Unfortunately, not all Arizona drivers have auto insurance. If an uninsured driver hits you, your own insurance typically serves as your safety net. Understanding how this works can help you recover damages.
Finding relief from UM and UIM coverage
In Arizona, insurers must offer you Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage. You may decline this, but it could leave you vulnerable when accidents occur.
A UM coverage protects you when a driver who has no liability insurance hits you or when you get into a hit-and-run accident. A UIM policy covers you if the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your medical bills and damages.
Taking action against the at-fault party
While UM coverage can offer relief, it has its limitations. Generally, the minimum coverage is $25,000 per person and $50,000 per accident. Unfortunately, this may not be enough to cover medical expenses for a serious injury.
You may choose to file a lawsuit against the at-fault party. However, you have the burden to prove that their negligence caused your injuries and losses. Since Arizona courts follow a pure comparative negligence rule, the other driver can argue that you were mostly at fault to minimize your settlement.
Seeking legal help
When an uninsured driver hits you, the claims process can be stressful. Aside from the pain of your injuries, your insurer can be adversarial. Additionally, you have a maximum of two years to file a lawsuit against the other party.
Seeking legal counsel can be a valuable resource. A personal injury attorney can offer guidance in navigating the legal landscape.
