FREQUENTLY ASKED QUESTIONS

First, move to safety if you can — the shoulder of a busy road is dangerous. Call 911 even if injuries seem minor — you need a police report. Check on all parties involved. While waiting for police, take photos of everything: vehicle damage, the scene, skid marks, traffic signals, and road conditions. Exchange insurance and contact information with the other driver. Get names and numbers of any witnesses. Do not apologize or admit fault — even saying "I'm sorry" can be used against you later. Seek medical attention the same day, even if you feel fine — adrenaline masks injuries and symptoms often worsen over the following 24-72 hours. Do not give a recorded statement to any insurance company before speaking with an attorney. For our complete step-by-step guide, see our accident checklist.

Yes, always. Arizona law requires you to report accidents involving injuries, death, or property damage over $2,000. But even for minor fender-benders, a police report creates an official record of the accident that documents who was involved, what happened, and any citations issued. Without a police report, your claim becomes "he said, she said." The officer's narrative and any traffic citations are powerful evidence of negligence. For more on how police reports affect your case, see our guide to Arizona accident reports.

Yes. Many serious injuries — including whiplash, concussions, and internal injuries — don't show symptoms immediately. Adrenaline masks pain, and soft tissue injuries often worsen over 24-72 hours. Getting examined the same day creates a medical record linking your injuries to the accident. If you wait days or weeks, the insurance company will argue your injuries aren't related to the crash or aren't serious. For guidance on whether to choose the ER or urgent care, see our ER vs. urgent care guide.

No — not without an attorney. The other driver's insurance adjuster will call you quickly, sound friendly, and ask to record the conversation. Everything they do is designed to minimize what they pay you. They'll try to get you to minimize your injuries, admit partial fault, or accept a quick lowball settlement. You are not legally required to give them a recorded statement. Give them only your name and contact information, then say "I've retained an attorney who will be in contact with you." For the full breakdown of insurance adjuster tactics, read our guide on what to know before talking to insurance.

Phoenix has approximately 20,000 hit-and-run incidents per year — nearly half of all traffic accidents. If the other driver fled: don't chase them, try to note any details about the vehicle (color, make, model, partial plate), call 911, look for witnesses and security cameras, and document the scene. Even if the driver is never found, you may still recover compensation through your own uninsured motorist (UM) coverage. This is exactly the scenario UM coverage exists for. Contact an attorney immediately — the Law Badgers handle hit-and-run cases regularly.

Absolutely not. Insurance companies and defense attorneys routinely monitor claimants' social media profiles. A photo of you smiling at dinner becomes "evidence" you're not in pain. A check-in at a gym becomes proof you're not physically limited. Even innocent posts get twisted out of context. Set all profiles to private, don't accept new friend requests from people you don't know, don't post anything about the accident or your injuries, and don't delete old posts (that can be considered destruction of evidence). For more details, read our guide on social media after an accident.

For minor fender-benders with no injuries, you can probably handle the claim yourself. But if you have any injuries — even ones that seem minor at first — you should consult an attorney. Studies consistently show that accident victims represented by attorneys recover significantly more money, even after the attorney's fee, than those who negotiate directly with insurance companies. Insurance adjusters are trained professionals whose job is to pay you as little as possible. An attorney levels the playing field. For a detailed breakdown, see why you need an attorney after a car accident.

As soon as possible after the accident. Evidence disappears — skid marks fade, surveillance footage gets overwritten, witnesses forget details. The insurance company starts building their defense immediately, and you should have someone protecting your interests just as quickly. You definitely need an attorney if you have injuries requiring medical treatment, the other driver's insurance is disputing fault, there are multiple vehicles or parties involved, a commercial vehicle or truck is involved, the accident resulted in a fatality, or the insurance company has made a lowball offer. See our full guide on when to hire a car accident lawyer.

Ask: How many cases like mine have you handled? Will you personally handle my case or pass it to an associate or paralegal? Have you taken cases to trial, or do you always settle? What is your fee structure? How will you communicate with me and how often? Can you provide references? Be wary of firms that guarantee specific dollar amounts, pressure you to sign immediately, or won't clearly answer who will actually work on your case. At Law Badgers, a named partner — Sean Woods or Bob Mills — works on every case personally. For more, see our guide on what to ask when hiring a lawyer.

