Car Accident With an Uninsured Driver? What Arizona Laws Say

Car accidents are stressful, but the situation becomes more complex if the other driver lacks insurance. Would you know what to do in this situation? In a perfect world, everyone would obey the law and carry the right type of car insurance. But that’s far from reality.

Arizona, like a lot of states, faces a significant issue with uninsured drivers. Here’s what you need to know about navigating the aftermath of an accident with an uninsured driver in Arizona.

The Reality of Uninsured Drivers in the U.S. and Arizona

An uninsured driver is someone who operates a vehicle without insurance entirely, while underinsured drivers only carry minimum levels of coverage.

According to a 2023 study by the Insurance Research Council (IRC), in 2022, 14.0 percent of motorists, or about one in seven drivers, were uninsured.

Arizona has a notably high rate of uninsured drivers but falls just under the national average. The Insurance Information Institute reports that 11.9% of drivers in Arizona are uninsured. That’s why drivers in Arizona should be well-informed about their rights and legal ramifications if they find themselves in a car accident with an uninsured person.

Legal Obligations in Arizona

Arizona law mandates that all drivers carry a minimum amount of liability insurance:

  • $25,000 for bodily injury per person
  • $50,000 for total bodily injury per accident
  • $15,000 for property damage

However, despite these requirements, many drivers either carry insufficient coverage or none at all. Being involved with an uninsured driver can leave you dealing with substantial financial burdens if you are not adequately protected.

Insurance Coverage Options to Protect Yourself

Arizona allows drivers to purchase Uninsured/Underinsured Motorist (UM/UIM) coverage, which can be a financial lifesaver. Here’s how it works:

  • Uninsured Motorist Coverage (UM): This coverage helps pay for medical expenses when the at-fault driver is uninsured.
  • Underinsured Motorist Coverage (UIM): This kicks in when the at-fault driver’s insurance is insufficient to cover all the damages.

Opting for UM/UIM coverage ensures that you will not be left shouldering extensive costs due to someone else’s lack of insurance.

Immediate Steps to Take After an Accident with an Uninsured Driver

If you find yourself in an accident with an uninsured or underinsured driver, take the following steps immediately:

  1. Ensure Safety and Call Authorities: After any accident, your safety and that of others is the priority. Move to a safe location if possible and call 911 to report the accident. Police reports are crucial for insurance claims, especially when dealing with an uninsured driver.
  2. Gather Evidence: Document the scene by taking photos of both vehicles, road conditions, and any visible injuries. Collect contact information from witnesses and ensure the other driver’s details are recorded, even if they lack insurance.
  3. Seek Medical Attention: Injuries might not be immediately apparent. Prompt medical evaluation helps establish a clear connection between the accident and any subsequent injuries, which is essential for insurance claims.

Potential Challenges You May Encounter With the Claims Process

Filing a claim after an accident with an uninsured driver isn’t always straightforward. Here are common hurdles:

  • Disputed Claims: Insurance companies might push back on claims, especially if liability or the extent of damages is unclear. Keeping detailed records and enlisting professional legal assistance can help overcome such disputes.
  • Delays in Settlements: The process can be lengthy, and requires patience. An attorney specializing in personal injury and uninsured motorist claims can help expedite the process and advocate for your rights.

How to Protect Yourself as an Arizona Driver

As you work through the claims process, your insurer may investigate to confirm that the at-fault driver is uninsured and assess the claim’s validity. Working with an experienced attorney can help streamline this process and ensure fair treatment. Given Arizona’s uninsured driver rate, you may also consider these preventative measures to protect yourself even further:

  1. Add UM/UIM Coverage: It’s an investment that can make a significant difference in unforeseen circumstances.
  2. Increase Your Policy Limits: Higher coverage limits provide more financial protection.
  3. Stay Informed: Understand your policy and know your rights in the event of an accident involving an uninsured driver.

Accidents involving uninsured drivers in Arizona present unique challenges, but being prepared can make all the difference. With adequate UM/UIM coverage and a proactive approach, you can mitigate the financial stress of an unfortunate encounter with an uninsured motorist.

If you find yourself in such a situation, prioritize safety, collect thorough documentation, and consider consulting with an attorney to navigate the claims process. You can always discuss the specifics of your case in a free consultation with an experienced Tucson personal injury lawyer here at Bache Lynch Goldsmith & Mendoza.