Arizona Notice of Claim
Arizona Notice of Claim: What It Is and How the 180-Day Deadline Works
Under the Arizona notice of claim statute, A.R.S. 12-821.01, an injured person with a claim against a city, county, state agency or other public entity must serve a written notice within 180 days after the claim accrues. The notice has to state the facts and a specific sum certain, and the claim is deemed denied if the entity does not respond within 60 days. A lawsuit then generally must be filed within one year after the claim accrues (A.R.S. 12-821), so these claims run on a much shorter clock than a typical crash.
Reviewed by Charles Paglialunga, Esq.
- Notice of claim
- 180 days after the claim accrues
- A.R.S. 12-821.01
- What it must include
- The facts and a specific sum certain
- A.R.S. 12-821.01
- Deemed denied
- After 60 days without a response
- A.R.S. 12-821.01
- Lawsuit
- 1 year after the claim accrues
- A.R.S. 12-821
What Is a Notice of Claim Under Arizona Law?
A notice of claim is a formal written notice that you serve on a public entity before you are allowed to sue it. In Arizona it is the required first step for an injury claim against a city, a county, a state agency, a public school district or another government body, including an employee acting within the scope of their job. It is not a lawsuit, and it does not put your case in front of a judge. It tells the government what happened, why you believe it is responsible, and what amount you are asking for, so that it can review the claim and decide whether to settle.
If you were hit by a city truck or police car in Phoenix, Arizona law gives you far less time to act than a typical crash. A claim against a government vehicle triggers a strict 180 day Notice of Claim deadline that a standard car accident claim does not carry, and missing it can end your right to recover entirely. For the general rule that applies to private drivers, see our guide to the Arizona statute of limitations for personal injury claims.
Arizona
The Arizona Notice of Claim Statute at a Glance
Two Arizona statutes work together on claims against public entities, and both clocks start when the claim accrues, which is usually the date of the crash. These rules have exceptions, so call us and we will explain how they apply to you.
| Step | Deadline or rule | Citation |
|---|---|---|
| Serve the written notice of claim | Within 180 days after the claim accrues | A.R.S. 12-821.01 |
| What the notice must contain | The facts and a specific sum certain | A.R.S. 12-821.01 |
| Entity does not respond | Claim is deemed denied after 60 days | A.R.S. 12-821.01 |
| File the lawsuit | 1 year after the claim accrues | A.R.S. 12-821 |
| Compare: claim against a private driver | 2 years from the injury | A.R.S. 12-542(1) |
Source: Arizona Revised Statutes as cited. Start dates can vary with the facts.
What Should You Do Right After You’re Hit by a City Truck or Police Car in Phoenix?
The steps you take matter more here than after an ordinary wreck, because the notice of claim clock starts the moment the crash happens, not when you get around to calling anyone.
- 1
Call 911 and wait for officers
Call 911 and get officers to the scene, even when the vehicle that hit you belongs to the police department or the city. An independent report documents which officers responded, what department the truck or car belonged to, and what dispatch logs showed at the time.
- 2
Identify the vehicle
Get the badge or unit number off a police car, or the department name and vehicle number off a city truck.
- 3
Photograph the scene
Photograph the scene: both vehicles, the street or crosswalk, and any visible injuries.
- 4
Collect witness information
Get names and numbers from witnesses, since city employees often tell a different story than the person they hit. A witness who saw the driver run the light can make or break liability later.
- 5
See a doctor
See a doctor even if you feel fine at the scene. A documented injury tied to the date of the crash matters for your health and for the report you’ll need to build a claim within 180 days.
What Is the 180 Day Notice of Claim Deadline for Phoenix City Vehicle Accidents?
Arizona Revised Statutes section 12-821.01 requires anyone injured by a city, county, or state government entity, including an employee acting within the scope of their job, to serve a written Notice of Claim within 180 days of the crash. That covers a Phoenix police car, a city sanitation truck, a Valley Metro bus, or a state owned vehicle. This window is not a suggestion, and Arizona courts enforce it strictly.
