How to Handle an Uninsured Driver After a Crash in Arizona
Getting into a car accident is stressful enough—but finding out the other driver has no insurance can turn a bad day into a financial nightmare. Arizona law requires every driver to carry minimum liability insurance, but thousands of motorists are still uninsured. If one of them hits you, the path to compensation gets much more complicated.
Fortunately, you still have options. Whether your crash happened in Tempe or elsewhere in Arizona, understanding the right steps can make the difference between a denied claim and a fair recovery. Here's what to know.
Arizona's Minimum Insurance Laws
Arizona drivers are legally required to carry at least:
$25,000 in bodily injury liability per person
$50,000 per accident
$15,000 in property damage liability
However, the state does not require drivers to carry uninsured motorist (UM) or underinsured motorist (UIM) coverage—which means if you're hit by someone without insurance, you may be relying on your own optional coverage.
Step 1: Call the Police, Even If the Other Driver Objects
Uninsured drivers often try to convince you not to call the police. Don’t fall for it. You need an official record of the crash. Police can:
Document the scene
Confirm the other driver’s lack of insurance
Help prevent false claims later
This is especially important in high-traffic zones like Downtown Tempe, where fault can be disputed and witnesses are more likely.
Step 2: Gather All the Evidence You Can
In addition to the police report, collect:
Photos of the damage, location, and injuries
The other driver’s contact and vehicle info
Names and numbers of any witnesses
Any admission of fault by the driver (documented if possible)
If the crash occurred in a parking lot or residential area, try to locate surveillance cameras or nearby businesses that may have video footage.
Step 3: Check Your Own Insurance Policy
Your options will depend on your coverage. Look for:
Uninsured Motorist (UM): Pays for injuries if the at-fault driver has no insurance.
Underinsured Motorist (UIM): Applies when their coverage isn’t enough.
Collision: Covers damage to your car regardless of fault.
MedPay: Covers medical bills for you and your passengers.
Unfortunately, if you opted out of UM/UIM coverage, your options for recovery may be more limited. This is when consulting an Arizona car accident attorney becomes essential.
Step 4: Understand Your Legal Rights
Even if the other driver is uninsured, you may still be able to pursue a claim by:
Filing a civil lawsuit against the at-fault driver
Filing a claim with your own insurer under your UM/UIM policy
Seeking restitution if the driver is charged criminally
If the other driver was drunk, distracted, or otherwise reckless, you may be entitled to punitive damages as well. These cases are more common in areas like Escalante and Holdeman, where DUI and uninsured rates are higher.
Step 5: Document Your Injuries and Treatment
Even if your injuries seem minor, see a doctor. Injuries like traumatic brain injuries, spinal cord trauma, and soft tissue damage may take days to surface.
Keep:
Medical records and prescriptions
Bills and receipts for all care
A journal tracking your symptoms and recovery
This documentation will support your claim, especially if you pursue compensation through your own policy or a personal injury suit.
What If the Driver Leaves the Scene?
If the uninsured driver flees, your case becomes a hit and run. In this situation, a lawyer can:
Help identify the driver through investigation
File a UM claim on your behalf
Preserve surveillance footage before it's erased
Hit-and-run crashes are unfortunately common in North Tempe and Meyer Park, where traffic congestion makes quick getaways easier.
Should You Hire an Attorney?
If any of the following apply, it's wise to consult a lawyer:
You don't have UM/UIM coverage
Your insurance company is delaying or denying your claim
You suffered serious or long-term injuries
The at-fault driver was impaired or distracted
An attorney can help you explore all compensation avenues, negotiate with your insurer, and determine whether the uninsured driver has assets worth pursuing.
Arizona Law Is on Your Side—If You Act Fast
The statute of limitations for filing a personal injury lawsuit in Arizona is two years. But the sooner you act, the better. Evidence disappears, witnesses forget, and insurers build their case quickly.
You can also check Arizona state legal resources at az.gov or azcourts.gov to understand the broader legal framework.
Don’t let someone else’s bad decision cost you everything. If you were hit by an uninsured driver, start with a free consultation at Tempe Car Accident Attorney.
