You did everything right. You bought insurance, you drove carefully, and someone hit you anyway. Then came the second blow: the driver who caused the crash has no insurance, or nowhere near enough to cover your losses.
It feels deeply unfair, and it is. But it does not have to mean you are stuck with the bills. Arizona law and your own insurance policy may give you more options than you realize.
This guide explains how uninsured and underinsured motorist coverage works in Arizona, what to do if you do not have it, and why you should be prepared for a fight even with your own insurance company.
What UM and UIM Coverage Actually Do
Two kinds of coverage protect you from other drivers’ bad decisions:
- Uninsured motorist (UM) coverage pays for your injuries when the at-fault driver has no liability insurance at all.
- Underinsured motorist (UIM) coverage pays when the at-fault driver has some insurance, but not enough to cover your losses. Their policy pays first, and your UIM coverage can help cover the rest, up to your limits.
In both cases, you are making a claim on your own policy. You paid premiums for exactly this protection, and using it should not raise your rates for a crash that was not your fault, though every insurer handles things differently.
Arizona’s Rules: The Offer Requirement and 25/50 Minimums
Arizona does not force you to carry UM or UIM coverage. But state law requires insurance companies to offer it to you when you buy a policy. If you purchase it, the minimum coverage is $25,000 per person and $50,000 per accident, written as “25/50.”
Many people waved off this coverage to save a few dollars, or do not remember whether they have it. Pull out your policy’s declarations page and look for lines labeled “UM” and “UIM.” If you have been in a crash, do this before assuming you have no options. People are often surprised to find coverage they forgot buying.
The context matters here. Arizona’s minimum liability insurance is 25/50/15, and a serious injury can blow through a $25,000 per-person limit quickly. UM and UIM coverage exists precisely because so many drivers on Phoenix roads carry the minimum, or nothing at all.
Hurt in a crash? Get matched with a trusted car accident attorney. Accident Direct connects you with a vetted local lawyer for a free, no-obligation case review. You pay nothing unless you win. Call 1-800-123-4567 or start your free case review →
Hit-and-Run Crashes: Often Treated as Uninsured
Phoenix sees its share of hit-and-run crashes, and they raise an obvious problem: you cannot claim against a driver you cannot find.
Here is the good news. Under many policies, a hit-and-run driver is treated as an uninsured driver, which means your UM coverage may apply. Policies differ on the details, such as reporting deadlines and what proof is required, so read yours carefully and report the crash to the police and your insurer right away.
Remember that leaving the scene of an injury crash is a felony in Arizona. Police take these cases seriously, and a police report is often essential to a hit-and-run UM claim.
No UM Coverage? You Still Have Options
If you skipped UM/UIM coverage, a crash with an uninsured driver is harder, but not hopeless. Your main options include:
- Suing the at-fault driver personally. You can win a judgment against an uninsured driver. The challenge is collecting, since many uninsured drivers have limited assets. A lawyer can assess whether the driver has anything worth pursuing.
- Your health insurance. Use it for your medical care. Your health plan may later claim reimbursement from any recovery, but it keeps treatment moving and bills from going to collections.
- Medical payments (“med pay”) coverage. If your auto policy includes med pay, it can cover medical bills for you and your passengers regardless of fault, up to its limits.
- Other liable parties. In some crashes, someone besides the uninsured driver shares responsibility. An attorney can investigate whether another driver, a vehicle owner, or another party may be on the hook.
The right combination depends on your policy, your injuries, and the facts of the crash. This is exactly the kind of puzzle a free consultation with a lawyer can sort out quickly.
Steps to Take After a Crash With an Uninsured Driver
What you do in the first hours and days matters. Follow these steps:
- Call the police and stay at the scene. Arizona law requires drivers to stop, render reasonable aid, and exchange information. Get a police report; it will be key evidence.
- Document everything. Photograph the vehicles, the scene, your injuries, and the other driver’s license plate and license, if they cooperate.
- Get witness contact information. Independent witnesses are gold, especially in hit-and-run cases.
- Seek medical care promptly. Your health comes first, and gaps in treatment give insurers ammunition to question your injuries.
- Report the crash to your insurer promptly. UM claims are made under your own policy, and policies require prompt notice. Keep your report brief and factual.
- Talk to a lawyer before giving a recorded statement. Yes, even to your own insurance company. Especially to your own insurance company.
Why Your Own Insurer May Fight You
Here is what surprises most people: a UM or UIM claim puts you on the opposite side of the table from your own insurance company. When you make a UM claim, your insurer effectively steps into the shoes of the uninsured driver. Every dollar it pays you comes out of its pocket.
That means your insurer may question whether the other driver was really at fault, dispute how badly you were hurt, argue your treatment was excessive, or use Arizona’s comparative negligence rules to assign you a share of the blame and reduce the payout.
The friendly voice that took your premium payments can turn into a skeptical adjuster fast. You have contractual duties to cooperate with your insurer, but cooperation does not mean accepting a lowball number. An experienced attorney knows how to hold an insurer to the coverage you paid for.
Frequently Asked Questions
Is UM/UIM coverage required in Arizona?
No, but Arizona law requires insurers to offer it to you. If you buy it, the minimum coverage is 25/50: $25,000 per person and $50,000 per accident.
Does UM coverage apply to hit-and-run accidents?
Under many policies, yes. A hit-and-run driver is often treated as uninsured. Policies vary, so report the crash to police and your insurer promptly and review your policy language.
Can I sue an uninsured driver directly?
Yes. The practical challenge is collecting on a judgment, since many uninsured drivers have limited assets. A lawyer can evaluate whether a lawsuit is worth pursuing in your situation.
Will making a UM claim turn my insurer against me?
It can feel that way. In a UM claim, your insurer pays what the uninsured driver should have paid, so it has a financial reason to minimize your claim. That is why many people bring in a lawyer even for claims on their own policy.
Get Connected With a Trusted Car Accident Attorney
Uninsured motorist claims move fast, and policy deadlines are often much shorter than the two-year statute of limitations. The sooner you understand your coverage and your options, the stronger your position. Accident Direct matches you with a vetted local attorney for a free case review, and you pay nothing unless you win. Call 1-800-123-4567 or start your free case review →
Related Reading
- Arizona car accident laws explained
- Arizona statute of limitations for car accidents
- Arizona comparative negligence explained
- What a car accident lawyer costs in Phoenix
This article is for general information only and is not legal or medical advice. Every case is different. For advice about your situation, speak with a licensed attorney.