Several things. First, we're trial lawyers — our attorneys have argued cases before the United States Court of Appeals for the Ninth Circuit and are admitted to practice before the U.S. Supreme Court. Insurance companies know we will go to trial if they don't offer fair value. Second, we built a proprietary crash data analysis covering 379,000+ Phoenix traffic accidents from federal and local sources — data no other firm has. We use this to strengthen every case. Third, when you hire us, a named partner (Sean Woods or Bob Mills) works on your case personally — you're not handed off to a paralegal. Fourth, we were featured in PHOENIX magazine's "Star Attorneys" profile. And fifth, we don't charge a dime unless we win.

Nothing out of pocket. We work on a contingency fee basis — you pay nothing upfront, and we only get paid if we recover money for you. If we don't win your case, you owe us nothing. Our fee is a percentage of the recovery, typically one-third. The consultation is free, the case evaluation is free, and there is zero financial risk to you.

Yes, 100% free with no obligation. We'll review the details of your accident, explain your legal options, and give you an honest assessment of your case — even if that means telling you that you don't need a lawyer. There's no pressure to sign anything. We offer flexible consultation hours including evenings and weekends, and we can meet in person at our Phoenix office, by phone, or by video call. Call (833) DTF-IGHT anytime.

You still get treatment. Many medical providers will treat you on a medical lien (letter of protection) — they provide treatment now and get paid from your settlement later. Your MedPay coverage (if you have it on your auto policy) can also cover medical bills regardless of fault, with no deductible. And if you have health insurance, you should use it — your health insurer's negotiated rates are usually lower than what a lien provider charges. The Law Badgers coordinate all of this so you get the treatment you need without paying out of pocket.

There's no formula — and anyone who gives you a specific number without reviewing your case is guessing. Case value depends on the severity and permanence of your injuries, total medical bills (past and future), lost wages and reduced earning capacity, the impact on your daily life and relationships, whether liability is clear or disputed, the available insurance coverage, and whether the defendant's conduct warrants punitive damages. Online settlement calculators are worthless — they exist to collect your contact information, not to evaluate your case. For an honest assessment, call us for a free consultation. See our full breakdown of what to realistically expect from a settlement.

Arizona allows recovery of both economic and non-economic damages. Economic damages include past and future medical expenses, lost wages and lost earning capacity, vehicle diminished value, and out-of-pocket costs. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, scarring and disfigurement, and loss of consortium. In cases involving egregious conduct like drunk driving, Arizona courts may also award punitive damages. Importantly, Arizona does not cap non-economic damages — there is no artificial ceiling on what a jury can award. For the complete breakdown, see what damages you can recover.

Almost certainly not. The first offer from an insurance company is designed to be the lowest amount they think you'll accept. It typically covers only a portion of your medical bills with little or nothing for pain and suffering, future treatment, or lost wages. They make the offer quickly — before you know the full extent of your injuries — hoping you're stressed enough to take it. Once you sign, you can never go back for more. You should not settle until you've reached maximum medical improvement (MMI) and know the complete picture of your damages.

Uninsured/Underinsured Motorist coverage (UM/UIM) is coverage on your own auto policy that protects you when the at-fault driver has no insurance or insufficient insurance. An estimated 12% of Arizona drivers are uninsured, and many others carry only the $25,000 state minimum — which won't cover a single surgery. UIM fills the gap. It also covers hit-and-run accidents where the other driver is never identified. We recommend at least $100,000/$300,000 in UIM coverage. The cost difference is usually just a few dollars per month. This is the single most important coverage on your auto policy. For the full explanation, see our UIM guide.

Medical Payments coverage (MedPay) pays your medical bills after an accident regardless of who was at fault. It has no deductible, no copay, no network restrictions, and in Arizona it typically has no subrogation right — meaning the MedPay insurer usually cannot demand reimbursement from your settlement. This makes MedPay essentially free money. We recommend at least $5,000 in MedPay coverage. The cost is usually under $50 per year.

You can sue the uninsured driver, but most uninsured drivers have no assets to collect against. Your best path to recovery is your own UM coverage. This is exactly the scenario UM coverage exists for. If you don't have UM coverage, your options are limited — which is why we urge every Arizona driver to carry it. You may also have MedPay that covers your medical bills. For more on this problem, see our article on Arizona's uninsured motorist problem.

If the accident was not your fault, filing a claim against the other driver's insurance should not affect your rates. If you file a claim on your own collision coverage or UIM, it depends on your insurer — some increase rates for any claim, others don't for not-at-fault claims. Regardless, the financial recovery from a legitimate injury claim almost always far outweighs any potential rate increase. Don't let fear of a rate increase stop you from pursuing compensation you're legally entitled to.