Unlike a private driver, the City of Phoenix and the State of Arizona cannot be sued until you’ve given formal written notice of what happened and a specific dollar amount you believe covers your damages. That period lets the government review its own report and decide whether to settle before a lawsuit is filed.
In the rare case where a crash involving a government vehicle is fatal, the same 180 day deadline generally applies to a wrongful death claim filed by surviving family on behalf of the person killed. Because the wrongful death rules have their own details, call us early so we can look at your dates.
How to File a Notice of Claim Against the City of Phoenix or the State of Arizona
A Notice of Claim against the City of Phoenix or the State of Arizona has to be more specific than a letter describing what happened. Many people search for a notice of claim form. Some public entities post their own form or instructions, and those can help, but the statute decides what the notice must contain, so a completed form is only as good as the facts and the sum certain written into it. A strong notice includes the following.
- The facts of the crash: what happened, when, where, and who was involved.
- The legal basis for the claim: why you believe the entity or its employee is responsible.
- A sum certain, an actual dollar figure you’re willing to settle for. A notice that leaves the amount open can be thrown out even when delivered on time.
- The right office. For a City of Phoenix vehicle, that typically means the Phoenix City Clerk. For a state owned vehicle, such as a Department of Public Safety car, the notice generally goes to the Arizona Attorney General’s office.
- Proof of delivery. Mailing it and assuming it arrived is not enough. Arizona courts have held that actual delivery, not just placing the notice in the mail, is what starts the government’s response clock.
Who Is Liable When a Police Car, Fire Truck, or Other City Vehicle Causes an Accident?
In most cases, the City of Phoenix or the relevant government entity is vicariously liable when its employee causes a crash on the job, similar to why an employer is responsible for a delivery driver’s crash. A personal injury claim against a government entity is still built on negligence, causation, and damages, and shared fault can still reduce what you recover, as explained in our guide to Arizona comparative negligence. What changes is the process, the deadlines, and who actually pays, a self-insured municipal fund rather than a typical auto insurer.
Police cars and fire trucks responding to an emergency get some added legal protection under Arizona law when the driver is running lights and sirens with due regard for public safety. That protection is not unlimited. An officer who runs a red light without activating emergency equipment, or who drives with reckless disregard for others, can still be found liable, and the city can still be held responsible.
What Happens If You Miss the 180 Day Notice of Claim Deadline in Arizona?
Missing the 180 day deadline is usually fatal to the claim. Arizona courts have dismissed cases where the injured person had a legitimate claim but notified the city or state too late, sometimes by only a few days. There is no general grace period for being hospitalized, changing addresses, or not knowing the rule existed.
If you were hit by a city truck or police car in Phoenix and you’re already past 180 days, get the facts evaluated rather than assume nothing can be done. A narrow set of exceptions exists, such as a minor child’s claim or someone legally incapacitated at the time, and even those are fact-specific rather than automatic. Notice rules for minors differ, so call us before you assume you have more time.
How Is a Claim Against a Government Vehicle Different From a Regular Car Accident Claim?
A claim against a government vehicle in Phoenix runs on a different track from a claim against a private driver almost from day one. The insurance is different, a self-insured municipal or state risk pool instead of a commercial auto policy. Police departments and city fleets often keep dash cam and body cam video for only a limited period before it’s overwritten, so a request to preserve evidence should go out early, not near the end of the 180 days.
The overall path is laid out in our guide to the personal injury claim process. The damages side looks more familiar. Arizona juries typically approach pain and suffering valuation in a government injury claim much like they would in a private crash, weighing severity, permanency, and daily impact rather than a fixed formula. What’s different is the path to get a jury to see that evidence at all, since the Notice of Claim step comes first.
