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An Uninsured Driver Hit Me in Arizona: What Are My Options?
Getting hit by another driver is scary enough on its own. Finding out that driver has no insurance? That can feel like the ground just dropped out from under you. Medical bills are piling up, your car is damaged, you may be missing work, and the person who caused all of it cannot pay a dime.
Here is the thing: being hit by an uninsured driver in Arizona does not mean you are out of options. It means you need to know where to look. This guide breaks down exactly what you can do after an uninsured driver hits you in Arizona, and why calling an attorney sooner rather than later can make a real difference.
If you want to skip ahead and talk through your situation right now, schedule a free consultation with Wood Injury Law. There is no cost and no obligation.
How Common Is This in Arizona?
Unfortunately, uninsured drivers are not rare in Arizona. A meaningful portion of drivers on Arizona roads carry no liability insurance at all, even though state law requires it. Arizona mandates minimum liability coverage of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $15,000 per accident for property damage. Those are the legal minimums. But requiring insurance and enforcing it are two different things, and plenty of drivers simply do not carry it.
This means that whether you are driving in Mesa, sitting at a red light in Phoenix, or commuting through Gilbert or Chandler, there is always a chance the car next to you has no coverage at all.
Your First Step: Check Your Own Insurance Policy
This surprises a lot of people, but your own car insurance policy may be your most important resource after an uninsured driver hits you. Here is why.
Uninsured Motorist Coverage (UM Coverage)
Arizona does not require drivers to carry uninsured motorist coverage, but insurance companies are required to offer it. If you accepted it when you set up your policy, you are in a much better position after a crash with an uninsured driver.
Uninsured motorist coverage (often called UM coverage) is designed specifically for this situation. It steps in to cover your medical bills, lost wages, pain and suffering, and other damages when the at-fault driver has no insurance. Essentially, your own insurance company acts as a stand-in for the driver who should have been covering those costs.
Pull out your policy or call your insurance agent as soon as possible after the crash and ask directly: do I have UM coverage, and how much?
Underinsured Motorist Coverage (UIM Coverage)
Underinsured motorist coverage works similarly, but it applies when the at-fault driver has some insurance, just not enough to cover your damages. For example, if the driver who hit you carries only the minimum $25,000 in bodily injury coverage but your medical bills are $80,000, your UIM coverage can help fill that gap.
Medical Payments Coverage (MedPay)
Some Arizona drivers also carry MedPay coverage, which helps pay medical expenses regardless of who was at fault. If you have it, it can help cover your immediate medical costs while other claims are being sorted out. Speak with an attorney about your specific situation to understand how MedPay interacts with your other claims.
Not sure what your policy includes? Reach out to Wood Injury Law for a free consultation. We can help you understand your coverage and figure out the best path forward.
Can You Sue an Uninsured Driver Directly?
Yes, you can file a lawsuit directly against the uninsured driver who hit you. Arizona law gives you two years from the date of the accident to file a personal injury lawsuit under A.R.S. 12-542. That clock starts running the day of the crash, so do not wait.
The practical challenge with suing an uninsured driver is collecting on a judgment. Many uninsured drivers lack insurance precisely because they do not have the financial resources to pay for it. Even if a court awards you $150,000 in damages, getting that money from someone with no assets and no income is extremely difficult.
That said, it is not always hopeless. Some uninsured drivers do have assets, income, or other resources that could be used to satisfy a judgment. An attorney can help you investigate whether suing the at-fault driver directly makes sense in your specific case.
Arizona’s Pure Comparative Fault System
One thing that works in your favor in Arizona is the state’s pure comparative negligence law (A.R.S. 12-2505). Under this rule, you can recover compensation even if you were partially at fault for the crash. Your damages are simply reduced by your percentage of fault.
For example, if you were found to be 20% at fault and your total damages were $100,000, you would still recover $80,000. This is an important protection, because insurance companies and defense attorneys often try to shift blame onto accident victims to reduce what they have to pay out.
This matters in uninsured motorist claims too. If your own insurance company tries to claim you were partially at fault to reduce your UM payout, Arizona’s comparative fault rules still apply and still protect you.
What About Hit and Run Accidents?
A hit and run is a slightly different situation. The driver who hit you may be unknown, which means you cannot serve them with a lawsuit or negotiate with their insurer. However, uninsured motorist coverage typically extends to hit and run accidents as well. The unknown driver is treated as an uninsured motorist for purposes of your UM claim.
