Under Arizona state law, every motor vehicle owner must purchase a specific minimum amount of liability insurance coverage to cover damages sustained by other people involved in an auto accident with the policyholder. As you may have unfortunately just learned the hard way, not every driver in the Grand Canyon State abides by this law, which can significantly complicate financial recovery in the wake of a wreck.
Fortunately, you have help available to handle uninsured/underinsured car accidents in Mesa as proactively and efficiently as possible. While representation from legal counsel cannot guarantee successful recovery in every situation, support from the experienced car accident lawyers at Phillips Law Group will substantially increase your chances of success with insurance claims, third-party litigation, or a combination of both as you seek the restitution you deserve.
Getting Paid Fairly After a Crash With an Underinsured Driver
In theory, anyone who gets hurt in a wreck involving another driver should be able to seek compensation for car repair costs, medical bills, and certain out-of-pocket expenses through the other driver’s liability insurance coverage on a no-fault basis, up to policy limits. However, if someone does not have any liability insurance coverage, or if the coverage does not cover all accident-related losses, the next step in the process is generally for the injured person to seek compensation through their own car insurance policy.
More specifically, the next step is for the injured person to take advantage of personal insurance coverage other than liability insurance coverage if they have any. However, while many car insurance providers in Mesa offer uninsured/underinsured motorist (UIM) coverage specifically designed to help with crashes like this, this coverage is generally an optional add-on to insurance policies. It is not possible to go back and request it if it is not already included in a policy at the time a wreck occurs.
Is It Possible to Sue an Uninsured Driver Personally for Damages?
Just like any other type of auto accident in Mesa, it is possible to sue an uninsured or underinsured driver directly if they cause serious injuries and losses through a wreck. However, it should be emphasized that a driver’s car insurance policy—or lack thereof—has no bearing on the determination of civil fault for the wreck itself. It is very much possible for an uninsured driver to be involved in a traffic collision by no fault of their own.
Additionally, many people who drive without auto insurance also have little in the way of personal assets to put towards paying for crash-related losses, which is another factor that can complicate civil litigation. All told, guidance from knowledgeable legal counsel can be key not just to maximizing available restitution after this type of wreck, but also to figuring out what the best course of action for pursuing restitution is in the first place.
A Mesa Attorney Can Help Handle an Uninsured/Underinsured Car Accident Claim
The financial recovery process after a car crash is rarely simple or straightforward for anyone involved, even if it seems obvious who is to blame for the crash. However, uninsured/underinsured car accidents in Mesa are often uniquely stressful situations to deal with, especially if they lead to someone with the proper insurance suffering serious injuries.
Representation from skilled legal counsel is always essential to getting the best possible result from a car accident claim. Call Phillips Law Group today to speak with a member of our team and learn more about how we could assist you.