Can I Still Recover Compensation If the At-Fault Driver Has No Assets?

Being involved in an accident with an at-fault driver who lacks insurance or personal assets can be distressing. However, Arizona law offers protection through uninsured motorist (UM) coverage, ensuring that victims can still receive compensation for their injuries and damages.

Recent Case in Phoenix

In the case of Assyia v. State Farm Mutual Automobile Insurance Company, the Arizona Court of Appeals addressed the issue of UM coverage. Sylvia Assyia, a 90-year-old woman, was seriously injured in an accident caused by an uninsured driver. Despite initial challenges, the court upheld her right to recover under her UM policy, emphasizing the importance of such coverage in protecting insured individuals. This case underscores the critical role of UM coverage in providing financial relief when the at-fault party lacks insurance or assets.

Arizona Law and Your Rights

Under Arizona Revised Statutes § 20-259.01, insurance companies are required to offer UM coverage with every auto policy. This coverage is designed to compensate you for bodily injuries and damages when the at-fault driver is uninsured. If you have UM coverage, you can file a claim with your own insurer to recover medical expenses, lost wages, and other damages resulting from the accident.

Statute of Limitations

It’s crucial to be aware of the time limits for filing a claim. In Arizona, the statute of limitations for personal injury claims is generally two years from the date of the accident, as outlined in A.R.S. § 12-542. Failing to file within this period may bar you from recovering compensation. Therefore, it’s advisable to consult with an attorney promptly to ensure your claim is filed timely.

What To Do Next

If you’ve been injured by an uninsured driver, taking the following steps can help protect your rights:

1. **Seek Medical Attention:** Prioritize your health by getting a thorough medical evaluation.

2. **Report the Accident:** Notify law enforcement and obtain a copy of the accident report.

3. **Document Everything:** Keep detailed records of medical treatments, expenses, and any correspondence related to the accident.

4. **Consult an Attorney:** An experienced personal injury attorney can guide you through the claims process and advocate on your behalf.

At Hirsch Talcott, our team, including attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, is dedicated to helping injured Arizonans navigate the complexities of UM claims. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. Learn more about why injured Arizonans choose us and our fee structure.

Don’t let an uninsured driver leave you without options. Contact Hirsch Talcott at 602-903-6000 for a free consultation to discuss your case and explore your avenues for compensation.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix wrongful death lawyer to understand your options.