Can you sue someone for car accident without injury? Yes, you can sue someone for a car accident even without physical injuries if you suffered property damage or other financial losses caused by their negligence. These claims typically focus on repairing or replacing your vehicle, recovering rental car costs, and addressing other out-of-pocket expenses tied to the crash.
Many drivers believe no physical injuries mean no claim. In Arizona, that belief can cost you.
A car accident can leave you with steep repair bills, rental car costs, and time away from work. Arizona is an at-fault state, so the driver who causes the crash can be held responsible for property damage and other losses.
This guide explains when you can sue someone for a car accident without injuries in Arizona and what a suit involves.
We’ll explain what compensation is available, how pure comparative negligence can change the payout, what evidence strengthens your case, and when to move from an insurance claim to a lawsuit.
The Sorenson Law Firm brings 130+ years of combined Arizona litigation experience to car accident cases across Phoenix, Tucson, Mesa, Scottsdale, and Tempe.
For a free case review with an Arizona personal injury lawyer, contact us today. Our team is ready to help you pursue the compensation you deserve.
What Qualifies a Car Accident Without Injuries for Compensation?
A noninjury car accident claim arises when you have no diagnosed physical injuries but still suffer measurable losses. That can include a bent frame, a totaled vehicle, time off work to handle repairs, or anxiety that disrupts daily life.
Key traits of a noninjury claim include:
- No medical diagnosis for bodily harm.
- Clear financial impact.
- A link to the accident caused by another driver. Documentation bridges that gap.
What Damages Are Recoverable Without Physical Injuries?
Arizona law allows compensation for more than medical care. Common recoverable items include:
- Property damage: Repair or replacement costs, towing, and storage.
- Diminished value: Loss in market value after repairs.
- Transportation: Rental car or rideshare costs.
- Lost wages or missed shifts tied to the accident and repairs.
- Emotional distress when supported by clinical records.
- Loss of consortium in rare, well-documented situations.
Receipts, estimates, and expert appraisals support each category.
Arizona’s At-Fault System
Arizona follows a tort system. The driver who caused the accident pays for damages through insurance or personal assets. An insurance claim is the first step.
A car accident lawsuit becomes an option when an insurer delays, denies, or undervalues the loss. This system applies in Mesa, Scottsdale, Tempe, and across the state, and it helps drivers recover compensation for property and economic harm even without personal injuries.
Can You Sue Someone for Car Accident Without Injury?
When Can You Sue for a Car Accident Without Injury?
You can sue someone for a car accident without injuries if you can show negligence and measurable losses.
The core test is simple: did another driver fail to use reasonable care, did that failure cause the crash, and did you suffer damages?
If the answer is yes, a claim can move forward. You can sue for a car accident to recover repair costs, diminished value, rental expenses, and documented emotional distress.
What if the Insurance Company Makes a Low Offer?
Low valuations, delays, or fault disputes push many cases into litigation. A lawsuit makes sense when:
- The insurer denies liability or blames you without credible support.
- The offer does not cover verifiable repairs or diminished value.
- Losses exceed policy limits and no fair tender arrives.
- Evidence exists, but the carrier refuses to weigh it.
An attorney can prepare a demand and then file a lawsuit if needed to protect your rights.
Who Pays if the Other Driver Is Uninsured?
If another driver lacks coverage, options include a UM/UIM claim under your policy, a suit against the at-fault driver, or both. Collection may be limited when the driver has few assets.
UM/UIM often presents the fastest path to payment for a noninjury car accident with an uninsured driver, including property damage and related losses, where policy terms allow.
Arizona’s Legal Standard for Noninjury Car Accident Claims
How To Prove Negligence
Negligence has four elements: duty, breach, causation, and damages. Every driver owes a duty to follow traffic laws and drive safely. A breach can be speeding, distracted driving, or unsafe lane changes. Causation links the breach to the accident. Damages show the money you lost.
The burden of proof is “preponderance of the evidence,” meaning more likely than not. Evidence can include a police report, photos, dashcam video, witness statements, and repair records.
How Pure Comparative Negligence Affects Compensation
Under ARS § 12-2505, Arizona uses pure comparative negligence, so your recovery drops by your percentage of fault.
A rear-end crash in Tempe with a sudden stop may assign 80% fault to the tailing driver and 20% to the lead driver with a broken brake light. A $10,000 property damage claim would pay $8,000 in that example. Shared fault is common in multi-lane merges and parking lot accidents.
Deadlines That Apply to Property Damage and Related Claims
ARS § 12-542 sets a two-year statute of limitations for most car accident claims, including noninjury property losses.
Claims against a public entity call for a 180-day notice of claim and a one-year filing deadline under ARS §§ 12-821 and 12-821.01. Missed deadlines can end a case, so act early even if repairs take time.
Insurance Claims vs. Lawsuits in Noninjury Cases
Most noninjury car accident cases start with filing an insurance claim with the at-fault driver’s carrier. Submit photos, estimates, and proof of diminished value.
A lawsuit comes next if the carrier disputes fault or undervalues the loss. Filing in Superior Court or Justice Court depends on the amount at stake and the county.
Common Insurance Company Tactics
Insurance companies often use predictable playbooks:
- Low repair valuations or pushing used parts.
- Arguing partial fault without evidence.
- Depreciation disputes on nearly new vehicles.
- Repair vs. total loss disagreements that delay payment.
- Questioning diminished value unless a formal report is provided.
Counter with detailed estimates, OEM repair protocols, expert appraisals, and witness accounts.
How Policy Limits and Deductibles Affect Recovery
Under ARS § 28-4009, minimum property damage liability limits sit at $15,000. Many drivers carry higher limits. Collision coverage can help with faster repairs, and then your insurer can seek reimbursement.
