After being hit by an uninsured driver in Arizona, you have three main options: file a claim through your own uninsured motorist (UM) coverage, use your collision coverage for vehicle damage, or sue the at-fault driver directly. Arizona law requires insurers to offer UM coverage, but drivers may reject it in writing.
These rules apply to drivers across Arizona, including people involved in uninsured driver accidents in Tempe and nearby communities.
Your options may include uninsured motorist coverage, collision coverage, health insurance, or a lawsuit against the driver who caused the crash. The right approach depends on your policy, the losses you suffered, and whether the uninsured driver has assets that could satisfy a judgment.
Uninsured Motorist Coverage: UM coverage may pay medical bills, lost wages, pain and suffering, and other bodily injury losses. Under ARS 20-259.01, Arizona insurers must offer uninsured motorist coverage, but policyholders may reject it in writing. Available limits generally begin at $25,000 per person and $50,000 per accident.
Collision Coverage: Collision coverage may pay to repair or replace your vehicle, minus the deductible, regardless of whether the other driver had insurance. It does not cover medical bills, lost income, or pain and suffering.
Lawsuit Against the At-Fault Driver: You may sue the uninsured driver for bodily injury, property damage, and other losses. Collection can be difficult because uninsured drivers often have limited assets, although wage garnishment or property liens may be available after a judgment in some cases.
Health Insurance and Other Coverage: Health insurance may cover accident-related treatment when auto coverage is unavailable or insufficient. Deductibles, copays, and reimbursement rights may apply. MedPay may also cover qualifying medical expenses if it is included in your policy.
A personal injury lawyer can review each potential source of compensation before you accept a settlement or assume that no recovery is available.
Call 911, document the collision, and notify your insurer promptly. These steps can protect your ability to prove fault and pursue compensation after being hit by an uninsured driver in Arizona.
Acting quickly after an uninsured driver accident helps preserve evidence before video is erased and witnesses become hard to locate.
Uninsured motorist coverage may pay bodily injury losses when the driver who caused the crash has no liability insurance.
Under ARS 20-259.01, Arizona insurers must offer UM coverage, although drivers may reject it in writing. If you were hit by an uninsured driver in Arizona, this coverage may help pay for:
UM coverage applies to bodily injury, not vehicle damage. Drivers generally need collision coverage to repair or replace their vehicle after an uninsured motorist crash.
Underinsured motorist coverage is different. UIM coverage applies when the at-fault driver has insurance, but the available policy limits are not enough to cover the injured person’s damages.
Hit-and-run accidents may also qualify for UM benefits when the fleeing driver cannot be identified. A police report, photographs, witness statements, surveillance footage, and vehicle damage can help prove that another driver caused the crash.
Arizona allows an injured person to recover compensation even when that person shares part of the fault for the accident.
Under ARS 12-2505, compensation is reduced by the claimant’s percentage of responsibility. If your damages total $10,000 and you are found 20% at fault, your potential recovery would be reduced to $8,000.
The same rule can affect a UM claim. Your insurer may argue that you were speeding, distracted, following too closely, or otherwise contributed to the collision. A higher fault percentage means a lower payout.
Police reports, photographs, witness information, medical records, video footage, and vehicle data can help challenge an unsupported attempt to shift blame. Strong documentation is especially important when the uninsured driver disputes what happened.
Insurance bad faith may occur when an insurer unreasonably delays, undervalues, or denies a valid claim made by its own policyholder.
Possible warning signs include:
A delay or denial does not automatically prove bad faith. The issue is whether the insurer acted reasonably based on the information available and whether it fulfilled its duties under the policy and Arizona law.
Policyholders should keep copies of emails, letters, medical records, estimates, claim notes, and payment explanations. These records may reveal insurance company tactics that support a challenge to the insurer’s conduct.
Complaints may also be submitted to the Arizona Department of Insurance and Financial Institutions. A regulatory complaint does not replace legal action or extend the deadline for pursuing benefits under the policy.
Driving without the required insurance in Arizona is a civil traffic violation that can lead to fines and suspended driving privileges.
Under ARS 28-4135, penalties increase when a driver commits additional violations within 36 months:
Drivers may also need to provide proof of financial responsibility before their privileges are restored. The penalties for driving without insurance in Arizona are separate from the driver’s personal responsibility for injuries and property damage caused in a crash.
Written notice of an uninsured motorist claim is generally required within three years, while personal injury and property damage lawsuits usually have a two-year filing deadline.
ARS 12-555 generally requires written notice to the insurer within three years after the accident. Different timing may apply if the injured person did not initially know the other driver was uninsured or an insurer later denied coverage.
A lawsuit against the at-fault driver for injuries or property damage generally must be filed within two years under ARS 12-542. Insurance policies may also contain separate notice requirements, so drivers should report the collision and begin preserving evidence promptly.
Thompson Law offers Arizona uninsured driver accident victims a Free Consultation with No Fee Unless We Win. An attorney can identify available coverage, calculate your losses, and push back on any attempt to reduce your payout. Contact us to get started.
You may use collision coverage for vehicle damage, health insurance or MedPay for medical treatment, or pursue the uninsured driver directly. Recovery from the driver depends on whether that person has income or assets available to satisfy a judgment.
Yes. Arizona follows pure comparative fault, so you may still recover compensation when you share responsibility. Your payment is reduced according to the percentage of fault assigned to you.
Written notice of a UM claim is generally required within three years under ARS 12-555. A personal injury lawsuit against the uninsured driver generally must be filed within two years under ARS 12-542.
UM coverage may apply when an unidentified hit-and-run driver causes bodily injury. The claimant must provide evidence that another vehicle caused the crash and comply with the reporting and notice requirements in the policy.
Ask for the insurer’s position in writing and preserve all emails, letters, medical records, estimates, and claim notes. An attorney can determine whether the delay or denial is supported or may amount to bad faith.
Sí, puedes hablar con un abogado en español si te lesionó un conductor sin seguro en Tempe o en cualquier otra parte de Arizona. Te explican qué cobertura tienes disponible y cómo pedir una compensación, todo en tu idioma. Contáctanos para una consulta gratis. No cobramos si no ganamos tu caso.
Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $2.1 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.
State law limits the time you have to file a claim after an injury accident, so call today.