Claim against a private driver
- Two years to file suit under A.R.S. 12-542
- No written notice required before filing
- Usually a commercial auto insurer on the other side
- Fault is often negotiated, including the percentage
Claim against a government vehicle
- Written notice of claim within 180 days (A.R.S. 12-821.01)
- Facts and a specific sum certain required in the notice
- Often a self-insured city, county or state fund
- Lawsuit generally within one year of accrual (A.R.S. 12-821)
Can You Still File a Lawsuit After Submitting a Notice of Claim to the City?
Submitting a Notice of Claim is not the same as filing a lawsuit, and it doesn’t put your case in front of a judge by itself. A Notice of Claim served on time does not extend how long you have to file, so both deadlines need tracking from day one.
Day of the crash
The clock starts
The claim accrues and the 180 day notice window begins.
Within 180 days
Serve the notice
Deliver the written notice with the facts, the legal basis and a specific sum certain to the right office.
Up to 60 days after delivery
The entity responds
Once the City of Phoenix or the State of Arizona receives your notice, they generally have 60 days to respond: accept, deny, or make an offer. If 60 days pass without a response, the claim is deemed denied.
Within 1 year of accrual
File suit if needed
If the claim is denied, or 60 days pass without a response, you’re generally free to file suit, but that filing still has to happen within Arizona’s separate statute of limitations for claims against public entities, which runs on its own clock from the crash date (A.R.S. 12-821).
Related pages
Questions
Questions about Arizona notice of claim
Does the 180 day Notice of Claim deadline apply if I was hit by a school bus or public transit vehicle in Phoenix?
Usually, yes. A bus operated by a public school district or a government transit agency like Valley Metro is generally treated as a government entity under Arizona’s notice of claim rules, so the same 180 day deadline applies. A privately contracted charter bus may fall under different rules, so confirm who owns and operates the vehicle first.
Is the 180 day Notice of Claim deadline the same as Arizona’s 2 year statute of limitations for car accidents?
No. Arizona’s general personal injury statute of limitations is 2 years, but claims against a government entity run on a shorter track: a 180 day Notice of Claim, plus a separate deadline for filing suit against a public entity that is generally 1 year, not 2. Treat a government vehicle crash as running on a much shorter overall clock than a typical car accident.
Can I still recover compensation if a police car hit me during an emergency response?
Possibly. Arizona law gives officers driving with lights and sirens some added legal protection, but that protection is not unlimited, and reckless or negligent driving can still create liability during an emergency response. Recovery usually depends on facts like whether emergency equipment was actually on, how the officer was driving, and what dispatch and video records show.
Do I have to hire help to file a notice of claim against the City of Phoenix?
You’re not legally required to hire a lawyer, but the strict format, the sum certain dollar requirement, and the 180 day deadline make small mistakes costly. Whether hiring a lawyer after a crash actually changes the outcome comes up often, especially when a government entity decides whether to pay you, and it can also help you spot liability issues specific to a government vehicle claim.
How much compensation can I get from a claim against a government entity in Arizona?
There’s no fixed number. Compensation typically depends on your medical costs, lost income, the severity and permanency of your injury, and how clearly liability can be shown against the city or state driver involved. Because the sum certain amount you list in your Notice of Claim shapes the rest of the case, have that number evaluated by someone who has handled a claim like yours rather than guessing.
Is a notice of claim the same thing as a lawsuit?
No. A notice of claim is a required written step that comes before a lawsuit against a public entity. It gives the government the facts and a specific sum certain so it can decide whether to accept, deny or make an offer. If the claim is denied or deemed denied, a lawsuit may follow, within the separate one-year deadline.
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Talk to Us Before the 180 Days Run Out
If you were hit by a city truck, police car, or other government vehicle in Phoenix, the 180 day clock is already running. Call (602) 584-8054 or request your free case review to find out what your deadline actually is and what it takes to protect your claim. Our experienced and friendly attorney will explain your legal rights and how these deadlines apply to you. The earlier you call, the better, but it’s never too late to find out your legal rights.
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