Can I Sue If I Wasn’t Injured in a Car Accident in Arizona?

non-injury-car accident

You’re stopped at a red light in downtown Phoenix, maybe thinking about lunch or what’s next on your to-do list, and then another driver crashes into you. No broken bones, no trip to the hospital, but your car is a mess, your nerves are shot, and you’re staring down a week of repair shops and insurance phone calls. It’s not a medical emergency, but it is a serious disruption.

Let’s break down what you can do after a non-injury car accident to get all the compensation you deserve.

What Counts as a “Non-Injury” Car Accident?

First, let’s begin with that a non-injury accident usually means you didn’t suffer immediate, visible injuries like fractures or bleeding. But that doesn’t mean you’re completely fine.

In Arizona, many crashes fall into this “non-injury” category. According to the Arizona Department of Transportation’s latest crash report, over 68% of reported accidents in the state each year involve property damage only. That means – no ambulance, but often serious financial headaches.

So you don’t need to be rushed to the ER to have a valid claim. These crashes still cause harm, and you have the right to compensation.

Can You Sue for a Car Accident Without Physical Injuries in Arizona?

Yes, you can, and in many cases, you absolutely should. Arizona law gives you the right to pursue compensation if someone else’s negligence caused you harm, even if that harm doesn’t cause injuries to you.

Moreover, non-injury accidents often leave behind real damage: your car is in the shop, you missed work, you’re relying on rides from friends or spending money on a rental, and you can’t stop thinking about what could’ve happened. These losses may not involve hospital stays, but they’re no less valid.

If the other driver was at fault, you have every right to hold them accountable. Filing a lawsuit might be the only way to recover your losses fully, especially if the insurance company lowballs you or refuses to take the claim seriously. It’s important to understand what types of compensation you can sue for.

What Compensation Can You Get After a Non-Injury Crash?

Even without visible injuries, you can still sue for several types of damages that impact your finances, your time, and your emotional well-being. You may be entitled to recover the following damages after a non-injury accident in Arizona:

Vehicle Repairs or Replacement

If your car was damaged or completely totaled, you can seek the full cost of repairs or the fair market value of the vehicle. This includes bodywork, mechanical repairs, and any custom features that were damaged in the crash. Don’t settle for an insurance check that doesn’t come close to what your vehicle is actually worth.

Lost Income

If you missed work because of the accident, such as dealing with repairs, securing alternate transportation, or attending related appointments, you can claim compensation for those lost wages. This includes hourly wages, salaried pay, and in some cases, missed freelance or contract work.

Rental Car or Transportation Costs

While your car is in the shop (or completely out of commission), you’re likely relying on rentals, rideshares, or public transportation. Those costs add up fast, and you shouldn’t have to absorb them when the accident wasn’t your fault.

Emotional Distress

Even in non-injury accidents, the psychological impact can be intense. You may find yourself anxious behind the wheel, reliving the crash, or losing sleep over what happened. Arizona law allows emotional distress claims, especially if the crash caused extreme fear, trauma, or lingering mental health issues, even if your body walked away seemingly unharmed.

Other Out-of-Pocket Expenses

These are the hidden costs most people don’t think about until they’re already swiping their credit card: towing fees, storage costs, co-pays for a precautionary medical check, car seat replacements, or damaged personal belongings inside the vehicle (like phones, laptops, or tools). All of these can be included in your claim.

Of course, the process of suing isn’t simple, and you’ll need to make sure your lawsuit meets certain legal requirements.

Arizona Laws That Apply to Non-Injury Car Accident Lawsuits

To win a lawsuit, you’ll need to prove the other driver’s negligence caused your losses. Under Arizona law, that means establishing four key elements of negligence:

  • Duty of Care – Every driver has a duty to operate safely.
  • Breach – You must show the other driver failed that duty, like by texting or tailgating.
  • Causation – Their actions caused the crash.
  • Damages – You experienced real, documentable losses.

Photos of your car, the accident report, witness statements, dashcam footage, and repair estimates can all help support your case. That’s why taking the right steps after a crash can make a big difference, and we’ll walk you through those later. When suing after a non-injury car accident, there are two more important elements to consider.

Pure Comparative Negligence in Arizona

Arizona uses a pure comparative negligence rule. That means you can recover damages even if you’re partly to blame. If you’re found 20% at fault, your total compensation is reduced by 20%. If you’re 99% at fault, you can still sue for the 1%, but you need strong evidence to show you weren’t the main cause.

Arizona’s Statute of Limitations

Time matters. In most cases, Arizona gives you two years from the date of the accident to file a lawsuit. Wait too long, and your case could be dismissed—no matter how solid your evidence is or how unfair your situation feels.

