Being hit by a driver who carries no insurance is one of the most frustrating situations an Arizona accident victim can face. Unfortunately, it is also common — Arizona consistently ranks among states with the highest rates of uninsured drivers. If this has happened to you, you still have meaningful legal options and you should not assume your case is hopeless.

How Common Is This in Arizona?

According to the Insurance Information Institute, roughly one in six drivers on Arizona roads carries no auto insurance at all — despite state law requiring minimum coverage of $25,000 per person and $50,000 per accident for bodily injury. When you factor in underinsured drivers who carry only the minimum, the gap between what victims need and what is available from the at-fault driver grows even larger.

Your First Option: Uninsured Motorist (UM) Coverage

If you purchased uninsured motorist (UM) coverage on your own auto policy, this is your most powerful tool. UM coverage steps into the shoes of the at-fault driver and pays for your medical bills, lost wages, pain and suffering, and other damages — up to your policy limits. In Arizona, insurers are required to offer UM coverage, but it is not mandatory for drivers to carry it. If you have it, use it.

Many people are surprised to learn that filing a UM claim does not raise your premiums the way an at-fault claim would — because you are the victim, not the responsible party. Do not hesitate to use the coverage you have paid for.

Your Second Option: Suing the At-Fault Driver Directly

Arizona law allows you to sue an uninsured driver personally for your damages. The difficulty is collection — if the driver has no insurance, they often have limited personal assets. However, this is not always the case. The driver may own property, have a steady income subject to wage garnishment, or have other collectible assets. An attorney can conduct an asset investigation before you invest heavily in litigation.

It is also worth noting that a judgment entered against an uninsured driver remains enforceable for years in Arizona. If the driver's financial situation improves, you may be able to collect later.

Other Possible Sources of Recovery

Depending on the circumstances of your accident, additional recovery sources may exist beyond the at-fault driver and your own UM coverage:

• Medical payments (MedPay) coverage on your own policy — pays medical bills regardless of fault
• Employer's insurance — if the at-fault driver was working at the time of the crash
• Government liability — if a dangerous road condition contributed to the accident
• Third-party liability — if a vehicle defect, alcohol vendor, or another party shares responsibility

The Insider Perspective: What Insurance Companies Do When You File a UM Claim

Here is something most attorneys will not tell you: when you file a UM claim with your own insurance company, that company effectively puts on its adversarial hat. Your insurer's goal is to pay as little as possible — even on your own policy. Adjusters will scrutinize your medical treatment, challenge your wage loss documentation, and push back on pain and suffering valuations just as aggressively as if they were defending a third-party claim.

Having an attorney represent you in a UM claim is not optional — it is essential. I have seen insurance companies offer UM claimants a fraction of what they are owed simply because the victim assumed their own insurer was looking out for them.

Frequently Asked Questions

Can I still recover damages if the at-fault driver has no assets at all?

Possibly, through your own UM coverage. That is why carrying adequate UM limits is so important. If you do not have UM coverage and the driver has no assets, recovery becomes very difficult — but an attorney can identify other potential sources before concluding that.

Does Arizona require drivers to carry uninsured motorist coverage?

No. Arizona requires insurers to offer UM coverage, but drivers can reject it in writing. If you are unsure whether you have UM coverage, check your declarations page or call your insurance agent today.

What if the uninsured driver fled the scene?

Hit-and-run accidents are typically handled under your uninsured motorist coverage as well. Most UM policies cover hit-and-run situations where the at-fault driver cannot be identified. You should report the accident to police immediately and notify your insurer promptly.

How long do I have to file a UM claim in Arizona?

Your UM policy will specify a deadline, but Arizona's general two-year statute of limitations for personal injury (ARS § 12-542) is the outside boundary. Do not wait — evidence disappears and deadlines can sneak up faster than you expect.

Should I talk to my own insurance company without an attorney?

Be very careful. Even your own insurer can use your statements against you to reduce a UM claim. It is wise to consult an attorney before giving any recorded statement — even to your own insurance company.

Injured in Arizona? Get a Free Case Review Today

Navigating a personal injury claim alone — especially against a well-funded insurance company — is difficult. Attorney Alec Caruso spent years on the inside defending insurance companies before switching sides to fight for Arizona injury victims. That insider knowledge is what he brings to every case.

Call Caruso Injury Law 24/7 at (602) 247-8600, or request your free case review online. You pay nothing unless we win.

This article was written and reviewed by Alec J. Caruso, Esq., licensed Arizona personal injury attorney.