You did everything right, and someone still ran the light and hit you. Then comes the second blow: the other driver has no insurance, or nowhere near enough to cover what you're facing. It happens more than most people expect. Roughly one in eight Arizona drivers is uninsured, and many more carry only the state minimum. If you've been hit by an uninsured driver in Arizona, the good news is that you usually have options, and they often don't depend on the at-fault driver having a dollar to their name.
First, who actually pays after a crash with an uninsured driver?
Arizona is a fault-based state, so the driver who caused the crash is legally responsible for your injuries. The problem is that "legally responsible" and "able to pay" are two different things. Suing an uninsured driver personally is often a dead end, because you cannot collect money that isn't there. That's exactly what uninsured motorist (UM) and underinsured motorist (UIM) coverage exist for. This is coverage on your own auto policy that steps into the shoes of the at-fault driver and pays your damages.
Uninsured vs. underinsured motorist coverage
These two coverages sound alike but solve different problems:
- Uninsured motorist (UM) applies when the at-fault driver has no liability insurance at all, or in a hit-and-run where the driver is never identified.
- Underinsured motorist (UIM) applies when the at-fault driver has insurance, but their limits are too low to cover your injuries. If they carry the Arizona minimum of $25,000 and your medical bills alone are $80,000, your UIM coverage can make up much of the difference.
In Arizona, insurers are required to offer UM and UIM coverage when you buy a policy, but you can reject it in writing. Many drivers do, often without realizing it, to shave a few dollars off the premium. That's why the very first thing to check after this kind of crash is your own declarations page. For a deeper walkthrough of how the coverage works, see our guide on uninsured motorist coverage in Arizona.
What if I don't have UM/UIM coverage?
You may still have paths to recovery. If a family member in your household has a policy with UM/UIM coverage, you may be able to claim under it. If you were a passenger, the driver's policy may apply. There may be a third party who shares fault, an employer if the at-fault driver was working, a bar that over-served an impaired driver under Arizona's dram shop rules, or a vehicle owner who negligently lent their car. An experienced car accident attorney will look for every available policy, not just the obvious one.
Your own insurer is not automatically on your side
Here's the part that surprises people: when you file a UM or UIM claim, you're making a claim against your own insurance company, and it will treat you much like any other claimant. The same adjusters who would minimize a claim from a stranger will do the same to you. They may dispute the severity of your injuries, argue you were partly at fault, or make a fast lowball offer while you're still in treatment.
Arizona law does require your insurer to handle your claim in good faith. If it unreasonably denies or delays a valid UM/UIM claim, it can be liable for insurance bad faith on top of the underlying claim. But you generally have to be prepared to prove your case as if you were suing the at-fault driver directly.
What your claim can recover
A UM/UIM claim covers the same categories of damages a normal injury claim would: medical expenses (past and future), lost wages and reduced earning capacity, property damage in some cases, pain and suffering, emotional distress, and loss of enjoyment of life. Your recovery is capped by the UM/UIM limits you purchased, which is one more reason it's worth carrying more than the minimum.
Watch the deadlines
Two clocks matter here. Your Arizona personal injury statute of limitations gives you two years from the crash to pursue the at-fault driver (A.R.S. § 12-542). Separately, your own policy sets deadlines and notice requirements for UM/UIM claims, and some are shorter than two years. In a hit-and-run, many policies require you to report the crash to police within 24 hours and notify the insurer promptly. Miss those, and a valid claim can be denied on a technicality.
Steps to protect your claim
- Report the crash to the police and get a report number, especially in a hit-and-run.
- Get medical care right away and follow through with treatment, gaps in care are used against you.
- Photograph the scene, vehicles, and your injuries.
- Pull your own auto policy and check for UM/UIM coverage before you talk to an adjuster.
- Don't give a recorded statement or accept an offer from any insurer until you understand what your claim is worth.
How a Phoenix uninsured driver lawyer helps
These cases turn on two things: finding every source of coverage, and proving damages to an insurer that would rather pay less. We identify all applicable policies, handle the UM/UIM claim and its deadlines, push back on bad-faith tactics, and value your claim based on your full future costs, not just today's bills. Our attorneys serve clients throughout Phoenix, Scottsdale, and across Arizona on a contingency fee basis, so there's no fee unless we win.
If you were hit by an uninsured or underinsured driver, call (480) 418-SHER (7437) or reach out online for a free, no-obligation consultation.