on both cars, skid marks, signals, signage, weather, and the other driver’s plate, licence and insurance card.
3. Get names and numbers of witnesses. They leave, and they are rarely traceable afterwards.
4. Get checked the same day. Adrenaline masks injury; back, neck and head symptoms often surface days later. A treatment gap gets argued as proof you were not hurt.
5. Notify your own insurer. Your policy requires it, and your uninsured/underinsured coverage may matter if the other driver is under-covered.
6. Decline a recorded statement to the other insurer. You are not obliged to give one. See what not to say.

Why "not my fault" is not the end of it

Arizona uses pure comparative negligence — fault can be apportioned, and insurers routinely try to assign you a share to reduce what they pay. A clear-looking rear-end collision can still be argued down. Being right and being paid are different problems.

Deadlines

Generally two years from the crash; only 180 days to notify a government entity. See how long you have to sue.

Questions people ask

Do I have to talk to the other driver’s insurance company?

No. You are not obliged to give the other party’s insurer a recorded statement. You do generally have a duty to cooperate with your own insurer — a different obligation.

Should I accept the first offer if I clearly was not at fault?

Rarely, and never before your medical picture is stable. An early offer is made before anyone knows what the injury will cost, and accepting releases the claim permanently.

What if the police did not come out?

Claims proceed without a report, but it is harder. Photograph everything, get witness details, and report to your insurer promptly.

What if the other driver was uninsured?

Your own uninsured motorist coverage becomes the primary route. See uninsured and hit-and-run claims.

Free case review

Jack Hirsch is board-certified by the State Bar of Arizona in Injury and Wrongful Death Litigation. No fee unless you recover — 25% settled without litigation, 30% in litigation, plus costs. 602-535-1900.