If you were involved in a car accident in Mesa, Phoenix, Tempe, or anywhere else in Arizona and the other driver fled the scene, contact an attorney right away. There are specific steps you need to take to protect your UM claim in a hit and run situation.
Steps to Take After Being Hit by an Uninsured Driver
1. Call the Police
Always report the accident to law enforcement. A police report documents the crash and creates an official record that the other driver was at fault and uninsured. This report is critical for both UM claims and any potential lawsuit.
2. Gather Information at the Scene
Get the other driver’s name, address, phone number, driver’s license number, and license plate number even if they say they have no insurance. Take photos of both vehicles, the scene, and any visible injuries.
3. Seek Medical Attention Immediately
See a doctor as soon as possible, even if you feel okay at first. Some injuries, including brain injuries, do not show symptoms right away. Delaying medical care can also hurt your claim, because insurers often argue that a gap in treatment means the injuries were not serious.
4. Notify Your Own Insurance Company
Report the accident to your insurance company promptly. Be careful about what you say and do not accept any recorded statements or settlement offers without first speaking to an attorney.
5. Talk to a Personal Injury Attorney
This is one of the most important steps you can take. An experienced car accident lawyer can review your policy, investigate the crash, deal with the insurance companies on your behalf, and make sure you do not leave money on the table. Josh Wood is a former insurance defense attorney, which means he knows exactly how insurance companies think and what tactics they use to minimize payouts.
Ready to talk? Contact Wood Injury Law for a free consultation today.
Why Hiring a Former Insurance Defense Attorney Matters
Not all personal injury attorneys are the same. Josh Wood spent years on the other side of these cases, defending insurance companies and learning their strategies from the inside. Now he uses that knowledge to fight for accident victims in Mesa, Phoenix, Gilbert, Chandler, Tempe, and throughout Arizona.
When you are dealing with an uninsured driver situation, your own insurance company may not be on your side the way you expect. UM claims can be contested just like any other claim. Having an attorney who understands how insurers evaluate and fight these claims is a genuine advantage.
Wood Injury Law handles car accidents, truck accidents, motorcycle accidents, pedestrian accidents, dog bites, wrongful death, and more. We work on a contingency fee basis, which means you pay nothing unless we win your case.
Frequently Asked Questions
How long do I have to file a claim after being hit by an uninsured driver in Arizona?
Under A.R.S. 12-542, you generally have two years from the date of the accident to file a personal injury lawsuit in Arizona. However, your insurance policy may have its own deadlines for reporting claims, so you should contact your insurer and an attorney as soon as possible after the crash. Do not wait until you are close to the deadline.
Do I have to pay a deductible for an uninsured motorist claim?
This depends on your specific policy. Some uninsured motorist policies have deductibles and some do not. Review your policy carefully or speak with your insurance agent. An attorney can also help you understand what your policy requires.
What if the uninsured driver was partially at fault but so was I?
Arizona uses pure comparative negligence under A.R.S. 12-2505. This means you can still recover compensation even if you were partially at fault. Your damages will be reduced by your percentage of fault. For example, if you were 30% at fault and your damages total $50,000, you could still recover $35,000.
Can I recover if the other driver left the scene and I do not know who they are?
In many cases, yes. Uninsured motorist coverage often covers hit and run accidents where the at-fault driver is unknown. The unknown driver is treated as an uninsured motorist. Contact an attorney right away if you were involved in a hit and run, because there are important steps to take to protect your claim.
What if my damages exceed my UM coverage limits?
If your damages are greater than your UM policy limits, you may still have options, including suing the at-fault driver directly, pursuing other potentially liable parties, or exploring other coverage that may apply to your situation. Speak with an attorney about your specific situation to understand what options are available to you.
Talk to Wood Injury Law Today, At No Cost to You
Being hit by an uninsured driver in Arizona can feel overwhelming, but you do not have to figure this out alone. Josh Wood and the team at Wood Injury Law are here to help you understand your options, protect your rights, and fight for the compensation you deserve.
We offer free consultations with no pressure and no obligation. And because we work on a contingency fee basis, there is no fee unless we win your case. Serving Mesa, Phoenix, Gilbert, Chandler, Tempe, Glendale, and all of Arizona.
Schedule your free consultation with Wood Injury Law right now. Let us put Josh’s inside knowledge of the insurance industry to work for you.
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