You did everything right. You carried insurance, followed the rules of the road, and expected other drivers to do the same. Then another driver caused a crash, and you learned that they had no insurance.
That discovery can make an already painful situation feel hopeless. Medical bills may be arriving while you are missing work and trying to recover. The good news is that an uninsured driver does not automatically leave you without options. Compensation may be available through your policy, the responsible driver, or another liable party. The challenge is identifying every possible source and protecting your claim from the beginning.
Speak to a Car Accident Attorney in Arizona
Arizona Requires Drivers to Carry Liability Coverage
Under A.R.S. § 28-4135, a vehicle operated on an Arizona highway must have liability insurance or another legally accepted form of financial responsibility. A.R.S. § 28-4009 requires minimum liability limits of:
- $25,000 for bodily injury or death to one person;
- $50,000 for bodily injury or death to two or more people in one accident; and
- $15,000 for damage to other people’s property.
Those requirements do not guarantee that every driver complies. A policy may have lapsed, the driver may have been excluded, or an insurer may deny coverage after investigating the facts. When there is no applicable liability policy meeting Arizona’s minimum limits, the vehicle may qualify as uninsured for purposes of an uninsured motorist claim.
Talk to an Experienced Car Accident Attorney in Arizona
Start by Checking Your Uninsured Motorist Coverage
Uninsured motorist coverage, commonly called UM coverage, compensates insured people for bodily injury or death caused by a driver without qualifying liability insurance. The claim is made through an applicable UM policy.
Arizona does not require policyholders to purchase UM coverage. However, A.R.S. § 20-259.01 requires auto insurers to offer it in writing. The declarations page reflects the policyholder’s decision to purchase or reject the coverage. Do not assume you are uncovered or covered until an attorney has reviewed the declarations page, the full policy, endorsements, and any selection or rejection documents.
UM coverage generally addresses bodily injury damages such as medical expenses, lost income, diminished earning capacity, pain and suffering, disability, and other accident-related losses, subject to the policy and proof of damages. It does not ordinarily pay to repair your vehicle. For property damage, collision coverage may pay for repairs or the value of a total loss, usually after a deductible. Medical payments coverage and health insurance may also help with immediate treatment expenses.
Do not confuse UM with underinsured motorist coverage or UIM. UM applies when the responsible vehicle lacks qualifying liability coverage. UIM applies when liability coverage exists but is insufficient to cover the injured person’s bodily injury damages. Arizona treats them as separate coverages.
Read More: Arizona Car Accident Statistics: What the Data Tells Us
Look for Every Potential Source of Recovery
Your own auto policy is only the starting point. Depending on the facts and policy language, coverage may be available through a resident family member’s policy, a policy covering the vehicle you occupied, an employer’s commercial policy, or a rideshare or transportation company’s policy. If the uninsured driver was working when the crash occurred, an employer or business may also bear responsibility. A vehicle owner, government entity, property owner, or another driver could share liability in some cases.
You may also sue the uninsured driver personally. A judgment, however, is only useful if the person has wages, property, or other assets that can be legally reached. A lawyer should investigate collectability before you spend substantial time and money pursuing that route.
If an unidentified vehicle caused a hit-and-run or “miss-and-run” accident without making physical contact, Arizona law requires corroborating evidence beyond the insured person’s own account for a UM claim. Section 20-259.01 defines corroboration as additional evidence that strengthens the account of how the unidentified vehicle caused the accident. Witness statements, dashcam footage, surveillance video, vehicle data, and physical evidence may become crucial.
Read More: How Much Is My Arizona Car Accident Settlement Worth?
How to Prepare a Strong Uninsured Motorist Case
An uninsured-motorist claim still requires proof. Your insurer may evaluate fault, causation, the necessity of treatment, and the value of your damages much as an opposing liability insurer would. Strong preparation can help keep the facts clear.
Report the crash promptly.
Call law enforcement when appropriate and notify your insurer within the time required by the policy. Ask for the claim number and adjuster’s contact information.
Preserve accident evidence.