If the other driver was at fault, their liability insurance covers your loss of use — either a rental car or the equivalent daily value. You're entitled to a comparable vehicle (same size and type as yours) for the duration of repairs, or for a reasonable period after a total loss payout. The insurance company will try to limit this — offering the cheapest rental category or setting arbitrary time limits. Don't accept less than you're owed.

Most cases settle within 6 to 18 months, but it depends on the severity of your injuries (you should reach maximum medical improvement before settling), the complexity of liability, available insurance coverage, and whether litigation is necessary. Simple cases with clear liability and straightforward injuries can resolve in a few months. Complex cases involving surgery, disputed fault, or multiple parties can take two years or more. For the full timeline breakdown, see how long does a case take.

Arizona's statute of limitations for most personal injury cases is two years from the date of the accident. For wrongful death, it's two years from the date of death. For claims against government entities (city, county, state, ADOT), you must file a notice of claim within 180 days — not two years. Missing any of these deadlines permanently destroys your right to sue. Don't wait — contact an attorney as soon as possible.

The typical process: (1) Free consultation — we evaluate your case and explain your options. (2) Medical treatment — you focus on recovering while we handle the legal side. We coordinate with your doctors and may arrange treatment on a medical lien if needed. (3) Investigation — we gather police reports, medical records, witness statements, and other evidence. (4) Demand letter — once you reach maximum medical improvement, we send a formal demand to the insurance company. (5) Negotiation — we negotiate for fair value. (6) Litigation — if the insurance company won't pay fair value, we file a lawsuit. (7) Mediation — most cases settle during litigation through mediation. (8) Trial — if mediation fails, we take the case to a jury.

Yes. Arizona follows a pure comparative fault system under A.R.S. § 12-2505. Your compensation is reduced by your percentage of fault but never eliminated. If you're 20% at fault on a $200,000 case, you recover $160,000. Even if you're 80% at fault, you can still recover 20%. This makes Arizona one of the most plaintiff-friendly states in the country. The insurance company will try to maximize your share of fault to reduce what they pay — an experienced attorney fights back on fault allocation.

No. Arizona is a fault-based (tort) state. The person who caused the accident is financially responsible for the damages. You can pursue compensation directly from the at-fault driver and their insurance company for all of your losses, including pain and suffering. This is actually better for accident victims than no-fault states, which restrict your ability to sue and limit what you can recover.

No. Unlike some states, Arizona does not cap non-economic damages (pain and suffering, emotional distress, etc.) in personal injury cases. There is no artificial ceiling on what a jury can award. However, claims against government entities are subject to a statutory cap (currently around $872,972 per claimant, adjusted periodically). For private defendants, there is no limit.

A pre-existing condition does not disqualify you from recovering damages. Arizona follows the "eggshell skull" doctrine — the defendant takes you as they find you. If you had a manageable back condition that the accident turned into a condition requiring surgery, the at-fault driver is responsible for that surgery. The key is proving the accident aggravated your pre-existing condition. Be honest about your medical history — hiding it destroys your credibility, and the insurance company will find your prior records.

Yes. Arizona's hands-free law (A.R.S. § 28-914) prohibits holding a wireless device while driving, including for calls, texting, and any other use. If the other driver was holding their phone at the time of your crash, they were violating the law — which establishes negligence per se. Cell phone records can be subpoenaed to prove the violation.

Maximum medical improvement is the point where your condition has stabilized and you've recovered as much as you're going to. It doesn't mean you're fully healed — it means you've reached a plateau. You should not settle your case before reaching MMI because until then, you don't know the full extent of your damages. Settling too early means leaving money on the table, and once you sign a release, you can never come back for more.

Chiropractic care can be appropriate for whiplash and other soft tissue injuries, but it should be part of a broader treatment plan. Start with your primary care physician or ER visit first to create the initial medical record. If your doctor recommends chiropractic care, follow through consistently. Make sure the chiropractor documents your symptoms and progress at every visit. If you're not improving after several months, discuss escalation with your doctor. For more, see our guide on chiropractic treatment after an accident.

Subrogation is your health insurance company's right to be repaid from your settlement for the medical bills they covered. If your health insurer paid $30,000 for your accident-related treatment, they may demand that $30,000 back from your settlement. The critical thing to know: subrogation liens are negotiable. Your attorney can often reduce the amount significantly. This negotiation directly affects your bottom line and is one of the key reasons having an attorney consistently produces better net outcomes.

