Car accidents can be devastating, perhaps even more so when those accidents are the result of another’s negligent behavior. Filing the claim with the at-fault driver’s insurance can seem daunting, and finding a qualified repair shop can leave you drained. Fortunately, an experienced car accident attorney can help you file a property damage claim for your car accident in Arizona.
Simple claims where fault is obvious, the damage is minimal, and no one was hurt may not require legal help. However, complex claims can benefit from the knowledge of an Arizona car accident lawyer.
What Is a Property Damage Claim After a Car Accident?
There are two primary types of car accidents that require claim processes. Car insurance agencies differentiate between these types of accidents and offer claim protection for both.
The two types are:
- Property Damage Claims – Property damage claims involve situations where personal property needs to be repaired or replaced. When property damage is the only claim, these claims are often handled quickly, as the value of damaged items is straightforward compared to that of personal injury claims.
- Personal/Bodily Injury Claims – When drivers or passengers are injured, claims become more complicated and can take much longer to settle, depending on the extent of medical care required. Personal injury claims related to car accidents often include medical costs, lost wages, and compensation for pain and suffering.
Fortunately, according to the Arizona Department of Transportation, in 2023, Arizona experienced 122,247 vehicle crashes. Of those crashes, 37,075 caused injuries, but 83,975 only caused property damage. That means crashes involving only property damage accounted for 68.69% of all crashes in 2023. In other words, if you are involved in a car accident, it is more likely than not that your accident will involve property damage.
Property damage claim settlements cover the cost to repair the affected vehicle, but may also include the cost to replace any other personal property damaged. For example, if items such as personal electronics, glasses, or a car seat are damaged during the crash, you can include them when filing your claim. In addition, if the crash involved public or private property, the cost to replace damaged items can be included in the insurance claim. For instance, if someone hits your mailbox or your fence, that would be considered a property damage claim.
Arizona is considered an at-fault state for car accidents. Fault determinations are typically made by insurance companies, but may also be weighed by the Arizona civil court if a property damage claim is filed in court. They will consider evidentiary information submitted by both parties, as well as the police report, to determine who was at fault. The at-fault party is then responsible for covering the repair or replacement costs of the victim, known as the victim’s “damages.”
It is important to note that Arizona’s fault determinations follow a “pure comparative negligence” system. That means both parties can claim and recover damages in an accident even if the court determines they are at fault. Damages are reduced by each party’s determined percentage of fault. For example, if one driver is 30% at fault for an accident, they may be able to recover up to 70% of the value of their damages as determined by the Arizona civil court.
What to Do After a Car Accident in Arizona
After a car accident, you should always prioritize your safety and your passengers’ safety before taking any other steps.
If possible, stay out of the throughway and do not put yourself in danger attempting to collect evidence.
Seek medical help if necessary.
Responding law enforcement will clear the scene once they feel satisfied with the investigation. When they do, you should seek a medical evaluation to check for injuries that appear after the adrenaline of the accident has worn off and for any internal injuries that may be present. This evaluation can be important in any future claim.
Always remain at the scene after the accident.
In Arizona, under Arizona Revised Statutes (Ariz. Rev. Stat. § 28-662, 2025), leaving the scene is a class 1 misdemeanor.
Once you are safe, there are some steps you can take that could make a future claim run more smoothly, including:
- Notifying law enforcement
- Taking photos or video of the damage to both vehicles
- Taking note of any road or weather conditions that may have influenced the accident
- Collecting contact information from any witnesses at the scene
Exchange insurance information.
Arizona law (Ariz. Rev. Stat. § 28-663, 2025) also requires that both drivers exchange information after an accident that causes property damage, injury, or death. Drivers should exchange their names, addresses, and vehicle registration numbers. Both parties should also provide information about their driver’s licenses if requested. Failure to provide this information is considered a class 6 felony.
Take the necessary financial steps.
After the initial shock of the accident has passed, there are a few more steps that should be taken:
- Contact your insurance agent and report the accident. Delays in reporting could result in the denial of the claim.
- Get repair estimates from a trusted source so you have an idea of the cost. Knowing the potential cost of repairs can help prevent your claim from being undervalued.
- Be wary of insurance companies. Avoid admitting fault or agreeing to a synopsis of events that places partial or total fault upon you. In addition, consider negotiation; you don’t have to accept their first offer if it underestimates the costs of your repairs or other damages.