It’s tempting to wait and see if things improve on their own. But when it comes to protecting your legal rights, getting evaluated early and starting the process sooner rather than later can make all the difference.

Steps to Take After a Non-Injury Crash in Arizona

Even if you feel fine after the accident, your next steps can make or break your case.

  1. Call the Police
    Arizona law requires you to report any crash with injury or death..Arizona law requires a law enforcement officer who investigates an accident resulting in bodily injury, death, or property damage in excess of $2,000 to complete a written report of the accident. That includes most fender benders. A police report helps establish fault and creates a paper trail insurers and courts will take seriously.
  2. Document Everything
    Take detailed photos of vehicle damage, street signs, weather conditions, and the other car’s position. If anything got caught on your dashcam, save it. Don’t rely on memory—your photos are your proof.
  3. Get a Medical Checkup
    Even without visible injuries, it’s smart to get examined. Some injuries, like whiplash or concussions, show up hours or days later. Medical records also help support emotional distress claims if you need them later.
  4. Notify Your Insurance
    Let your insurance company know what happened, but avoid saying anything that could be taken as admitting fault. Just the facts.
  5. Get Repair Estimates
    If your car’s in bad shape, don’t accept the first offer. Get independent repair quotes and compare them to the insurer’s payout. If they’re offering significantly less, you have every right to challenge it—or sue.

Real Reasons People Sue After Non-Injury Crashes

Not every crash leads to broken bones or an ambulance ride, but that doesn’t mean you’re fine. If you’re wondering whether it’s worth pursuing a claim or lawsuit after a “minor” crash, here are common and very real reasons why many people do just that:

The Insurance Company Isn’t Paying What You Deserve

Arizona only requires drivers to carry $15,000 in property damage coverage, and in today’s world, that often doesn’t even cover a crumpled bumper, let alone a totaled SUV. If your car is newer, custom, or just plain expensive to fix, the insurance payout might fall short. A lawsuit helps fill that financial gap.

You’re Paying Out of Pocket for Someone Else’s Mistake

Towing. Rental cars. Storage fees. Appointments you missed because you couldn’t get to work. When the other driver’s insurance delays, denies, or underpays, those bills start stacking up fast, even when you did nothing wrong. Suing may be the only way to get fully reimbursed.

You’re Feeling the Mental and Emotional Fallout

Crashes don’t only hurt metal. You might have nightmares, avoid driving, or feel anxious every time you’re behind the wheel. Arizona law generally requires some physical impact to claim emotional distress, but there are exceptions, especially in cases involving near-miss trauma or severe psychological stress.

Hidden Injuries Show Up Days or Weeks Later

At the scene, you might feel fine. No pain. No ER visit. But a few days later? Your neck seizes up. You’re dizzy. Or maybe your doctor diagnoses you with whiplash, a soft tissue injury, or a concussion. These “delayed injuries” are more common than people think, and if you wait too long to file a claim, you could miss your chance to be compensated for medical care and time off work. Always get checked by a doctor, even if you feel fine. That visit creates a record, and it might reveal injuries you didn’t know were there.

Your Claim is Being Denied or Blamed on You

Arizona’s pure comparative negligence system means that insurance companies have a big incentive to shift the blame, even partially, to you. If they say you were 30% or 50% at fault, your payout drops by that amount. If they push the percentage higher, you might not recover anything. Suing gives you a chance to push back and bring your own evidence.

If you’re dealing with any of those situations or something similar, it’s worth talking to a lawyer to see if your case qualifies for a claim.

When Should You Hire a Lawyer After a Non-Injury Crash?

You don’t need to have hospital bills to need lawyer help. Here’s when it makes sense to talk to an Arizona car accident lawyer:

  • Your car is seriously damaged, and the insurance won’t cover it
  • You’re dealing with anxiety or mental distress after the crash
  • The other driver’s insurance won’t return your calls or blame you
  • You’re being offered less than your car is worth
  • You’re unsure how to prove fault or damages

Most personal injury lawyers, including our team, work on contingency. You don’t pay anything unless we win your case. That makes it easier to fight back without worrying about legal bills stacking up.

At Esquire Law, we treat every client like their story matters, because it does. Our non-injury car accident lawyers will gather the right evidence, challenge the insurance companies, and fight for the full compensation you deserve. Whether it’s your vehicle, your time, or your peace of mind that was damaged, we’re here to make sure you don’t have to carry the cost alone.

Call today for a free consultation. We’ll review your case, answer your questions, and help you move forward—no pressure, no upfront fees.

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