Hit by an Uninsured Driver in Phoenix: What Are Your Options?

The moment you learn the other driver is uninsured, the focus shifts to your own insurance policy. Pull out your declarations page — it lists every coverage type and your limits. You are looking for uninsured motorist (UM) coverage. In Arizona, UM coverage is not mandatory, but your insurer was required to offer it to you in writing under A.R.S. 20-259.01. If you never signed a written rejection, Arizona courts have held that UM coverage is automatically included in your policy.

Arizona's minimum UM limits are $25,000 per person and $50,000 per accident for bodily injury. Many drivers carry higher limits — often matching their liability limits. If you purchased UM coverage, it steps in as if you were filing a claim against the at-fault driver's insurance. It covers medical bills, lost wages, pain and suffering, and other damages up to your policy limits.

Also check for underinsured motorist (UIM) coverage, which is separate from UM. UIM kicks in when the at-fault driver has some insurance but not enough to cover your damages. Both UM and UIM are governed by A.R.S. 20-259.01 and must be offered by your insurer. If the at-fault driver has a minimal policy that does not cover your full losses, UIM bridges the gap.

Filing a UM claim is different from a standard third-party claim. You are filing against your own insurance company. While your insurer is obligated to pay valid UM claims, they still have a financial interest in paying less. Do not assume they are on your side. They will investigate fault, question the severity of your injuries, and look for reasons to reduce or deny the claim.

Document everything before filing. Get a copy of the police report confirming the other driver was uninsured. Gather all medical records and bills. Keep receipts for any out-of-pocket expenses related to the accident — prescriptions, medical equipment, transportation to appointments. If you missed work, get written documentation from your employer showing your lost wages.

Be cautious with recorded statements. Your own insurance company may ask you to give a recorded statement about the accident and your injuries. You are generally required to cooperate with your insurer under the terms of your policy, but you have the right to consult an attorney before giving a statement. What you say in a recorded statement can be used to minimize your claim. Stick to the facts and do not speculate about fault or the extent of your injuries.

If you declined UM coverage or it was not included in your policy, your options are more limited — but you are not without recourse. First, check for Medical Payments (MedPay) coverage on your auto policy. MedPay is optional in Arizona and pays for your medical bills regardless of fault. The limits are typically modest — $1,000 to $10,000 — but it can help cover immediate medical expenses.

Your collision coverage will pay for vehicle repairs minus your deductible, but it covers nothing for your injuries. Your health insurance can cover medical treatment, but you will still bear lost wages and pain and suffering out of pocket. Arizona does not have Personal Injury Protection (PIP) — it is a fault state, not a no-fault state — so there is no PIP safety net.

Your remaining option is to sue the uninsured driver directly. Arizona law allows personal injury lawsuits against uninsured at-fault drivers. You can recover medical bills, lost wages, vehicle damage, pain and suffering, and other damages. The practical challenge is collection — many drivers are uninsured precisely because they lack financial resources. A judgment against someone with no assets or income is difficult to collect, though Arizona judgments are valid for 5 years and can be renewed.

You absolutely can sue an uninsured driver in Arizona. File in Justice Court for claims up to $10,000 or in Superior Court for higher amounts. The 2-year statute of limitations under A.R.S. 12-542 applies. You must prove that the other driver was at fault and that their negligence caused your injuries and damages.

The real question is whether you can collect. If the uninsured driver has a job, you can garnish wages. If they own property, you can place a lien on it. If they have money in a bank account, you can levy it. But many uninsured drivers are judgment-proof — they have no meaningful assets or income to seize. An attorney can help you evaluate whether pursuing a lawsuit makes financial sense given the other driver's situation.

Even if collection is uncertain, filing a lawsuit has value. An Arizona judgment is valid for 5 years and can be renewed. The uninsured driver's financial situation may improve over time. A judgment also goes on their credit record and prevents them from easily purchasing property or obtaining loans until it is satisfied. Sometimes the existence of a judgment motivates a payment plan.

Driving without insurance is a civil violation in Arizona under A.R.S. 28-4135. A first offense carries a minimum $500 fine and a 3-month suspension of driving privileges. If a driver commits three or more violations within 36 months, the penalty increases to a minimum $1,000 fine and a 1-year suspension of both the driver license and the vehicle registration.

To reinstate driving privileges after a suspension for no insurance, the driver must obtain an SR-22 filing — a certificate of financial responsibility from an approved insurer. SR-22 requirements typically last 3 years and significantly increase insurance premiums. Despite these penalties, approximately 10.6% of Arizona drivers remain uninsured according to the Insurance Research Council.

The penalties for driving without insurance are separate from your civil claim for damages. The fact that the other driver was violating A.R.S. 28-4135 by driving without insurance is relevant background but does not by itself prove negligence in causing the accident. Your claim must still prove that the other driver was at fault for the crash through their driving behavior.

Arizona follows pure comparative negligence under A.R.S. 12-2505. You can recover damages even if you were partially at fault for the accident. Your compensation is reduced by your percentage of fault, but there is no threshold that bars recovery. If you are found 30% at fault and your damages total $100,000, you recover $70,000.

This matters in UM claims because your own insurance company may try to assign you a higher percentage of fault to reduce what they pay. They have the same financial incentive as any insurance company to minimize the payout. If your insurer argues you were 40% at fault when the evidence supports 10%, that difference significantly affects your recovery.

Do not accept your insurer's initial fault determination without pushback. Review the police report, gather witness statements, and consult an attorney if the fault allocation seems wrong. Your UM claim is essentially a negotiation with your own insurer — and they are not required to offer you a fair settlement on the first attempt.

Arizona's statute of limitations for personal injury is 2 years from the date of injury under A.R.S. 12-542. This applies whether you are filing a UM claim, suing the uninsured driver, or both. For UM claims against your own insurer, Arizona courts have held that the contractual deadline in your policy cannot be shorter than 3 years under A.R.S. 12-555.

For claims against government entities — for example, if a government vehicle hit you or a road defect contributed to the crash — you must file a notice of claim within 180 days under A.R.S. 12-821.01. The lawsuit itself must be filed within 1 year under A.R.S. 12-821. Missing these shorter deadlines can bar your claim even if the general 2-year statute has not expired.

Do not wait to act. Evidence degrades quickly. The police report confirming the other driver was uninsured, witness statements, medical records starting from the day of the crash, and documentation of your damages all need to be gathered promptly. The sooner you build your case, the stronger your position — whether you are negotiating with your own insurer or considering a lawsuit against the uninsured driver.

Were you hit by an uninsured driver in Phoenix? Get your free Injury Claim Check. You will answer a few questions about your accident, injuries, and insurance coverage, and we will provide a personalized report covering your potential claim — including whether your UM coverage applies, your options for recovering compensation, and whether connecting with a Phoenix personal injury attorney makes sense for your situation.

Getting hit by an uninsured driver is frustrating, but Arizona law gives you real options — UM coverage, direct lawsuits, and a pure comparative negligence system that protects your right to recover. Start with the Injury Claim Check. It is free, confidential, and takes about 60 seconds.