Hit by an Uninsured Driver in Arizona? What to Know

If you’re hit by an uninsured driver in Arizona, the fact that the other driver has no insurance does not necessarily mean there are no insurance options to investigate.

Arizona requires drivers to maintain minimum liability coverage, but some motorists still drive without it. Depending on the coverage you purchased and the circumstances of the crash, your own auto policy may become particularly important.

When injuries are significant or insurance coverage is unclear, an experienced personal injury attorney can review the actual policies involved rather than assuming coverage exists—or that it does not.

What Happens If You’re Hit by an Uninsured Driver in Arizona?

Start by treating the accident like any other serious collision: address immediate safety and medical needs, report the crash when required, exchange available information and preserve evidence if you can safely do so.

The insurance investigation comes next.

Arizona requires motor-vehicle liability policies subject to A.R.S. § 28-4009 to carry minimum liability limits of $25,000 for bodily injury or death to one person, $50,000 for bodily injury or death to two or more people in one accident and $15,000 for property damage.

Those are minimum liability requirements. They do not guarantee that every driver on the road actually has valid insurance when a crash occurs.

What Is Uninsured Motorist Coverage in Arizona?

Uninsured motorist coverage, usually called UM coverage, is coverage that may apply to bodily injury or death caused by an uninsured motorist, subject to the policy and Arizona law.

Under A.R.S. § 20-259.01, Arizona insurers writing qualifying motor-vehicle liability policies must make UM coverage available and offer it to the named insured in writing.

That does not mean every Arizona policy automatically includes UM coverage.

The statute also provides that the policy declarations page represents the named insured’s decision to purchase or reject the coverage. That makes the declarations page and actual policy important documents after a crash involving an uninsured driver.

Is UM Coverage Required in Arizona?

No. Arizona requires insurers to offer qualifying customers UM coverage; it does not require every driver to purchase it.

That distinction matters.

Someone can comply with Arizona’s minimum liability-insurance requirement without necessarily carrying UM coverage for injuries caused by another uninsured motorist.

The Arizona Department of Insurance and Financial Institutions likewise describes uninsured and underinsured motorist protection as optional coverage.

If you’re unsure what you purchased, check the declarations page and policy rather than relying on shorthand such as “full coverage.”

What Is the Difference Between UM and UIM Coverage?

They address different insurance situations.

Uninsured motorist coverage (UM) generally addresses qualifying bodily injury or death caused by a motorist who does not have the liability insurance required by Arizona law.

Underinsured motorist coverage (UIM) can become relevant when applicable bodily-injury liability insurance exists but is insufficient to cover the total damages resulting from the accident.

Arizona expressly treats UM and UIM as separate and distinct coverages under A.R.S. § 20-259.01.

That distinction is important because a driver carrying Arizona’s minimum required liability limits is not automatically an “uninsured” driver simply because those limits are insufficient for a serious injury.

What If the Other Driver Has Insurance, but It Isn’t Enough?

That is generally an underinsured-motorist question rather than an uninsured-motorist question.

Arizona’s minimum bodily-injury liability limit is $25,000 per person. A serious injury can create losses that exceed the liability insurance available from the responsible driver’s policy.

Under Arizona’s statutory definition, UIM coverage may become applicable when the total applicable bodily-injury liability limits are less than the total damages resulting from the accident, subject to the statute and policy.

Whether UIM coverage actually applies in an individual case requires review of the available liability insurance, the injured person’s policy and the losses involved.

When injuries are significant, this is a particularly useful point to involve an experienced personal injury attorney. Liability, insurance coverage and the amount that can ultimately be collected are related questions, but they are not the same question.

Does UM/UIM Coverage Pay for Damage to Your Car?

Do not assume that it does.

The Arizona Department of Insurance and Financial Institutions explains that UM and UIM coverages protect against qualifying bodily injury losses but do not pay for damage to your vehicle or other property.

Vehicle damage may instead involve collision coverage or another applicable source of property-damage coverage, depending on what was purchased and the circumstances.

Again, the actual policy controls.

What If the Uninsured Driver Blames You for the Crash?

The lack of insurance does not automatically establish fault.

Arizona follows a pure comparative-negligence system. Hale’s guide to Arizona comparative negligence explains how responsibility can be divided when more than one person contributed to an accident.

An uninsured driver can still dispute liability, and your own insurer may need evidence showing how the crash occurred before first-party coverage is resolved.

Photographs, witness information, police records, video and other evidence can therefore remain important even when everyone agrees that the other driver lacked insurance.

What If It Was a Hit-and-Run?

A hit-and-run can raise additional UM issues because the responsible vehicle or driver may never be identified.

Arizona’s UM/UIM statute specifically addresses claims involving an unidentified vehicle when there was no physical contact. In that situation, A.R.S. § 20-259.01 requires corroborating evidence supporting the insured’s account that the unidentified vehicle caused the accident.

That makes evidence preservation particularly important in a no-contact hit-and-run.

If another vehicle forces you off the road without actually striking your car, do not assume that the absence of physical contact automatically resolves whether coverage is available. The statute and policy should be reviewed carefully.

Why Can an Uninsured-Driver Claim Become Complicated?

Because proving another driver caused the accident is only one part of the analysis.

You may also need to determine:

• whether the other driver actually had applicable insurance;
• whether you purchased UM or UIM coverage;
• which coverage fits the situation;
• what policy limits and terms apply;
• whether multiple policies or vehicles create additional coverage questions; and
• whether the available insurance is sufficient for the injuries involved.

Arizona law even contains specific provisions governing situations in which multiple UM/UIM policies or coverages purchased by one insured may apply.

For a significant injury, those are good reasons to have an experienced personal injury attorney review the actual insurance documents rather than relying on assumptions.

If you were hit by an uninsured driver in Arizona, Hale Injury Law can review the accident and help you understand which insurance and liability issues may affect your situation.

Every accident and insurance policy is different. This information is for general educational purposes and is not legal advice. Past results do not guarantee a similar outcome.

Frequently Asked Questions