What Happens If the Person Who Caused the Death Had No Insurance?

In Arizona, if a loved one dies due to the actions of an uninsured driver, you have the right to seek compensation through your own uninsured motorist (UM) coverage. This coverage is designed to protect you when the at-fault party lacks insurance.

Arizona Law and Your Rights

Arizona Revised Statutes § 20-259.01 mandates that insurers offer UM coverage to policyholders. This coverage provides financial protection when the responsible party is uninsured. If you have UM coverage, it can cover medical expenses, lost wages, and other damages resulting from the accident.

Recent Case in Phoenix

In the case of Bither v. Country Mutual Insurance Co., the Arizona Court of Appeals addressed the issue of UM coverage in wrongful death claims. The court ruled that recovery under UM coverage is limited to parties who are both statutory beneficiaries under Arizona’s wrongful death statute and insureds under the policy. This underscores the importance of understanding your policy’s specifics and ensuring adequate coverage.

Statute of Limitations

It’s crucial to act promptly. Arizona law sets a two-year statute of limitations for wrongful death claims, starting from the date of death. Failing to file within this period can result in losing the right to seek compensation.

What To Do Next

First, review your insurance policy to confirm the presence and limits of UM coverage. Then, consult with experienced personal injury attorneys to navigate the complexities of wrongful death claims involving uninsured drivers. 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 guiding you through this challenging time. We operate on a contingency fee basis, meaning you pay no fees unless we win your case.

For more information on our services, visit our personal injury attorneys page. To learn more about attorney Chelsie Talcott, click here. For details on our fee structure, see our fee structure.

Contact Hirsch Talcott at 602-903-6000 for a free consultation. We’re here to help you secure the compensation you deserve.

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.