In Arizona, how long do I have to sue the other driver, and does my share of fault block my claim?

Car insuranceDeadlinesArizonaChecked Nov 6, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: Arizona Revised Statutes · § 12-542 (Two year limitation) · ARS 12-542 View original ↗

In short

Arizona law gives 2 years to sue for injury to a person or to property.
If a jury finds you partly at fault, your case is not barred.
But your damages are cut by your share of fault.

What this means

This answer uses two Arizona laws only. Section 12-542 says certain cases must be started within two years after the cause of action accrues. The list includes injuries done to a person, and trespass for injury done to the property of another. The sources do not say how courts treat a car damage claim under that list.

Section 12-2505 says that if the jury applies the defense, the claimant's case is not barred. But the full damages are cut in line with the claimant's share of fault.

Your next step

Note the date of the accident now and count two years from it. The sources do not say when your cause of action accrues, so check the statute's text for your facts.

Check it yourself

Open ARS 12-542 and 12-2505 and read the text.

Where this comes from (2)

[1] Arizona Revised Statutes · § 12-542 (Two year limitation) · ARS 12-542 · checked 2026-11-06
Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions: 1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561. … 3. For trespass for injury done to the estate or the property of another.
[2] Arizona Revised Statutes · § 12-2505 (Comparative negligence) · ARS 12-2505 A · checked 2026-11-06
If the jury applies either defense, the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault which is a proximate cause of the injury or death, if any.

How we found this

We matched your question to 2 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-06.

What we don’t know yet

Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.

Every answer is checked against the official rule it quotes.

Information only — not legal advice. Your plan, insurer or agency decides.

This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.

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