What Happens If You're Injured by a Driver Without Insurance in Arizona?
An experienced attorney can guide you through the legal process
In Arizona, it’s not uncommon to get hit by a driver who turns out to be uninsured – or underinsured. Thousands of Arizona drivers – about 12 percent of drivers in the state – are uninsured, according to 2022 insurance industry statistics. For injured victims, the fallout is often more than physical – it’s also financial. When the driver who caused the crash can’t pay, victims are left to find their way through a complicated web of insurance claims, coverage exclusions, and legal fine print.
Understanding what actually happens after a crash with an uninsured or underinsured driver is essential. The process of getting compensation is far from straightforward – but the right Arizona car accident lawyer can help you get the best possible outcome.
How uninsured and underinsured motorist (UM/UIM) coverage works in Arizona
Many Arizona drivers carry minimal or no insurance at all. Arizona drivers are required to carry minimum liability insurance: $25,000 per person and $50,000 per accident. But those limits don’t go far in a serious crash. A single trip to the emergency room, surgery, or extended hospital stay can easily blow past a minimal policy – leaving the injured party on the hook for the rest.
When these drivers cause wrecks, victims quickly realize they’re not going to get fair compensation from the person who hit them. Instead, the only remaining option may be filing a claim through their own uninsured or underinsured motorist coverage.
Arizona law requires insurance companies to offer UM and UIM coverage when issuing auto policies, but policyholders aren’t required to accept it. Many drivers decline it to save a few dollars, only realizing the consequences after a crash. But drivers who are in an accident with an uninsured or underinsured driver find it was worth it.
Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance or cannot be identified, as in a hit-and-run. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but not enough to cover the full value of the damages.
Critically, UIM only pays the difference between what the injured person is owed and what they’ve already received from the at-fault party’s insurer. For example, if damages total $150,000 and the other driver’s policy pays $25,000, a UIM policy with a $100,000 limit would only offer up to $75,000 more. Victims must prove not just the severity of their injuries, but that their damages exceed what’s already been paid.
Unlike typical personal injury claims, UM/UIM cases are contractual, not tort-based. That means they’re governed by the specific language and conditions of the insurance policy, not just Arizona’s negligence laws. Every policy is different, and success hinges on knowing how to interpret — and enforce — what’s written in the fine print.
The pitfalls that derail UM/UIM claims in Arizona
Filing a UM or UIM claim may sound like a simple process – after all, it’s with your own insurance company. But insurers often treat their own policyholders as adversaries in these cases. The goal remains the same: minimize payouts.
Insurers frequently dispute fault, question the extent of injuries, or try to void claims based on alleged technical violations. Common issues that derail UM/UIM claims include:
- Failure to notify the insurer in a timely manner after the crash.
- Settling with the at-fault driver without written consent from the UM/UIM insurer (which can void the claim entirely).
- Insufficient medical documentation or long treatment gaps that insurers use to argue the injury isn’t serious or wasn’t caused by the crash.
These claims also carry strict contractual deadlines and require careful application of policy terms. What may seem like a paperwork issue to the policyholder can become a legal basis for denial by the insurer.
Legal strategies for maximizing UM/UIM recovery
To succeed in a UM/UIM claim, the injured person must build their case as though they were preparing for court – even if the matter is ultimately resolved through arbitration. Insurers respond to pressure and claims that are poorly documented or casually prepared are often dismissed or lowballed.
Effective legal strategies include:
- Preserving all crash-related evidence early, including photographs, witness statements, and vehicle damage.
- Securing medical records and expert opinions that clearly tie the injuries to the crash.
- Requesting the full insurance policy, including declarations and exclusions, to understand the scope of coverage.
- Calculating damages with precision – including lost wages, diminished earning capacity, and future medical costs.
- Preparing for arbitration if the insurer refuses to pay a fair amount under the UM/UIM policy.
Setoff provisions and coordination-of-benefits clauses can also reduce what a victim receives, so every aspect of the claim must be reviewed with a legal eye. One misstep, and compensation may be delayed or denied entirely.
What happens after a hit-and-run in Arizona
Hit-and-runs are treated as uninsured driver cases under Arizona law, meaning victims with UM coverage can still file a claim. But there’s a catch: strict rules apply.
The crash must be reported to police within 24 hours, and the insurer must be notified promptly. Corroborating evidence – such as surveillance footage, eyewitness accounts, or damage patterns – may be required to prove the crash occurred as reported. Many hit-and-run UM claims are denied due to lack of verification, even when injuries are severe.
Insurers may also attempt to argue that the incident was staged or caused by the claimant. Legal guidance is often needed to overcome these defenses.
Dealing with insurance companies can be difficult
Driving without insurance in Arizona is against the law. But even if the at-fault driver is fined and has their license suspended, that doesn’t help a crash victim financially. The victim’s own policy may be the only source of compensation for what happened.
Injury victims may be entitled to compensation for:
- Emergency medical care and hospital bills
- Follow-up treatment, physical therapy, and medication
- Lost income or reduced earning ability
- Pain, suffering, and emotional distress
- Future medical needs and long-term disability
These damages must be carefully documented and legally supported. Insurers won’t simply accept an estimate or a verbal report – they demand substantiated, itemized proof.
Victims must also comply with policy conditions and respond to insurer demands without making statements that could later be used to undermine the claim. Legal guidance can help ensure the compensation reflects the true cost of the crash.
Why having the right legal representation changes everything
Insurance companies are prepared for these claims. They have legal departments, adjusters, and playbooks designed to limit payouts – even to their own customers. Victims going through UM/UIM claims alone are at a significant disadvantage.
Legal representation brings the leverage and experience needed to force fair treatment. A knowledgeable attorney can:
- Analyze the insurance policy line-by-line for hidden limits and obligations.
- File civil complaints or compel arbitration when the insurer delays or denies without basis.
- Investigate the crash and prove liability when the at-fault driver cannot.
- Build a strong case with expert testimony and complete financial projections.
With the right advocate, victims are far more likely to recover the full value of their losses – without falling into traps or letting insurers control the narrative.
No bull. No nonsense. Just results.
An uninsured driver hits you, and suddenly you’re left holding the bag. Medical bills. Missed work. Zero accountability from the person who caused it. And your own insurance company? They’ll look for any excuse to delay, deny, or drag things out.
That’s when it pays to have someone who knows how this game works – and doesn’t mess around.
Browne Law Group handles UM and UIM cases with the same no-nonsense approach that we’re known for across Gilbert and Maricopa County. We hold insurers accountable, cut through the red tape, and fight for every dollar you’re owed. No bull. No delays. Just results.
If you were hurt by an uninsured or underinsured driver, talk to an Arizona uninsured motorist accident attorney at Browne Law Group today. Consultations are free. You don’t pay unless we win. When we take your case, we bring the full weight of our experience with us – from start to finish. Contact us today.
“I am very grateful to the Browne Law Group office. The treatment I received in such a difficult process was very comforting. My concern was not being able to express myself, but there they assisted me in my language, which made the process less stressful for me. Adali was very kind and empathetic; she was very attentive. Clara answered all my questions. The lawyer is also a great human being. Thank you very much for your help.” – Josefina L., ⭐⭐⭐⭐⭐
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