The Rule: 180 Days, in Writing, to the Right Office

ARS §12-821.01 requires that anyone with a claim against a public entity in Arizona must serve a written Notice of Claim within 180 days of the cause of action accruing. The notice must contain specific facts, the dollar amount being claimed, and the basis for liability.

This applies to claims against:

• The State of Arizona and its agencies
• Counties (Maricopa, Pima, Pinal, etc.)
• Cities and towns
• School districts
• Government employees acting within the scope of their employment

If the notice is not served within 180 days, the claim is barred. This is true even though the standard personal injury statute of limitations under ARS §12-542 is two years.

Why This Trap Catches So Many People

Most people assume they have two years to sue for a personal injury in Arizona, because that is the general rule. They are right about the two-year statute of limitations — but they are wrong if a government entity is involved.

A city bus rear-ends you at a stoplight. You assume you have two years. Six months later, you start looking for a lawyer. You learn the 180-day deadline passed two weeks ago. The case is now legally impossible to file, regardless of how clear the city’s fault was.

This exact pattern happens every year in Arizona. The cure is knowing the rule before the deadline approaches.

What Counts as “Accrual” of the Claim

The 180-day clock starts when the cause of action accrues — generally when you knew or reasonably should have known of the injury and its cause.

For most car accident cases, this is the date of the crash. For latent injuries (where you didn’t realize you were hurt until later) or claims involving misdiagnosis, the accrual date can be later. Courts have been strict about applying this rule.

What the Notice Must Contain

The Notice of Claim under ARS §12-821.01 must include:

• Facts sufficient to permit the public entity to understand the basis of the liability claim
• The specific amount of damages claimed
• A statement that the claim is “for the sum certain”
• The signature of the claimant or claimant’s attorney

Vague notices that fail to specify dollar amounts or fail to provide enough factual detail have been rejected by Arizona courts. Arizona Supreme Court precedent on this is firm.

Where to Serve the Notice

The Notice must be served on the right person at the right entity. ARS §12-821.01 requires service on:

• For the State: the Attorney General
• For counties: the clerk of the board of supervisors
• For cities: the city clerk
• For school districts: the governing board

Serving the wrong person — even within the right entity — can defeat the notice. This is one of the procedural traps that catches DIY claimants.

After the Notice: What Happens Next

After the public entity receives the notice, it has 60 days to accept, reject, or fail to respond to the claim. If the entity rejects or fails to respond, the claimant must then file the actual lawsuit within one year of the cause of action accruing — much faster than the standard two-year statute.

This means the practical timeline for a government-entity case in Arizona is:

• Day 1: Cause of action accrues (the crash)
• Day 180: Notice of Claim must be served
• Day 240: Government has accepted, rejected, or remained silent
• Day 365: Lawsuit must be filed

Missing any of these deadlines is fatal.

What This Means for Your Case

If the at-fault driver was a government employee, or the at-fault vehicle was a government vehicle (city bus, county dump truck, school bus, police cruiser), call an Arizona injury attorney immediately. The 180-day clock is shorter than people expect, the notice has specific content requirements, and serving the wrong person defeats the case.

This is one of the few areas in Arizona PI law where waiting weeks before talking to a lawyer can permanently end your case.

This article provides general information about Arizona law and is not legal advice. Every case is fact-specific. For advice on your particular situation, contact an Arizona-licensed attorney.