UM/UIM property coverage can fill gaps when limits run out or another driver lacks coverage. Deductibles apply to first-party claims but not to a liability claim against the at-fault driver.
Average Settlement for Noninjury Car Accident
Noninjury car accident settlements typically range from a few hundred dollars to several thousand, depending on the extent of property damage, repair complexity, diminished vehicle value, rental car costs, and documented out-of-pocket losses.
Insurance policy limits, liability clarity, and the quality of supporting evidence such as photos, estimates, and witness statements also factor in when determining the final payout.
Legal Process for Noninjury Car Accident Claims in Arizona
Steps To Take Right After the Accident
Start strong to help the claims process. Steps include:
- Call the police, and request a report number.
- Photograph damage, skid marks, signs, and traffic signals.
- Exchange insurance and contact details with another driver.
- Identify witnesses and save their numbers.
- Notify your insurer and open a claim file.
Seek an evaluation if any physical symptoms arise later, since delayed pain can occur even in low-speed impacts.
How To File a Property Damage Claim
File a claim with the at-fault carrier. Submit estimates, photos, the police report, rental invoices, towing and storage bills, and proof of lost wages tied to repair appointments.
Keep a log of calls and emails. Ask for written approvals before repairs start, and request OEM parts when safety systems are involved.
When and How To File a Lawsuit
If the claim stalls or comes in too low, file a lawsuit in state court. The process includes a complaint, service on the defendant, a response, discovery, depositions, expert disclosures, mediation, and trial if needed.
Many suits settle after a strong expert report on diminished value or fault. A car accident lawyer can guide each stage and protect you from missteps.
What Happens if the Insurer Disputes Your Losses?
When the Insurer Disputes Causation or Repair Estimates
Use independent appraisals, repair shop documentation, and OEM procedures to support your numbers. An accident reconstruction expert can clarify impact angles and fault.
A formal diminished value report can move a stuck offer, but if talks fail, a car accident lawsuit puts sworn testimony and expert work before a judge or jury.
How To Handle a Denied Claim
Appeal in writing with evidence and citations to ARS §§ 12-542 and 12-2505 where relevant. If conduct crosses the line, a bad faith claim may be in play. This is where accident lawyers step in to preserve rights, manage deadlines, and push for fair payment.
Key Evidence in Car Accident Without Injury Cases
Well-organized proof drives results. Gather:
- Police report and any citations.
- Scene photos and dashcam or surveillance footage.
- Witness statements with contact info.
- Repair estimates, invoices, and OEM part requests.
- Rental car receipts and towing/storage bills.
- Pay stubs or employer letters for lost time.
Keep everything in one file so the insurer sees a complete picture.
How To Prove Emotional Distress Without Physical Injuries
Proof can include therapy notes, counselor letters, medication records, and a personal journal that tracks anxiety, sleep loss, and changes in daily routine. Statements from family or co-workers help show the shift in behavior after the accident.
Link each symptom to the car crash date and to triggers such as driving past the site.
Expert Opinions That Help
Three expert types often help in a car accident without bodily harm: accident reconstructionists for fault, certified appraisers for diminished value, and licensed mental health professionals for emotional distress. Their opinions add weight at the negotiating table and in court.
How a Lawyer for Car Accident Without Injury Helps
An attorney reviews liability, gathers evidence, and builds a claim package that covers every category of loss. That includes property damage, diminished value, rental costs, and lost wages.
An attorney for car accident without injury claims can spot missing proof, line up experts, and prepare a demand that cites Arizona statutes and case law.
Do You Need an Accident Lawyer if There Are No Personal Injuries?
Noninjury cases still face pushback. Disputes over parts, procedures, and value are common. A car accident attorney adds leverage in negotiations with insurance companies and protects you from recorded statements that can harm your case.
Legal help often closes the gap between a lowball offer and full compensation.
How Attorneys Negotiate With Insurance Companies
Strong demands, clear proof, and statute-based arguments set the tone. Lawyers for car accidents without injury present expert reports, repair protocols, and a damages summary with exhibits. If talks stall, counsel can file a lawsuit and prepare for trial to keep pressure on.
How The Sorenson Law Firm Can Help
Our team handles investigation, evidence gathering, and claim strategy. Services include property damage and diminished value assessments, emotional distress claim development with clinician support, and direct negotiation with insurance companies.
If talks break down, we litigate.
We bring 130+ years of combined experience, deep knowledge of state and local laws, and day-to-day work in Arizona courts.
Get a free case review with an attorney by calling our Tempe office at (480) 839-9500 or contact us directly through our website. We are ready to help you file a claim, press the insurer, or file a lawsuit when needed. We handle the heavy lifting so you can focus on normal life.
Key Points To Remember
- Arizona law allows you to sue for a car accident without injuries if you have measurable losses.
- Most claims must be filed within two years (ARS § 12-542).
- Pure comparative negligence (ARS § 12-2505) reduces compensation by your share of fault, but it does not bar recovery.
- Strong evidence such as a police report, scene photos, repair records, receipts, pay stubs, and mental health documentation, wins cases.
- Many claims resolve through insurers; a lawsuit helps when carriers deny, delay, or undervalue your losses.
- A local attorney can manage the claims process, negotiate with insurance companies, and move to court when fair payment is not offered.
Additional Resources
- ARS § 12-542 Statute of Limitations: Full text on the two-year deadline for property damage and injury claims.
- ARS § 12-2505 Comparative Negligence: Rules for fault allocation and how it affects compensation.
- ADOT Crash Facts: Annual crash facts reports from across the state.