Most personal injury cases settle before trial — but having a firm that actually tries cases is what makes the insurance company offer fair value. If your case goes to trial in Maricopa County Superior Court, the process includes jury selection, opening statements, presentation of evidence (your testimony, medical records, expert witnesses), the defense's case, closing arguments, and a jury verdict. The trial typically lasts 3-5 days for a standard PI case. For the full breakdown, see what happens at trial.

A deposition is sworn testimony taken outside of court where the defense attorney asks you questions under oath. It's recorded by a court reporter and has the same legal weight as courtroom testimony. The defense attorney will ask about your background, the accident, your medical treatment, and how your injuries affect your daily life. The Law Badgers prepare every client thoroughly for depositions — we review likely questions, practice answers, and teach you how to handle common traps.

An IME is a medical examination requested by the defense — and despite the name "independent," the doctor is hired and paid by the insurance company. Their report almost always minimizes your injuries. If your case is in litigation, you're required to attend. But you have rights: you can bring an observer, you can record the examination, and you should document everything about the visit. The Law Badgers prepare every client for IMEs and know how to counter these biased reports.

A drunk driving crash gives you multiple avenues for recovery. The DUI violation establishes negligence per se, and because drunk driving is a conscious choice, Arizona courts allow punitive damages — additional compensation designed to punish the wrongdoer. You may also have a dram shop claim against the bar or restaurant that overserved the driver, which accesses the establishment's commercial insurance — often much larger than an individual's policy. The criminal case against the driver is separate from your civil claim. You don't have to wait for the criminal case to resolve. See our guide on DUI crashes and your rights.

Almost always, but not 100% of the time. Arizona law requires drivers to maintain a safe following distance, so the driver who rear-ends another vehicle is presumed at fault. However, the insurance company may argue comparative fault if your brake lights were out, you stopped suddenly without reason, or you cut in front of them immediately before the collision. Even so, the following driver usually bears majority fault. Don't let anyone tell you rear-end collisions are "minor" — whiplash and back injuries from rear-end crashes can cause chronic pain and long-term disability. See our full guide on rear-end collision fault.

Truck accidents involve more severe injuries (80,000 lbs vs 3,500 lbs), more liable parties (the driver, the trucking company, the cargo loader, the maintenance company, and the manufacturer), and federal regulations (FMCSA hours of service, maintenance requirements, ELD records). Evidence preservation is critical — trucking companies may begin destroying records quickly after a crash. Black box data, driver logs, and dispatch records must be secured through a spoliation letter. The Law Badgers move fast on truck accident cases — call us as soon as possible.

Arizona has one of the strongest dog bite laws in the country. Under A.R.S. § 11-1025, the dog's owner is strictly liable — meaning you don't have to prove the owner was negligent or knew the dog was dangerous. If a dog bites you while you're in a public place or lawfully on private property, the owner is liable. Period. It doesn't matter if the dog has never bitten anyone before. The main defense is provocation. Damages include medical bills, surgery for scarring, pain and suffering, and emotional distress. See our dog bite practice area for more.

If someone's negligence or wrongful actions caused the death of your loved one, Arizona law allows surviving family members to file a wrongful death claim. Eligible claimants include the surviving spouse, children, parents, or the personal representative of the estate. Damages include funeral and burial expenses, lost income the deceased would have earned, loss of companionship and consortium, pain and suffering of the surviving family, and in cases of egregious conduct (like drunk driving), punitive damages. The statute of limitations is two years from the date of death. The Law Badgers have recovered $1,050,000 in a wrongful death case.

Our office is in Phoenix, but we represent accident victims across all of Arizona — including Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, Goodyear, Buckeye, Tucson, and everywhere in between. We handle cases in every Arizona court and have the resources to litigate effectively statewide.

Yes. Hablamos español. We provide full legal services in Spanish and ensure that language is never a barrier to getting the representation you deserve. Call (833) DTF-IGHT to speak with a team member in Spanish.

We handle car accidents, motorcycle accidents, truck accidents, pedestrian accidents, wrongful death, dog bites, slip and fall accidents, rideshare accidents, e-scooter accidents, bicycle accidents, nursing home abuse, product liability, workers' compensation, insurance bad faith, civil rights violations, and other personal injury matters throughout Arizona.

Call (833) DTF-IGHT — that's (833) 383-4448 — anytime, 24/7. You can also submit your case online through our website or email us at info@lawbadgers.com. Our office is at 5055 N. 12th St., Suite 100, Phoenix, AZ 85014. We offer in-person, phone, and video consultations with flexible hours including evenings and weekends.