What Happens if I Was Hit by an Uninsured Driver?

Being involved in a car accident is stressful, and discovering that the at-fault driver lacks insurance can add to your concerns. In Arizona, where approximately 11.9% of drivers are uninsured, it’s crucial to understand your options and rights in such situations.

Arizona’s Insurance Requirements

Arizona law mandates that all drivers carry minimum liability insurance: $25,000 for bodily injury per person, $50,000 per accident, and $15,000 for property damage. Despite these requirements, many drivers remain uninsured, leaving others vulnerable in accidents.

Uninsured Motorist Coverage (UM)

To protect against uninsured drivers, Arizona insurers offer Uninsured Motorist (UM) coverage. While not mandatory, UM coverage is highly recommended. It helps cover medical expenses, lost wages, and other damages when the at-fault driver lacks insurance. If you have UM coverage, you can file a claim with your insurer to seek compensation.

Legal Recourse Without UM Coverage

If you don’t have UM coverage, you can pursue a lawsuit against the uninsured driver. However, collecting damages can be challenging if the driver lacks sufficient assets. In such cases, even a favorable court judgment may not result in actual compensation.

Recent Arizona Case Highlight

In August 2023, the Arizona Supreme Court ruled in favor of drivers injured by uninsured or underinsured motorists. The court allowed policyholders to “stack” UM coverages if multiple vehicles are insured under a single policy, potentially increasing the compensation available to victims. This decision underscores the importance of understanding your insurance policy’s provisions and seeking legal advice when dealing with uninsured drivers.

Steps to Take After an Accident with an Uninsured Driver

1. **Report the Accident**: Contact law enforcement immediately to document the incident.

2. **Gather Evidence**: Collect information from the scene, including photos, witness statements, and the other driver’s details.

3. **Notify Your Insurer**: Inform your insurance company about the accident promptly.

4. **Consult an Attorney**: Seek legal advice to explore your options for compensation and to navigate the complexities of dealing with uninsured drivers.

Understanding your rights and options is essential when dealing with accidents involving uninsured drivers. For personalized guidance and to discuss your case, contact Hirsch Talcott at 602-903-6000 for a free consultation.

Where to get help

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