Skip to content Two things decide most Tempe car accident claims, and neither is the police report. The first is how much fault an adjuster can shift onto you. The second is whether enough insurance coverage exists to pay what your injuries are actually worth. A Tempe car accident lawyer works both problems at once, because winning one and losing the other still leaves you short.
No, and Arizona says so by statute. Under A.R.S. § 28-1599, an admission of the allegations in a civil traffic complaint, or a judgment on that complaint, is not evidence of negligence in a civil proceeding.
This cuts in both directions, and both matter. If you paid a citation after your crash to make it go away, that payment is not an admission the other side can use against you in your injury claim. And if the other driver was cited and paid, that alone does not establish their liability either; their negligence still has to be proven with the underlying facts.
People frequently assume the ticket settles the question. It does not, and a claim should never be abandoned on that basis.
Only on damages, and only if they prove it caused the injury. Arizona is stricter here than most people assume. The Arizona Supreme Court in Law v. Superior Court permitted a jury to consider seat belt non-use, but only where the injured person was of an age and discretion that non-use could be viewed as fault, the non-use was unreasonable under the circumstances, and the non-use actually caused or enhanced the injuries.
The distinction that matters: non-use goes to the extent of the injuries, not to who caused the crash. Arizona’s civil jury instructions reflect that seat belt non-use should not factor into the liability question unless it is alleged and proved to have been a proximate cause of the collision itself which it almost never is.
There is a further wrinkle for children. Under A.R.S. § 28-907, evidence of a child restraint violation is generally not admissible in a judicial proceeding at all, except in a proceeding for that violation. So the analysis for an unrestrained child passenger is not the same as for an adult driver.
Practically, this means the burden sits with the defense to bring medical and biomechanical evidence showing a belt would have changed the outcome. An adjuster asserting a reduction because you were unbelted has asserted, not established, anything.
Frequently not, which is why coverage investigation matters more than liability. A.R.S. § 28-4009 sets Arizona’s minimum liability limits at $25,000 per person and $50,000 per accident for bodily injury, plus $15,000 for property damage. A single surgery with a short hospital stay can exhaust the per-person minimum before lost wages are discussed.
The work then becomes finding additional layers:
Your own underinsured motorist coverage, which pays the gap between the at-fault driver’s limits and your damages
Uninsured motorist coverage, which becomes primary if the driver had no policy or left the scene
A commercial policy behind a delivery or freight vehicle, often with limits far above the state minimum
Tiered rideshare coverage in an Uber or Lyft collision, which shifts with the driver’s app status
Dram shop coverage where a licensee over-served a driver in a DUI crash
Arizona insurers must offer uninsured and underinsured motorist coverage under A.R.S. § 20-259.01, but buying it is optional so check your declarations page rather than assuming. A car accident lawyer in Tempe AZ will pull every policy in reach before valuing the claim.
Liens and subrogation, which come out of the settlement, not the insurer’s pocket. A provider lien recorded under A.R.S. § 33-931 and any health plan’s reimbursement right are satisfied from the gross recovery. The number on the settlement sheet and the number you keep are different figures, and negotiating those claims down is part of the work rather than an afterthought.
Fault reduces the rest. Arizona applies pure comparative fault under A.R.S. § 12-2505, with no percentage cutoff, so an award drops by exactly your assigned share see Arizona comparative negligence laws. Separately, if your vehicle was repairable but is now worth less than it was, a diminished value claim may be available on the property damage side.
Three agencies split the city, and each keeps separate records. Tempe surface streets Rural Road, University Drive, Mill Avenue, McClintock, Baseline, Priest are generally investigated by the Tempe Police Department. Freeway collisions on I-10, US 60, the Loop 101 Price Freeway, and the Loop 202 are typically worked by the Arizona Department of Public Safety. Streets inside the ASU Tempe campus are often handled by ASU Police, which maintains its own records.
A request sent to the wrong agency returns nothing. That matters on a deadline, because a report is a practical prerequisite for most insurers to process a claim.
A report is not always generated, either. A.R.S. § 28-667 requires an investigating officer to complete a written report where the crash involved bodily injury, death, property damage exceeding $2,000, or a citation. That damage threshold is easily cleared by a modern bumper assembly, so assuming a minor collision falls below it is usually a mistake.
Generally two years under A.R.S. § 12-542, running from the date of injury or, in a wrongful death action, the date of death. Claims for injured minors are generally tolled until age eighteen under A.R.S. § 12-502.