Contact a car accident attorney.
If the insurance company is attempting to place fault on you or trying to lowball your costs, an experienced Arizona car accident attorney can help. Guidance from a trusted car accident lawyer can help you interact with law enforcement, the insurance companies, and the courts to ensure you get a fair settlement.
How Property Damage Claims Work in Arizona
Once your medical concerns are alleviated, focus on the personal property losses you experienced.
Begin by reviewing the evidence you collected at the scene. Save the photos and any other information from the accident in a safe place, then provide them to your insurance agent. Keep any documentation and receipts from expenses related to the accident. An insurance company adjuster should inspect the damage and prepare an estimate. If the vehicle is repairable, you can choose where to have it repaired.
After all the documentation has been submitted to the insurance agent, they will review the information and determine fault. The driver who is deemed at fault is responsible for covering the repair or replacement costs of all damaged property. If their insurance is not enough to cover the repairs, you may have to file a claim with your own collision coverage.
The adjuster from your insurance agency recommends a course of action that aligns with the interests of the insurance company. If you don’t agree with their assessment, an Arizona car accident lawyer can help you seek an independent adjuster or negotiate with the insurance agency. Adjusters are regulated by the Arizona Department of Insurance and Financial Institutions.
What Does Property Damage Cover?
In a property damage-only accident, the at-fault party’s insurance covers the costs to repair or replace the affected party’s property. If the at-fault party’s insurance coverage isn’t sufficient to cover the costs, or if they don’t have proper insurance, the victim may have to file a civil claim to recover their losses.
Property damage typically covers:
- Vehicle repair or replacement
- Repair or replace aftermarket vehicle customizations
- Personal property repair or replacement
- Diminished value of the vehicle
- Towing costs
- Car rental costs
- Storage fees for towed vehicles
- Pre-accident value of the vehicle if it is totaled
Common Problems With Property Damage Claims
Property damage claims are often more straightforward than injury claims, but problems can still arise, potentially increasing the time it takes to settle the claim and receive compensation.
Common property damage claim problems include:
- Proving Damages – If property was damaged or destroyed during the accident, you may have to provide proof that the item was not previously damaged, as well as the reduction in value or other loss that occurred as a result of the accident. You’ll also need documentation of the costs to repair or replace the items.
- Lowball Valuations – The insurance company’s adjuster may offer a lowball estimate of the cost to repair the vehicle or a low Actual Cash Value if the vehicle is totaled. Disputing lowball valuations is a crucial component of a property damage claim.
- Diminished Value of Repaired Vehicles – Insurance companies often fail to compensate for the diminished value of a vehicle after an accident. Securing compensation for this discrepancy in value is an important consideration during any car accident that causes property damage.
- Delayed Claims – Going without a vehicle can be difficult for most people, and the insurance company knows that delaying the claim could persuade you to offer a lower settlement amount just to end the difficulties of getting your vehicle repaired.
- Disputes Over Fault – In many accident scenarios, it is the word of one driver over the other when determining who is at fault. If the evidence is unclear or if one driver is overly persuasive, you may have to dispute the fault determination.
- Total Loss Disagreements – If the adjuster determines your vehicle should be totaled, you can dispute their findings. Request the valuation report and provide evidence of your vehicle’s higher market value. You can also request an independent appraisal and negotiate with the adjuster.
- Pre-Existing Damage Allegations – The insurance agency may try to claim that damage or mechanical issues were already present before the accident. You may have to provide documentation to dispute these claims.
- Blame-Shifting – With Arizona’s pure comparative negligence law, the insurance agency may try to assign some of the blame to you so that they can pay a smaller percentage of the covered damage.
If you question how your insurance or the other drivers’ insurance is handling your case, you should consult with a skilled car accident lawyer. At The Valley Law Group, our property damage team can review your case and help you pursue full compensation.
Can You Handle a Property Damage Claim Without a Lawyer?
Legally, there is no requirement to secure legal representation when handling a car accident claim, and in some situations, it may not be necessary to hire an Arizona car accident lawyer. When there is only minor damage, liability is clear or easily proven, or when the insurance company is cooperative, you may be able to complete the claim without legal assistance.
However, most claims are not simple. There are many situations where you could benefit from the help of an experienced car accident lawyer. Even if you have handled much of the claim yourself, bringing in an attorney when the process becomes difficult can save you additional difficulties and help you get fair compensation.
