What Should I Do If The Other Driver Is Uninsured Or Underinsured?

When you are injured in a car accident in Arizona, the financial and emotional toll can be overwhelming. Despite state laws requiring auto insurance, a significant portion of Arizona drivers remain uninsured or underinsured.

For victims, these challenges intensify when one driver at fault carries little or no insurance. Since 1 in 7 motorists nationwide do not have insurance, there is a likelihood that you will encounter such drivers eventually.

Despite state laws requiring auto insurance, a significant portion of drivers remain uninsured or underinsured in Arizona. For victims, understanding the legal and insurance landscape is critical to securing the compensation needed for recovery

Arizona’s Insurance Requirements

Under Arizona law, drivers must carry auto liability insurance.

The minimum coverage limits for all motorists are as follows:

• $25,000 for bodily injury to one person
• $50,000 for bodily injury to two or more persons in a single accident
• $15,000 for property damage

Despite these requirements, many drivers still opt for the bare minimum, leaving themselves and others exposed if an accident occurs.

Uninsured Motorist (UM) and Underinsured Motorist (UIM) Coverage

Uninsured motorist coverage protects you if an at-fault driver does not have any insurance. On the other hand, underinsured motorist coverage steps in when the available insurance is insufficient to cover your damages.

Both insurance coverage policies are useful, and many victims depend on these coverages. Still, insurers can sometimes use policy language and exclusions to limit payouts. For instance, some policies may automatically adjust UM/UIM limits to the state’s minimum, even if your bodily injury claim exceeds that amount.

While the state mandates that all drivers carry insurance, economic challenges and differing insurance standards from other jurisdictions can leave a gap in protection that can have serious consequences when accidents occur.

Medical Payments (MedPay) Coverage

MedPay coverage is designed to pay for your immediate and necessary medical expenses regardless of fault. Unlike UM or UIM benefits, MedPay is available whether the at-fault driver has insurance or not. Although it is optional in Arizona, many drivers choose to include this coverage because it can help pay hospital bills, emergency treatment costs, and other medical expenses that arise after an accident.

MedPay coverage works independently of liability claims and is particularly useful if you need prompt medical care before a fault is determined. While it does not cover long-term rehabilitation or lost income, MedPay can alleviate the immediate financial burden and work in conjunction with UM and UIM coverages for broader protection.

Optional Medical Payments (MedPay) Coverage

MedPay coverage is designed to pay for your immediate and necessary medical expenses regardless of fault. Unlike UM or UIM benefits, MedPay is available whether the at-fault driver has insurance or not. Although it is optional in Arizona, many drivers choose to include this coverage because it can help pay hospital bills, emergency treatment costs, and other medical expenses that arise after an accident.

MedPay coverage works independently of liability claims and is particularly useful if you need prompt medical care before a fault is determined. While it does not cover long-term rehabilitation or lost income, MedPay can alleviate the immediate financial burden and work in conjunction with UM and UIM coverages for broader protection.

Collision Coverage Versus Uninsured Motorist Property Damage

When your vehicle is damaged in an accident with an uninsured or underinsured motorist, repair expenses can quickly escalate. Some auto policies offer uninsured motorist property damage (UMPD) coverage. This coverage is intended to pay for repairs or replacement of your vehicle when the at-fault driver is inadequately insured to cover property damage.

In Arizona, drivers also have the option of collision coverage. Although collision insurance is not required by law, it covers repair costs when your vehicle is damaged in an accident, irrespective of fault.

Many policyholders opt for collision coverage as it often provides broader protection than UMPD, especially when the cost of repairs is high. These are just a few of the potential insurance policy combinations that can offer you maximum compensation. Knowing which option best suits your financial situation and vehicle value is crucial when purchasing or renewing your policy.

The Legal Process for Seeking Damages for Arizona Auto Accident Claims

If you have been injured by an uninsured or underinsured motorist, your first step should be to report the incident to your own insurer immediately.

The process typically follows these stages:

• Notification and documentation: Report the accident promptly. Ensure that all details — including the scene, witness statements, and exact injuries — are carefully documented.
• Get a medical evaluation: Seek immediate medical treatment. Not only does this address your health, but medical records are a crucial part of your claim. 
• Take photos, save social posts by a defendant, gather video proof and other evidence: Modern technologies — such as dash cam footage and advanced traffic monitoring systems — can be critical in disputes over fault and damage extent. These tools have become invaluable in gathering objective evidence.
• Investigation and negotiation: Insurers may investigate the accident by reviewing the police report documentation and evaluating your medical records. Expect that your insurer will attempt to negotiate a lower payout. If negotiations stall or if your insurer denies the claim, you may need to take legal action. In Arizona, personal injury lawsuits have specific filing deadlines, so it is critical to act promptly to preserve your right to file a claim.
• Avoid early settlements: Insurers may offer settlements before all your losses have been fully calculated. It is important not to accept a settlement prematurely; instead, allow your attorney time to assess long-term impacts, including ongoing medical expenses and lost income.
• Litigation: Should your case go to trial, an experienced personal injury attorney will present all gathered evidence, call expert witnesses if necessary, and argue for maximum compensation based on your documented losses and the extent of the insurer’s liability.

Protect Your Rights and Secure What You Deserve With Big Auto

Even when an at-fault driver is uninsured or underinsured, there is hope for compensation. Your own policy — and the legal remedies available under Arizona law — ensures you have a pathway to recovery. 

Don’t let the financial burden of another driver’s poor insurance choices compound the physical and emotional pain of your injuries. Our skilled attorneys are ready to fight for your rights and ensure you receive every dollar of compensation you deserve. Protect your future by taking decisive action now.

Even when an at-fault driver is uninsured or underinsured, your own policy and the legal remedies available under Arizona law ensure you have a pathway to recovery. Don’t let the financial burden of another driver’s poor insurance choices compound the physical and emotional pain of your injuries.

If you have been injured by an uninsured or underinsured motorist in Arizona, contact Big Auto Accident Attorneys today to schedule your free consultation. Our skilled attorneys are committed to fighting for your rights and ensuring you receive every dollar of compensation you deserve. Protect your future by taking decisive action now.