One exception moves much faster. If the City of Tempe, Valley Metro, ASU, or any public employee may share responsibility for a city vehicle, a signal timing defect, a light rail incident a formal notice of claim generally must be served within 180 days under A.R.S. § 12-821.01, followed by a one-year filing deadline. Negotiations toll none of it. More detail: the statute of limitations in Arizona.
Jason A. Harris practices in both personal injury and workers’ compensation, which matters when a crash happens during work travel and the two claims run on separate tracks with different deadlines and lienholders. He has been recognized by The National Trial Lawyers as one of its Top 100 in Arizona. Clients speak with their attorney directly rather than only with a case manager, and the firm is reachable outside standard business hours.
Nothing upfront. Cases are handled on a contingency fee, meaning attorney fees are a percentage of any recovery obtained; if there is no recovery, you owe no attorney fee. Case costs records, filing fees, accident reconstruction are separate and set out in writing before you sign. Consultations are free. Full breakdown: what a personal injury lawyer costs in Arizona.
How much is my car accident claim worth in Tempe? No one can quote a figure responsibly before treatment concludes. Value is built from documented medical expenses, lost income and reduced earning capacity, pain and suffering, and property damage then reduced by your share of fault and by any liens. The practical ceiling is often the available insurance coverage rather than the value of the injuries, which is why locating every policy layer matters as much as proving fault.
Do I need a lawyer for a minor accident in Tempe? Often not. A low-speed collision with clear fault, no injuries, and modest damage is usually something you can resolve with the carriers directly. It changes if anyone was hospitalized, fault is disputed, more than two vehicles were involved, the other driver was uninsured or fled, symptoms are worsening, or a public entity may be responsible which puts the 180-day notice deadline in play immediately.
Which court will my Tempe case be filed in? Claims up to $3,500 proceed as small claims and suits up to $10,000 go to justice court, where Tempe is split between University Lakes Justice Court, covering central Tempe and the ASU area, and Kyrene Justice Court, covering west Tempe. Anything above $10,000 is filed in Maricopa County Superior Court in downtown Phoenix.
How do I get my Tempe accident report? From whichever agency responded Tempe PD for city streets, DPS for the freeways, ASU Police for campus streets. Reports commonly take a few days to two weeks. Read yours closely; a reversed direction of travel or an omitted witness is far easier to correct in week one than in month six.
How long does a car accident settlement take in Arizona? A clear-liability claim with completed treatment can resolve in a few months. Disputed liability, surgery, multiple defendants, or a public entity commonly pushes it past a year. The largest variable is your own treatment, because settling before your condition stabilizes means guessing at care you have not received and that guess is permanent once you sign a release.
Do I have to give the other driver’s insurance a recorded statement? Generally no. You typically owe cooperation to your own insurer under your policy; you do not owe the opposing carrier a recorded statement, and you can decline pending advice. See what not to say to an insurance adjuster.
Fault arguments and coverage gaps both get harder to fix with time. If a public entity may be involved, the 180-day clock started the day of the crash.
Harris Injury Law 1136 E Campbell Ave, Phoenix, AZ 85014 (480) 800-HURT
Serving Tempe and all of Arizona. Request a free consultation, or read more about our Tempe personal injury practice. Every case is different and depends on its own facts; no outcome can be promised or predicted.
This page provides general information about Arizona law and is not legal advice. Reading it does not create an attorney-client relationship. Arizona law changes, and outcomes depend on the specific facts of a claim. Consult a licensed Arizona attorney about your situation.
Reviewed by Jason A. Harris, Harris Injury Law.
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“After my crash on McClintock Dr. in Tempe, I didn’t know where to turn. Jason and his team supported me through the process and helped resolve my case favorably.”
- Tempe resident
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“The negligent driver hit me while I was stopped at the light near Arizona State University. Harris Injury Law took over quickly and I finally felt someone was on my side.”
- Car accident victim, Tempe
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“I had severe injuries, medical bills kept piling up, and the other driver’s insurer was low-balling me. Jason negotiated firmly and kept me in the loop the entire time.”
- Personal injury claim client
These stories reflect how our legal team supports Tempe car accident victims through every phase, from medical attention and documentation to negotiation with the insurance provider and, if needed, litigation in Arizona courts.
Located at 1136 E Campbell Ave, Phoenix, AZ 85014. Harris Injury Law, PLLC specializes in auto and truck accidents and workers’ compensation. Speak directly with your lawyer from the beginning. Same-day and emergency consultations are available. You never pay out of pocket. Call us at any time – 24/7.
