What Happens if the At-Fault Party Doesn’t Have Car Insurance?
By law, all drivers are required to carry minimum levels of liability insurance before driving on Arizona roads. Of course, not all drivers comply with the law. According to the Insurance Information Institute (III), 12.6% of drivers nationwide and 11.8% in Arizona were uninsured in 2019.
What do you do if you were hit and injured by one of these drivers in an accident at little to no fault of your own? Will you be left paying for your expenses out of pocket? Not necessarily. However, you may need help from a skilled attorney to secure the compensation you deserve.
If you were hurt in a car accident caused by an uninsured or underinsured driver, the personal injury attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C., are ready to evaluate and handle your case. We will make sure you know your rights and do not miss out on any compensation you are entitled to. Call us today for a consultation.
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What Are Some Auto Accident Statistics in Arizona?
Auto accidents are a persistent problem in Arizona. According to the Arizona Department of Transportation (ADOT), there were 121,135 crashes on Arizona roads in 2021 alone. These accidents resulted in 1,180 deaths, the highest number of auto-accident fatalities in the state since 2006 and the third-highest number since 1925.
They also resulted in 51,733 injuries. Overall, the numbers translate to approximately 3 deaths and 141 injuries each day. Over half of the accidents involved some form of driver error or traffic violation. The numbers break down as follows:
- Driving too fast for conditions – 35,673 (15.20%)
- Failing to yield the right of way – 21,531 (9.17%)
- Unsafe lane change – 8,271 (3.52%)
- Following too closely – 6,755 (2.88%)
- Failing to keep in the proper lane – 6,608 (2.81%)
- Disregarded traffic signal – 5,726 (2.44%)
If you were injured in an auto accident caused by a negligent or reckless driver, you are likely entitled to legal compensation. The experienced personal injury attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C., are ready to help and a phone call away.
What Are the Mandatory Insurance Laws in Arizona?
Nearly every state requires motorists on their roads to carry auto insurance to compensate injured parties in the event the insured driver causes an accident. In Arizona, every motor vehicle operated in the state must be covered by at least the following minimum levels of liability insurance:
- $25,000 bodily injury liability for one person
- $50,000 bodily injury liability for two or more persons
- $15,000 property damage liability
Failure to maintain proper auto insurance may result in serious legal consequences, including suspension of driving privileges in the state. Fines and penalties break down as follows:
- First Violation – $500 fine and 3-month suspension
- Second Violation – $750 fine and 6-month suspension
- Third Violation – $1,000 fine and 1-year suspension
To ensure future financial responsibility, drivers found in violation of state auto-insurance laws may also be required to file a Certificate of Insurance (known as an SR-22).
What Is Uninsured/Underinsured Motorist Coverage?
In addition to the mandatory third-party liability insurance explained above, all drivers should consider purchasing Uninsured/Underinsured Motorist (UM/UIM) coverage. As the name suggests, this kind of insurance comes in handy if you are involved in an accident with a driver who has insufficient insurance, or none at all, to cover your injuries and losses. In this situation, your UM/UIM policy can cover things like your medical bills, lost wages, and property damage.
Arizona drivers are not obligated to purchase UM/UIM insurance. However, insurance companies must offer both when drivers apply for liability coverage. If they decline this added coverage, applicants must do so in writing.
Importantly, Arizona law prohibits a practice known as “stacking” insurance policies. If you have both UM and UIM coverage, this means that you cannot apply them simultaneously to the same accident. Specifically, the governing statute explains that “underinsured motorist coverage shall not provide coverage for a claim against an uninsured motorist in addition to any applicable uninsured motorist coverage.”
What Should I Do After Being Hit by an Uninsured Driver?
No matter what kind of auto insurance you carry, there are a number of practical steps and considerations you can take to protect your right to compensation for your injuries and losses. If you are injured in a wreck caused by an uninsured/underinsured driver, the following tips should help you start the journey toward maximum compensation on the right foot:
- Seek Medical Attention – After an auto accident, seek medical treatment as needed. This should be your first priority. Remember that insurance companies will scrutinize your medical records as they try to lower their settlement offers. Therefore, be sure to describe all of your discomfort, pain, and suffering to your doctors so they can create a thorough record.
Further, be sure to carefully follow your doctor’s instructions. Not only will attending regularly scheduled appointments help your physical recovery, it will also strengthen any insurance claims and lawsuits you file down the road. Skipping appointments or ignoring your doctor’s instructions gives insurance adjusters ammunition to question the validity of your claim.
- Keep Track of Important Documents – You will need to substantiate your claim for compensation with evidence. Therefore, it is important that you keep track of all documentation related to the crash. Among other things, keep copies of your medical treatment records, proof of lost income, vehicle damage estimates, and proof of vehicle value. Also, keep track of any communication you have with the at-fault party, their insurer, and your insurer.
- Beware of Insurers – In general, accident victims should exercise caution when discussing their case with insurers — both their own and the at-fault party’s. Remember, insurance adjusters are eager to save their company money by denying as many claims as possible, and anything you say to them can be leveraged against you. Therefore, it is best to let your attorney handle all communication with insurers in your case.
Though your own policy likely requires you to report any accidents to your insurer before a certain deadline, you are not required to go into great detail when making your report. Further, you are not required to speak to the at-fault driver’s insurer at all. If they call, do not admit fault, provide a recorded statement, sign a medical release, or accept a settlement offer before securing legal representation.
- Consult With an Experienced Attorney – The best way to make sure you are informed about your rights and not taken advantage of by unscrupulous adjusters is to hire an attorney early on in your case. Your lawyer can file your claim and gather substantiating evidence. They can also negotiate an out-of-court settlement on your behalf and litigate your case in court if a fair settlement cannot be reached.
Contact an Experienced Car Accident Lawyer Today
If you were hurt in a car accident caused by an uninsured or underinsured driver, chances are you are entitled to legal compensation. However, under these circumstances, securing the compensation you deserve can be difficult and may require the attention of a skilled attorney.
The attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C., are here to help. Call us today for a consultation with an experienced Arizona personal injury lawyer. You pay nothing unless we win your case.
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