Uninsured Motorist Claims in Arizona

Two drivers explaining who's to blame in the car accident.

In Arizona, drivers must carry proof of financial responsibility to cover any damage or injuries they cause in an accident. Most drivers choose to meet this requirement by purchasing liability insurance. However, not all drivers follow the law. If an uninsured driver hits you, you could be left with costly car repairs and medical bills. This is where uninsured motorist coverage can protect you.

What is Uninsured Motorist Coverage?

Uninsured motorist coverage (UM) is a type of car insurance that protects you if you get hurt in a collision with a driver without insurance. If your auto insurance policy includes UM coverage, you can file an uninsured motorist claim asking your insurance company to pay for your medical expenses and related losses. Simply put, UM insurance replaces the liability insurance the negligent driver should have had.

UM coverage only kicks in when the at-fault driver lacks insurance or causes a hit-and-run accident. It will not apply if the at-fault driver is insured in any way, even if there is insufficient liability insurance for all your losses. You would need underinsured motorist (UIM) coverage to make up the difference for these types of incidents.

What are the Minimum Car Insurance Requirements in Arizona?

Arizona drivers must carry liability insurance with the following  minimum coverage amounts:

  • $25,000 per person for bodily injury or death in an accident
  • $50,000 for bodily injury or death of two or more people
  • $15,000 for property damage

Purchasing uninsured motorist coverage is not mandatory in Arizona. However, state law requires insurers to offer it to you. You also must be offered UIM coverage. You can opt out of uninsured and underinsured motorist coverage, but you must do so in writing. If you didn’t specifically reject UM and UIM insurance when purchasing your policy, you likely have it in amounts equal to your liability coverage limits.

Insurance agent talking to the injured old man from car accident.

How Do I File an Uninsured Motorist Claim?

Consult an experienced car accident lawyer before initiating an uninsured motorist claim in Arizona. They can guide you on the proper steps to take, including gathering and preparing all the necessary information and documentation to support your claim. When ready, you must provide your insurer with your policy number, the accident date, evidence that the other driver was uninsured, and a copy of the police accident report.

Working with an uninsured motorist lawyer from the start can significantly improve your likelihood of receiving the full compensation you deserve under your policy. Your attorney can handle communications with your insurance company, file your uninsured motorist claim, and advocate on your behalf, making the process smoother and more efficient.

How Much Might Uninsured Motorist Coverage Pay Me After a Car Accident?

The amount your UM coverage will pay after a car crash depends on the limits you chose when you purchased your policy. Typically, your UM coverage limits mirror the limits of your liability coverage. So, if your liability coverage is $100,000 for bodily injury per person, your UM coverage will also generally be $100,000. This setup ensures balanced protection, whether you’re liable for an accident or an uninsured driver is at fault.

Keep in mind your policy limit is the maximum amount your insurance will pay, no matter how high your actual costs are. If your policy limit is $100,000 and you have $150,000 in losses, you could be responsible for the remaining $50,000 not covered by insurance. An experienced car accident attorney can discuss potential options for pursuing compensation if your losses exceed your UM policy limits, such as filing a personal injury lawsuit or examining the liability of other third parties.

Can I Sue an Uninsured Driver for a Car Accident?

Yes, you can sue an uninsured driver for a car accident in Arizona. If an uninsured driver causes a crash that damages your vehicle or hurts you or your passengers, you have the right to take legal action against them. When you sue, you can seek compensation for medical expenses, car repairs, lost wages, and any pain and suffering resulting from the accident.

However, suing an uninsured driver might not always secure the compensation you need. Many uninsured drivers lack sufficient money or assets to cover the harm they cause in an auto accident. This is why having UM coverage is beneficial. It helps you receive compensation even if the at-fault driver cannot pay.

What is the Deadline in Arizona for Filing an Uninsured Motorist Claim?

Insurance policies often require that you report covered incidents promptly – sometimes within days of an accident. Following this initial notification, insurers might also have specific deadlines for submitting the UM claim, which can vary by insurance company. So, while you have two years under Arizona law to file a lawsuit against an uninsured driver, the deadline to notify your insurance company and begin the claims process is typically much shorter.

It’s important to check your policy for these specific time frames. Failing to adhere to your insurance company’s deadlines could jeopardize your ability to recover compensation. Reach out to a lawyer if you’re unsure about the requirements or deadlines for your UM claim. They can review your policy, clarify these details, and take the necessary steps within the appropriate time limits to get your claim underway.

Contact an Arizona Car Accident Lawyer

Are you dealing with the aftermath of an accident with an uninsured driver in Arizona? You don’t have to face this challenging situation alone. Contact the legal team at Mushkatel, Gobbato, & Kile, P.L.L.C. today for an initial consultation. We can help you understand your rights and handle the process of filing your uninsured motorist claim.

Visit Our Arizona Car Accident Law Offices

attorney image

About the Author

Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…