Can I Sue If I Was a Passenger in an Arizona Car Accident?

Passengers injured in Arizona car accidents generally have the right to seek compensation for their injuries. They can pursue a claim for financial relief from any at-fault party, whether it was the driver of the car they were in or another third-party driver. 

At Mushkatel, Gobbato, & Kile, P.L.L.C., our car accident attorneys can identify the proper auto insurance claims for a passenger injured in a car accident and oversee every step of the process that goes into seeking compensation.

Is Arizona an At-Fault State?

Arizona operates under an at-fault insurance system for motor vehicle accidents. In at-fault states like Arizona, the driver responsible for causing the accident is liable for the resulting damages, meaning their mandatory liability auto insurance should cover injuries suffered by others, including passengers.

For passengers, Arizona’s at-fault system is generally advantageous. Since you didn’t cause the accident, you can pursue claims against the at-fault driver’s insurance, potentially accessing higher coverage limits and more complete compensation.

Arizona also recognizes comparative negligence, meaning if multiple parties contributed to causing an accident, liability can be apportioned among them, allowing you to recover compensation from all negligent parties.

Who Can Be Held Responsible for the Car Crash?

Multiple parties may share liability for a car crash. Possible responsible parties are:

• Driver of the vehicle you rode in
• The driver of another vehicle is involved
• A vehicle owner who negligently entrusted their car to an incompetent driver
• Employer, if the at-fault driver was working at the time of the crash
• Government entities are responsible for dangerous road conditions
• Manufacturers of any vehicle defect(s) that contributed to the accident.

As our detailed guide on how fault is determined in Arizona car accidents explains, establishing liability requires examining evidence such as:

• Police reports
• Witness statements
• Traffic camera footage
• Accident reconstruction analysis.

Driver’s negligence can include acts such as:

• Speeding
• Distracted driving
• Driving under the influence of alcohol or drugs
• Failure to yield
• Tailgating.

What Steps Should You Take After an Arizona Passenger Accident?

As a passenger injured in a car accident, you should do the following after you have been involved in a car crash in Arizona:

• Seek medical attention immediately. Medical records document the connection between the accident and your injuries, which is essential for your personal injury claim.
• Always report the accident to the police and file an official report.
• Ensure you preserve all evidence, including medical records, medical bills, photos from the accident scene, and documentation of missed work.
• Finally, consult with a car accident attorney before speaking in-depth with insurance companies, giving recorded statements, or accepting any settlement offers.

Our lawyers at Mushkatel, Gobbato, & Kile, P.L.L.C., will protect you from insurance tactics that are aimed at reducing your compensation.

What If the Driver is My Friend or a Family Member?

When you file a claim for passenger injuries, you’re not personally suing your friend or family member. Instead, you’re filing a claim against their auto insurance policy. Drivers carry liability insurance for this reason. They want to protect themselves and others in the event of an accident.

Using insurance doesn’t make you ungrateful. It allows you to access the financial resources you need to recover from injuries that were not your fault. Most reasonable people understand this distinction and don’t hold it against passengers who file legitimate claims. Unless your friend was grossly negligent or intentionally caused the accident, they generally face no personal financial liability beyond the deductible on their policy.

A car accident attorney can help protect personal relationships. The attorney can handle all communications with the insurance company, ensuring the focus remains on fair compensation rather than personal feelings.

What Are Common Challenges Injured Passengers May Face?

When you file an auto insurance claim and/or personal injury lawsuit after a crash, the insurance companies may dispute the severity of your injuries, dispute whether medical treatment you received was related or necessary, or argue that pre-existing conditions account for your symptoms. When multiple parties may share fault, insurance companies sometimes engage in finger-pointing, each trying to shift blame to minimize their payout obligations.

Coverage disputes can arise when the other driver’s insurance company claims certain damages aren’t covered or that the insurance policy limits have been exceeded. If the at-fault driver lacks adequate liability coverage, you may need to pursue underinsured motorist coverage. Passengers sometimes struggle with proving non-economic damages like pain and suffering, particularly for soft tissue injuries that don’t show up on imaging.

These are all obstacles that an experienced personal injury attorney at Mushkatel, Gobbato, & Kile, P.L.L.C., can help you address.

What Compensation Could I Receive for My Injuries?

Passengers injured in car accidents can recover two categories of damages:

• Economic damages compensate for quantifiable financial losses, including medical expenses, lost wages, loss of earning capacity if injuries prevent you from returning to your previous employment, property damage to personal belongings, and transportation costs for medical appointments.
• Non-economic damages compensate for intangible losses, including pain and suffering, emotional distress, loss of enjoyment of life, scarring and disfigurement, and loss of consortium if injuries impact your relationship with your spouse.

Arizona doesn’t cap non-economic damages in most car accident cases, allowing juries to award amounts they deem appropriate based on the severity and permanence of your injuries.

Is There a Time Limit for Filing a Passenger Injury Lawsuit in Arizona?

Arizona’s statute of limitations for most passenger injury car accident lawsuits is two years from the date of the accident. Missing this deadline typically means losing your right to seek compensation entirely.

The statute may be tolled if you were a minor at the time of the accident or were mentally incapacitated. If the accident involved government employees or vehicles, special notice requirements apply with much shorter deadlines — sometimes as brief as 180 days.

As our comprehensive guide on how long you have to file a car accident claim in Arizona explains, waiting until the last minute creates unnecessary risks. The sooner you consult with our car accident attorneys after your accident and begin the legal process in your passenger injury claim, the better.

Contact an Experienced Car Accident Lawyer as Soon as Possible

If you were injured as a passenger in a car accident in Sun City, Scottsdale, Surprise, or anywhere in Arizona, Mushkatel, Gobbato, & Kile, P.L.L.C., is here to help you pursue the compensation you deserve. With over 50 years of combined experience in personal injury law, our personal injury attorneys understand the unique challenges passengers face and know how to overcome them.

With the personalized attention of a small firm and the resources of a larger practice, we’re here to guide you through every step of the claims process. Don’t let concerns about relationships or uncertainty about your rights prevent you from seeking the compensation you need to recover fully. 

Our past clients consistently praise our compassionate approach, clear communication, and commitment to achieving favorable outcomes. Contact us today to learn more about our legal team and services.