Some situations where you may need a lawyer include:
- Disputed fault or blame-shifting
- Lowball offers by the insurance company
- The other driver was driving a city or state vehicle
- Multiple vehicles were involved
- The monetary value of the damages is high
When Should You Hire a Car Accident Lawyer?
After an accident, you may worry about how you are going to cover your day-to-day expenses along with the costs of repairing or replacing your vehicle before you receive compensation from the at-fault driver’s insurance company. Adding the cost of an attorney may seem overwhelming and unnecessary. However, like most personal injury lawyers, car accident lawyers are paid only after you are awarded compensation, so you have nothing to lose.
If you are facing a difficult car accident claim, you can benefit from having experienced legal representation to negotiate on your behalf.
Your attorney can guide you through the claim process and help you get fair compensation in many difficult situations, such as:
- Liability disputes
- Significant damage or total loss
- Insurance companies acting in bad faith
- You have been injured
- The other vehicle is a commercial or government vehicle
- There are multiple parties involved
If you are experiencing any of the above situations, you need a lawyer with extensive personal injury and property damage experience to pursue compensation. When you contact The Valley Law Group, a highly qualified lawyer will review your case and help you determine your next steps. Contact our team today to get a free consultation for your case.
How a Lawyer Helps With Property Damage Claims
After an accident, your car accident lawyer can help in many ways, allowing you to focus on returning to your normal life.
Lawyers can help with:
- Negotiating fair compensation value or securing third-party valuation experts
- Communicating with the insurance company enables you to avoid common insurance pitfalls and focus on other concerns
- Identifying hidden losses to ensure a fair claim
- Handling property damage claims along with personal injury claims. If you’re injured as a result of an accident, your car accident attorney can handle all aspects of your property damage claim while you heal.
Arizona Laws That Impact Your Claim
There are a few significant Arizona laws that can affect your property damage claim:
Minimum Coverage – In Arizona, the law requires you to have minimum coverage on your vehicles (Arizona Department of Insurance and Financial Institutions, n.d.). The minimum coverage limits are 25/50/15. You, and any driver who has permission to use your vehicle, are covered by these limits.
Comparative Negligence – In addition, Arizona adheres to a pure comparative negligence law (Ariz. Rev. Stat. § 12-2505, 2025) that directly affects how property damage claims are handled. Under this law, any party in an accident can seek damages from the at-fault party regardless of whether they are also considered at-fault. However, the damages received are reduced by the percentage of fault attributed to each party. For example, if you are awarded $10,000 but are 40% at fault, your award is reduced by 40%.
Statute of Limitations – In the Arizona Revised Statutes (Ariz. Rev. Stat. § 12-542, 2025), the statute of limitations for personal injury cases and property damage cases is two years from the date of the injury or loss.
Contact The Valley Law Group
Handling a car accident claim on your own can be overwhelming, stressful, and draining. Worse, representing yourself could leave your claim undervalued and lead to high repair costs. Don’t let the insurance company undervalue your claim; your car accident attorney is your ally to help you get fair compensation.
Call The Valley Law Group today for a free consultation. Our experienced team is available 24/7 to assist accident victims in Phoenix, Scottsdale, Gilbert, Peoria, and the rest of the Valley Area.
Sources
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- Arizona Department of Transportation. (2024, July 12). 2023 Arizona motor vehicle crash facts. https://azdot.gov/sites/default/files/2024-07/2023-Crash-Facts.pdf
- Ariz. Rev. Stat. § 28-662 (2024) https://www.azleg.gov/ars/28/00662.htm
- Arizona Revised Statutes § 28-663 (2025). https://www.azleg.gov/ars/28/00663.htm
- Arizona Department of Insurance and Financial Institutions. (n.d.). Automobile insurance. https://difi.az.gov/consumer/automobile-insurance
- Arizona Revised Statutes § 12-2505 (2025). https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/12/02505.htm
- Arizona Revised Statutes § 12-542 (2025). https://www.azleg.gov/ars/12/00542.htm
Jon McCarty has broad experience in a wide variety of criminal defense and family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. After running a successful practice of his own for many years, Jon relocated to Maricopa County where he has continued to strive for excellence through aggressive yet compassionate representation of each client. Jon has been named to the list of Super Lawyers in the area of family law multiple times, and has been recognized for his outstanding commitment to Equal Access to Justice through providing pro bono representation to numerous clients.