When you’re injured in an accident and your medical expenses surpass the at-fault driver’s insurance policy limits, it’s crucial to understand your rights and options for full compensation. In Arizona, underinsured motorist (UIM) coverage is designed to address this exact scenario, ensuring that victims are not left bearing the financial burden due to another’s insufficient insurance.
Underinsured motorist coverage is a component of your own auto insurance policy that provides additional compensation when the at-fault driver’s liability limits are insufficient to cover your total damages. According to Arizona Revised Statutes § 20-259.01(G), UIM coverage applies when “the sum of the limits of liability under all bodily injury or death liability bonds and liability insurance policies applicable at the time of the accident is less than the total damages for bodily injury or death resulting from the accident.” This means that if your damages exceed the at-fault driver’s coverage, your UIM policy can cover the difference up to your policy’s limits.
Arizona law mandates that insurance companies offer UIM coverage to policyholders, though acceptance is optional. If you have elected this coverage, it serves as a safety net, ensuring that you can receive full compensation for your injuries even when the at-fault driver’s insurance falls short. It’s important to note that UIM coverage is separate from uninsured motorist (UM) coverage, which applies when the at-fault driver has no insurance at all. Both coverages are crucial for comprehensive protection on the road.
Timeliness is essential when pursuing a UIM claim. Arizona Revised Statutes § 12-555(B) stipulates that you must provide written notice to your insurer of your intent to pursue a UIM claim within three years after the date of the accident. Additionally, you must have made a claim with the at-fault driver’s insurer or filed an action against the at-fault driver within the time limits prescribed by § 12-542, which is generally two years for personal injury claims. Failing to adhere to these timelines can jeopardize your ability to recover under your UIM coverage.
If you find yourself facing medical bills that exceed the at-fault driver’s insurance limits, it’s imperative to act promptly. First, review your own insurance policy to confirm the presence and limits of UIM coverage. Next, notify your insurer in writing of your intent to file a UIM claim, ensuring compliance with the statutory deadlines. Given the complexities involved in these claims, consulting with experienced personal injury attorneys can provide invaluable guidance. 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 advocating for your rights. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. For more information on our fee structure, visit our fee structure.
Don’t let insufficient insurance coverage prevent you from receiving the compensation you deserve. Contact Hirsch Talcott today at 602-903-6000 for a free consultation, and let us help you navigate the path to full recovery.
