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Car Accident Claims Against a City, County or the State in Arizona

Short answer: if a government vehicle, a public employee, or a public road condition played a part in your crash, Arizona requires a written notice of claim within 180 days before you can sue. The notice must explain why the public entity is responsible and name a specific dollar amount that would settle the claim, with facts that support it. If the notice is late or missing that amount, the claim can be barred. A lawsuit must then follow within one year. These rules come from A.R.S. § 12-821.01 and § 12-821.

180 days goes fast. Count from the date of the crash, or from when you knew what caused your injury, and do not wait for treatment to finish before getting help. Sending a form or making a call does not stop or pause any deadline.

LEGAL ADVERTISEMENT: This site is an independent referral service operated by Wilder West Assets LLC, not a law firm. We connect people injured in Coconino County crashes with independent licensed Arizona attorneys. Nothing on this page is legal advice.

Who counts as “the government” for a crash claim

The notice rule applies to claims against a “public entity, public school or a public employee.” Around Flagstaff, that can include:

  • The City of Flagstaff and its vehicles, such as public works, utilities and police vehicles.
  • Coconino County and its vehicles and roads in unincorporated areas.
  • The State of Arizona, including state agency vehicles. The Arizona Department of Transportation maintains state highways such as I-17, I-40 and parts of US 89 and US 180.
  • Public schools and school districts, including school buses.
  • Public employees who were acting for one of those entities when the crash happened.

Whether a particular transit system, university vehicle or contractor counts as a public entity can be a real question. When in doubt, assume the notice rule applies and get a lawyer’s read quickly.

What the notice of claim must contain

A.R.S. § 12-821.01(A) sets three requirements, and missing any one of them can sink a claim:

  1. Filed with the right person. The claim goes to the person or persons authorized to accept service for the entity under the Arizona Rules of Civil Procedure. Sending it to the wrong office is a risk.
  2. Facts showing the basis for liability. Enough detail for the entity to understand why it is being held responsible: what happened, where, when, and what the entity or employee did or failed to do.
  3. A specific amount, with supporting facts. The statute requires “a specific amount for which the claim can be settled and the facts supporting that amount.” A range or a phrase like “to be determined” is not a specific amount.

Because the amount must be stated within 180 days, sometimes before treatment is complete, the number has to be built carefully from bills, records, lost wages and a reasoned estimate of future care. This is one of the strongest reasons to involve a lawyer early in a government claim.

When the 180 days starts

Under § 12-821.01(B), a claim accrues when you realize you have been damaged and know, or reasonably should know, what caused it. For a crash with a city truck, that is generally the day of the crash. For a road defect, it may take longer to learn that the road, not just weather or another driver, played a part. Do not rely on a later start date without advice.

Minors and people who are legally incompetent get more time: § 12-821.01(D) allows a claim within 180 days after the disability ends.

What happens after you file

  • 60 days to respond. Under § 12-821.01(E), the claim is deemed denied if the entity doesn’t respond in writing within 60 days.
  • One year to sue. A.R.S. § 12-821 requires actions against a public entity or public employee to be brought within one year after the claim accrues. That is shorter than the two years for a private driver.

Our page on Arizona car accident deadlines puts all of these clocks side by side.

Road condition claims around Flagstaff

Northern Arizona roads face snow, ice, freeze-thaw damage and wildlife. A claim that a public road was unreasonably dangerous is possible, but it is harder than a vehicle crash claim. It can involve questions about what the entity knew, how long a hazard existed, signage, and whether Arizona’s statutes give the entity a defense. Weather alone does not make a road defective. Our winter crash guide covers snow and ice claims, and our elk collision guide covers wildlife crashes.

Why government claims are handled differently

A claim against a private driver goes to that driver’s insurance company, which investigates and negotiates on its own timeline within the two-year limit. A claim against a public entity starts with a formal written claim that the entity reviews, with a set response period and a shorter lawsuit deadline. The specific-amount rule also changes strategy: the number you put in the notice is a settlement figure the entity can accept, so it has to be one you can live with, and it has to be supported by facts the entity can check. Public entities can also have defenses that private drivers don’t. These differences are why a government claim is worth a lawyer’s review from the start, even when the facts seem simple.

If more than one party is at fault

Crashes involving a public vehicle can also involve private drivers. Arizona’s several liability rule, A.R.S. § 12-2506, generally makes each party pay its own share of fault. That can mean a notice of claim to the public entity and a regular insurance claim against a private driver, each on its own deadline. Our page on shared fault explains how fault is divided.

Pedestrians and cyclists

People on foot or on a bike are hurt by public vehicles too, and sometimes by crosswalk, signal or path conditions. The same notice rule applies. See our guides for pedestrian crashes and bicycle crashes.

What to do this week

  • Mark day 180 on your calendar, counted from the crash date.
  • Get the crash report and note any vehicle number, agency name or employee name. Our accident report guide explains how.
  • Photograph the scene if a road condition was involved, and do it soon. Roads get repaired.
  • Collect every bill and record, including mileage and missed work. The specific amount needs support.
  • Check your own coverage. Your health insurance and auto medical payments coverage can help with bills while the claim is pending. See who pays the medical bills.
  • Talk to a lawyer well before day 180, not on day 179.

Frequently asked questions

How long do I have to file a claim against the City of Flagstaff after a crash?

Arizona requires a written notice of claim within 180 days after the claim accrues, under A.R.S. 12-821.01, and a lawsuit within one year under A.R.S. 12-821. Count from the crash date and act early.

What has to be in a notice of claim?

Facts that explain why the public entity is responsible, and a specific dollar amount for which the claim can be settled, with facts supporting that amount. It must be filed with the person authorized to accept service for that entity.

Can I just send a letter saying I was hurt?

A letter that lacks a specific settlement amount and supporting facts may not meet the statute, and a deficient notice can bar the claim. It is worth having a lawyer prepare it.

What if the government never answers my claim?

Under A.R.S. 12-821.01(E), the claim is treated as denied 60 days after filing if there is no written response. The one-year lawsuit deadline keeps running.

Is a crash on I-17 or I-40 a claim against the state?

Only if the state or a state employee is responsible for what happened. A crash caused by another private driver on a state highway is a claim against that driver. A claim about the highway itself, or a state vehicle, involves the state.

Does the 180-day rule apply to children?

A minor can file the notice within 180 days after the disability ends, under A.R.S. 12-821.01(D). Parents may have separate claims with their own timing, so get advice early.

Related guides

A public vehicle or road involved? Free and confidential

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Sources & Corrections

Primary sources checked for this page on October 18, 2026:

Which highways ADOT maintains is general public information and was not checked against a route list for this page.

See an error on this page? Email corrections@flagstaffazattorney.com. Corrections are reviewed and logged. Our corrections policy.

Not legal advice. The Flagstaff Legal Resource Center is an independent referral service operated by Wilder West Assets LLC, not a law firm. This page explains general Arizona law to help you prepare to talk with a lawyer. Laws change, and how they apply depends on your facts. No attorney-client relationship is created by using this site. Verify any attorney’s credentials through the State Bar of Arizona.

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