Getting Hit by an Uninsured Driver in Phoenix Is More Common Than You Think

Arizona consistently ranks among the states with the highest rates of uninsured drivers. According to the Insurance Information Institute, roughly one in eight drivers nationwide carries no auto insurance at all — and in Arizona, that number is even higher. In Phoenix, with its heavy freeway traffic on I-10, I-17, and Loop 101, the chances of crossing paths with an uninsured driver are real.

If you’ve been hit by a driver who has no insurance, your first instinct might be that you’re out of luck. That’s not true. Experienced Phoenix personal injury attorneys can help you explore your legal options — and knowing them quickly can make a significant difference in what you’re able to recover.

Your Legal Options After an Uninsured Driver Accident in Phoenix

There are three main paths forward when the at-fault driver has no insurance. Most people end up using a combination of these, depending on their specific situation.

1. File a Claim Under Your Own UM/UIM Coverage

Uninsured motorist (UM) coverage is designed exactly for this situation. If you carry it on your own auto policy, you file a claim with your own insurer — and they pay for your damages up to your policy limits, just as if the at-fault driver had insurance. Arizona law requires insurers to offer UM/UIM coverage, but drivers can waive it in writing. If you’re not sure whether you have it, check your declarations page or call your insurer right now.

One important thing to understand: even though you’re filing with your own insurer, they are not automatically on your side. Insurers — even your own — have a financial interest in paying out as little as possible. Having a Phoenix personal injury attorney handle the claim can make a real difference in what you receive.

2. Sue the At-Fault Driver Personally

You can file a lawsuit directly against the driver who caused the accident. If you win, the court enters a judgment in your favor. The challenge is that drivers without insurance often have limited assets — collecting on a judgment can be difficult. That said, it’s not always impossible. Some uninsured drivers own property, have wages that can be garnished, or may receive an inheritance down the road. An attorney can help you assess whether this route makes sense in your case.

3. Look for Other Liable Parties

Sometimes the uninsured driver was operating a vehicle owned by someone else — an employer, a family member, or a rental company. In those situations, the vehicle owner may share liability. If the accident happened on a poorly maintained road, a government entity could also bear some responsibility. These angles require investigation, which is another reason to involve an attorney early.

What Does Uninsured Motorist Coverage Actually Pay For?

UM coverage is broader than most people realize. It can cover:

The limits of your UM coverage cap what you can recover through your own policy. If your injuries are serious and your limits are low, pursuing the at-fault driver directly or identifying other liable parties becomes more important.

How Arizona’s Comparative Fault Law Affects Your Recovery

Arizona follows a pure comparative fault rule under A.R.S. § 12-2505. This means your compensation is reduced by whatever percentage of fault is assigned to you — but you can still recover even if you were mostly at fault. For example, if a court finds you were 30% responsible for the crash, you can still recover 70% of your total damages.

Insurers know this rule well and will often try to assign you a higher percentage of fault to reduce their payout. Having a Phoenix personal injury attorney who understands how to document and argue fault is critical to protecting your full recovery.

Steps to Take Right After the Accident

What you do in the hours and days after an accident with an uninsured driver directly affects your ability to recover compensation. Here’s what matters most:

Why an Attorney Makes a Difference in Uninsured Driver Cases

Uninsured motorist claims are not straightforward. Your own insurer will investigate the accident, evaluate your injuries, and make a settlement offer — often one that falls well short of what your case is actually worth. They have experienced adjusters and legal teams working to minimize payouts.

The experienced Phoenix personal injury attorneys have handled hundreds of UM/UIM claims and know exactly how insurers try to undervalue these cases. We gather the evidence, document your damages thoroughly, and negotiate aggressively — or take the case to trial if necessary. You pay nothing unless we win.

For additional resources on Arizona auto insurance requirements, visit the Arizona Department of Insurance and Financial Institutions or review the Arizona financial responsibility statutes at A.R.S. § 28-4009.

Frequently Asked Questions