Getting the right amount of compensation from an insurance company after an accident is perhaps more complicated than it should be. What happens, though, if you get into a serious car accident with someone who doesn’t have car insurance at all? Will you even have a chance to get the money you deserve?
The short answer is that getting compensation from uninsured drivers can be a complex process, but it is quite attainable—especially with effective legal counsel. In some cases, your own insurance may help you out. We’ll go over your rights and options if you get involved in a car accident with an uninsured driver in Arizona.
Whether or not you have car insurance in Arizona, you hold financial responsibility for wrecks you cause. It’s possible to recover compensation for a wreck if you were partially at fault. But for the uninsured driver, paying a large amount of compensation can be difficult without insurance.
The first question you need to answer after confirming that an uninsured driver hit you is: Do I carry uninsured motorist (UM) coverage? If so, you’re in luck—UM coverage is an optional policy offered to all Arizona drivers that pays out if you have a valid claim against a driver with no auto insurance. This policy may also provide compensation if a driver causes a wreck and flees the scene (hit and run).
If you do not have uninsured motorist coverage in that situation, your best bet at getting compensation may lie with a lawsuit against the other driver. Many uninsured drivers do not have substantial personal assets, however, which can blunt the effectiveness of your personal injury lawsuit.
Driving a car in Arizona without insurance is a civil traffic violation. Even a first offense of being uninsured can result in:
These penalties increase with each subsequent offense. Your license, plate, and registration might be suspended for one year upon the third offense, and fines can total at least $1,000. The citations and legal fees might be the least of your problems, though, if you get into a serious accident without insurance.
If another person gets into an accident involving your car, your auto insurance will most likely be on the hook for the other driver’s insurance claim. In Arizona, insurance policies usually stay attached to the car regardless of who drives it.
If you gave that person permission to drive your car and they caused a crash, then your insurance will likely cover that accident absent any policy exclusions. If that person was driving your car without permission, then there is still a chance that your insurance will cover the accident, but they may open an investigation into the claim to verify whether or not you really allowed that person to drive the car.
And if the person who was driving your car did not have insurance, then went on to cause damage or injuries due to the crash, then you could be personally held liable for costs beyond what your insurance agrees to cover.
If someone stole your car and then caused damages, you typically won’t be held liable, but you would likely need to provide evidence that the car was used without your consent or stolen. A police report may suffice to evidence the theft.
Uninsured motorist (UM) insurance coverage is designed to help drivers receive compensation if they are involved in a wreck with an uninsured Arizona driver. It’s estimated that 14 percent of people who drive regularly do not have car insurance.
Let’s say you’re sitting at a red light, and someone who’s distracted by their phone rear-ends you. Unfortunately, the at-fault driver does not have car insurance. Fortunately, though, you accepted UM coverage when your provider offered it to you. You’d simply file an insurance claim with your own provider through your UM policy.
A car accident can result in several different types of expenses. You may need to purchase more than one policy to ensure you get the compensation you need after an accident with an uninsured driver.
Arizona drivers are not required to carry UM coverage. State law mandates that insurance providers must offer these policies to new drivers. Unless you rejected UM coverage in writing to your insurance company, you might have such a policy and not realize it. The minimum limits of bodily injury or death expenses for Arizona UM coverage are $25,000 per person and $50,000 per accident.
While you are not required to have UM or UIM insurance in Arizona, you are required to carry liability insurance that pays out if you cause a wreck. Like the minimum limits for UM coverage, minimum liability limits for costs of bodily injury or death are $25,000 per person and $50,000 per accident. Additionally, liability insurance must cover up to $15,000 of property damage per accident.
Although Arizona law requires insurance companies to operate in good faith when dealing with accident claims, providers sometimes fail to live up to their legal obligations. A few examples of bad-faith practices by insurance providers include:
Due to the way they’re written, insurance policies can be incomprehensible to the average person. That can make it difficult for policyholders to identify bad faith practices. If you suspect your insurance provider is not operating in good faith, you can start by contacting them directly and sharing your concerns or submitting a complaint with the Arizona Department of Insurance & Financial Institutions.
If you want to maximize your chances of success, we strongly recommend hiring a skilled Arizona lawyer to guide you through the process. Insurance companies have a wealth of resources at their disposal, and they will often pull out all the stops to avoid paying more than they think they can get away with.
The first thing you should do after a car accident is pull over to a safe area and make sure everyone involved is unharmed. If you have even the slightest suspicion that someone may have been injured, call 911. Even if you are sure nobody has been injured, Arizona law requires drivers to report accidents if more than $1,000 of property damage has been incurred.
Thompson Law supports drivers who are often in precarious positions after a car accident. The only thing that should be on your mind after an accident is recovery, but that can be difficult (if not impossible) without getting the compensation you deserve.
Uninsured motorist claims can be quite complicated, but our attorneys have never backed down from a fight. We’ve recovered more than $1.9 billion for clients thus far, and we are ready to learn about your case. Our fee structure allows you to hire us with no upfront costs—you only pay us if YOU get paid first.
Time is of the essence if an uninsured driver has caused you injury or damaged your property. You have a limited amount of time to file a claim or lawsuit. Most of all, you deserve to put this difficult chapter behind you and realize a bright tomorrow.
Our caring staff looks forward to discussing your personal injury case with you. Initial consultations with Thompson Law are always free. Let’s talk today.
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.
