Dealing with Uninsured or Underinsured Drivers After a Car Accident in Arizona

Getting into a car accident is stressful enough. Discovering that the other driver lacks adequate insurance or has none at all makes the situation worse. Despite legal requirements in most states, not all drivers carry auto insurance. According to the Insurance Research Council, 1 in 3 drivers in the U.S. are either uninsured or underinsured. 

At Stone Canyon Law, we help Arizona drivers navigate the unique legal and insurance landscape in these difficult situations. If you’ve been hit by someone without enough insurance, understanding your rights under Arizona law is essential.

We’ve outlined what you need to know and how to protect your rights if you’re involved in a car accident with an uninsured or underinsured motorist in Arizona.

The Problem in Arizona

Arizona law requires all drivers to carry minimum liability insurance. As of 2021, these limits are:

  • $25,000 for bodily injury per person
  • $50,000 for total bodily injury per accident
  • $15,000 for property damage

Unfortunately, not everyone follows the law. Nearly 12% of Arizona drivers are uninsured. Many others carry only the minimum limits — which often fall short of covering serious injuries or damages.

What to Do After an Accident With an Uninsured Driver in Arizona

Regardless of insurance status, here’s what you should do after any car accident in Arizona:

  • Call 911: Report the crash. A police report is essential, especially when dealing with an uninsured or uncooperative driver.
  • Document the Scene: Take photos of the damage, license plates, and surroundings. If the other driver flees the scene, try to remember details and call the police immediately.
  • Exchange Information: If possible, get the other driver’s contact and vehicle info—even if they admit to being uninsured.
  • Seek Medical Attention: Arizona law allows you to recover medical costs, so get evaluated immediately to protect your health and claim.
  • Notify Your Insurer: Arizona has strict deadlines for reporting accidents. Prompt notice helps protect your rights under your policy.

Uninsured and Underinsured Motorist Coverage in Arizona

In Arizona, Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage are optional, but insurance companies must offer it to you. If you declined coverage, it must be documented in writing.

If you have UM/UIM coverage, you can file a claim with your own insurance to help pay for:

  • Medical expenses
  • Lost income
  • Pain and suffering
  • Funeral costs (if applicable)

 

UM covers situations where the at-fault driver has no insurance or in hit-and-run accidents. UIM applies when the driver has some insurance, but not enough to cover your losses.

While your insurer must act in good faith under Arizona law, they may still dispute your claim, delay payment, or offer less than you deserve.

Why You Need an Arizona Personal Injury Attorney

Insurance companies—even your own—may try to reduce or deny your UM/UIM claim. That’s where Stone Canyon Law comes in.

Our Arizona-based attorneys will:

  • Investigate the Accident Thoroughly
  • Communicate and Negotiate with Insurers
  • Calculate Your Full Financial and Non-economic Damages
  • Represent You in Arbitration or Litigation (if needed)

Arizona law allows arbitration of UM/UIM claims, but insurers often try to limit payouts unless challenged. We understand local court procedures, case law, and insurer tactics — and we use that knowledge to protect your rights.

Find more resources on personal injury here: 

What If You Don't Have UM/UIM Coverage?

If you don’t carry UM/UIM insurance, recovering compensation is more difficult but not impossible. You may be able to:

  • Sue the Driver Directly (though many uninsured drivers lack assets)
  • Explore Third-party Liability (e.g., if the at-fault driver was driving for work)
  • File a Claim with Your Health Insurer for Medical Expenses

Arizona does not currently have a state victims’ compensation fund for vehicle-related injuries involving uninsured drivers, which makes having UM/UIM coverage all the more critical.

Arizona’s Statute of Limitations

In Arizona, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. However, insurance policies may have shorter internal deadlines for UM/UIM claims — some as short as 1 year — so early legal advice is essential.

Protecting Yourself Moving Forward

To safeguard your future in Arizona:

  • Review Your Policy: Make sure you have UM/UIM coverage—it’s a relatively low-cost add-on that can make a big difference.
  • Consider Higher Limits: Arizona’s minimum coverage is often insufficient in serious accidents.
  • Drive Cautiously: Stay alert and employ safe driving practices at all times — especially in areas with high rates of uninsured drivers.

Contact Stone Canyon Law Today!

If you’ve been hit by an uninsured or underinsured driver in Arizona, you don’t have to navigate the aftermath alone. Stone Canyon Law is here to advocate for your rights, hold insurers accountable, and help you secure the compensation you deserve.

Contact us today for a free consultation. We’re proud to serve accident victims across Arizona with compassion, integrity, and experience.

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