Save photographs, video, witness information, the police report number, repair estimates, towing records, and correspondence. Do not repair or dispose of important physical evidence before discussing preservation with counsel.
Obtain every relevant policy.
Gather declarations pages and full policies for your household vehicles, the vehicle involved, and any applicable employer, commercial, or rideshare coverage. Keep copies of UM/UIM offer or rejection forms.
Get appropriate medical care.
Follow treatment recommendations and attend appointments. Gaps in care can affect your health and give the insurer room to argue that the injuries were minor or unrelated.
Document the full impact.
Keep medical bills, pharmacy receipts, mileage, wage records, tax documents, and proof of tasks or activities you can no longer perform. Maintain a private recovery journal if your lawyer recommends one. Do not turn social media into your injury diary.
Track all deadlines.
A.R.S. § 12-542 generally provides a two-year limitation period for personal injury and property damage lawsuits. Separately, A.R.S. § 12-555 generally requires written notice of an intent to pursue UM benefits within three years, with special timing provisions when the lack of insurance or denial of coverage is discovered later. The statute also establishes a later deadline to demand arbitration or file suit if the claim remains unresolved. Policy notice requirements and exceptions can complicate the analysis, so do not use these periods as a reason to wait.
Read More: What To Do After a Car Accident in Arizona
How to Protect Your Claim from Insurance Adjusters
When you file a UM claim, you are asking your own insurer to pay. The adjuster may be courteous and professional, but they still evaluate the claim for the insurance company. Protect yourself by being truthful, careful, and organized.
Give proper notice, but do not guess about speed, distance, fault, diagnoses, or future recovery. If the insurer requests a recorded statement, ask whether the policy requires one and speak with a lawyer before proceeding. You may have a duty to cooperate, but that does not mean answering unprepared or volunteering speculation.
Review medical authorizations carefully. An insurer may need relevant records, but an overly broad authorization could expose years of unrelated medical information. Keep important communications in writing, request written explanations for coverage decisions and offers, and never sign a release until you understand exactly which claims and parties it covers.
Do not rush to settle before your injuries and future needs are reasonably understood. A quick offer can seem helpful when bills are accumulating, but a signed release is usually final. Also limit social media activity and preserve existing posts. Photographs, comments, check-ins, and deleted content can all create avoidable disputes.
Arizona’s unfair claims statute, A.R.S. § 20-461, identifies practices such as misrepresenting coverage, failing to investigate reasonably, and failing to explain a denial or compromise offer. The statute provides an administrative remedy rather than a private lawsuit under that section. Consumers may contact the Arizona Department of Insurance and Financial Institutions about suspected insurance law violations, but a complaint cannot award damages or extend a legal deadline.
Read More: Car insurance claim mistakes that could affect your payout
How to Choose the Right Arizona Lawyer for Your UM/UIM Case
Look for a lawyer with specific experience handling UM and UIM claims, not only ordinary claims against another driver’s insurer. Ask whether the lawyer has handled coverage disputes, arbitration, and litigation involving a client’s own insurance company. Trial readiness matters because an insurer is more likely to take a well-prepared claim seriously.
During a consultation, ask who will manage your case, how often you will receive updates, and how the firm investigates other policies and liable parties. Review the contingency fee agreement carefully, including responsibility for case costs. Be cautious of anyone who guarantees a result before reviewing the evidence, insurance contracts, injuries, and available coverage.
The right lawyer should listen to how the crash affected your life, explain the strategy in plain language, and be prepared to pursue every reasonable source of compensation.
Rasmussen Injury Law Can Help You Find a Way Forward
An uninsured driver can complicate your case, but it does not get the final word. Rasmussen Injury Law has more than 30 years of combined experience resolving personal injury claims throughout Arizona. Our team can investigate the crash, analyze available insurance, document your damages, communicate with adjusters, and fight for full, fair compensation.
Call Rasmussen Injury Law at (480) 637-5757 or contact us online for a free case evaluation. We work on a contingency fee basis, so you pay no attorney’s fee unless we recover compensation for you.