What happens if I get into a car accident in Arizona and the other driver doesn't have insurance?
Car accidents are stressful enough — but finding out the other driver has no insurance can make things even worse. Unfortunately, this happens more often than you’d think in Arizona. According to recent studies, nearly 1 in 8 drivers nationwide are uninsured, and Arizona consistently ranks among the states with higher rates.
So, what are your options if you’re hit by an uninsured driver in Arizona?
1. Check Your Own Insurance Coverage
Arizona law requires all drivers to carry minimum liability insurance, but not everyone follows the rules. If the at-fault driver has no coverage, your own insurance may step in — depending on your policy.
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Uninsured Motorist (UM) Coverage: Pays for injuries and damages when the other driver doesn’t have insurance.
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Underinsured Motorist (UIM) Coverage: Helps if the other driver has insurance, but not enough to cover your losses.
👉 Pro tip: UM and UIM are optional in Arizona, but highly recommended.
2. Personal Injury Claim Against the Driver
You may have the right to file a personal injury lawsuit against the uninsured driver directly. However, many uninsured drivers lack the financial resources to pay out-of-pocket, even if you win in court.
3. Other Potential Sources of Compensation
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Your Health Insurance: May cover medical bills, though you may owe copays and deductibles.
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MedPay Coverage: Optional auto insurance coverage that pays medical bills regardless of fault.
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Third-Party Liability: If another factor contributed (like poor road maintenance), you might have a claim against another party.
Frequently Asked Questions? (FAQ)
1. Am I required to carry uninsured motorist coverage in Arizona?
No. Arizona does not require UM or UIM coverage, but it must be offered to you when you buy a policy. You can reject it in writing — though it’s strongly recommended to keep it.
2. What if I don’t have UM coverage and the other driver is uninsured?
You may need to use your health insurance, MedPay, or pursue a lawsuit against the driver. Unfortunately, recovery can be limited if the driver has no assets.
3. Will my insurance rates go up if I use UM coverage?
Usually no — UM/UIM coverage is meant to protect you when another driver is at fault. Your premiums should not increase just for using this coverage.
4. How long do I have to file a claim?
In Arizona, you typically have two years from the date of the accident to file a personal injury claim. Insurance claims should be reported as soon as possible.
5. Do I need a lawyer if the other driver doesn’t have insurance?
Yes — these cases can get complicated. A lawyer can help you identify all possible sources of recovery and negotiate with your own insurance company.
👉 Injured in a car accident in Arizona? Don’t try to negotiate with the insurance company armed only with Google search results and a headache. Let an experienced Arizona personal injury attorney take the wheel — so you can focus on healing instead of paperwork.
Click below to “Free case evaluation” — it’s free, fast, and less painful than your last run-in with the other guy’s bumper. 🚗💥
Disclaimer
The information on this page about Arizona uninsured motorist accidents is for general informational purposes only and is not legal advice. Each case is different. For advice about your specific car accident in Arizona , consult with a licensed Arizona personal injury attorney that can handle your personal injury or car accident claim.