Getting hit by another driver is bad enough, but finding out they don’t have insurance? That can turn a stressful situation into a legal and financial nightmare. If you’re not at fault and the other driver is uninsured in Arizona, you could be left wondering who’s going to pay for your medical bills, car repairs, or lost income. In this guide, we’ll discuss what you need to know and what you can do next.
What Happens If the Person At-Fault in an Accident Has No Insurance in Arizona?
If the at-fault driver doesn’t have insurance, you can’t file a claim with their provider, because there isn’t one. In that case, you may need to rely on your own coverage or sue the driver directly, but that doesn’t always mean you’ll get paid.
Though Arizona law requires all drivers to carry minimum liability insurance: $25,000 for bodily injury per person, $50,000 per accident, and $15,000 for property damage, reality might be different. About 11% of drivers on Arizona roads don’t carry this coverage, leaving victims on the hook unless they’re protected. If an uninsured driver hits you, and you’re not prepared, there may be no insurance company to step in and cover your losses.
But let’s look at how different situations can play out in Arizona when the at-fault driver doesn’t have insurance:
- You have uninsured motorist (UM) coverage
Your own insurance steps in to cover medical expenses, lost wages, and sometimes even pain and suffering. This is your best-case scenario when the other driver has no insurance. Arizona doesn’t require UM coverage, but if you have it, you’re protected even if the other driver isn’t. - You don’t have UM coverage.
In this case, you’ll need to pay out of pocket or use your health insurance and collision coverage, if available. You can sue the uninsured driver directly, but if they don’t have assets, you may recover nothing, even with a judgment in your favor. - You’re partially at fault for the crash.
Arizona follows a pure comparative fault rule, meaning your compensation gets reduced by your percentage of fault. For example, if you’re 20% at fault and have $10,000 in damages, you can only recover $8,000. But if the other driver is uninsured, you’ll likely need to rely on your own coverage for that portion, or consider suing the at-fault driver for theirs, knowing recovery may still be limited. - You were hit in a hit-and-run.
Arizona treats hit-and-run drivers like uninsured motorists. If you have UM coverage, it can apply. If not, you may be stuck with your own bills unless the police find the driver and they have insurance or assets. - You’re driving without insurance, even though you weren’t at fault.
If that’s you who was driving without insurance, you can still pursue damages, but you’ll face penalties for not being insured, such as fines, license suspension, and possibly an SR-22 requirement.
Each of these situations can drastically change how your claim plays out. That’s why having the right insurance and legal help in time can make all the difference when the other driver can’t cover the damage they caused. Moreover, there are a few more important points to know when handling your case after being hit by an uninsured driver.
Key Things to Know When Filing a Claim Against an Uninsured Driver in Arizona
When the other driver is at fault but doesn’t have insurance, the claims process isn’t as straightforward. Even if you’ve done everything right, such as carried insurance, followed the law, you still need to take specific steps to protect your claim and make sure you’re not left holding the bill. If you were in a car accident without insurance, here’s what you need to know:
- Notify your insurance company immediately.
Even if you weren’t injured, report the crash to your insurer as soon as possible. Arizona insurance companies have strict deadlines for uninsured motorist (UM) claims, and missing one could cost you coverage. Delays raise red flags and may give the insurer a reason to reduce or deny your claim. - Make sure the police report is accurate and complete.
A detailed police report is critical. It should clearly identify the at-fault driver and note that they had no valid insurance. If this isn’t included or there’s missing info, follow up with the responding agency, because your insurer will rely heavily on that report to determine liability. - Gather and keep all documentation.
From medical records and vehicle repair estimates to photos of the scene and receipts for out-of-pocket expenses, every piece of evidence helps prove your losses. Your insurer will want proof, especially when there’s no third-party company to verify damages. - Be prepared for extra questions and scrutiny.
UM claims tend to face more pushback because your own insurance company is now the one paying out. Expect more questions, paperwork, and potentially slower responses. Anything unclear, like delayed treatment or missing receipts, could delay or reduce your claim. - Track all communication in writing.
Keep a written record of every call, email, or message with your insurance adjuster. If the process drags or you get conflicting information, having a clear paper trail makes it easier to escalate your case or involve an attorney if needed. - Don’t assume the insurer will offer full value.
Even though you’re their customer, insurance companies still aim to pay as little as possible. If the offer doesn’t cover all your medical costs, lost income, or other damages, you have the right to negotiate or hire an attorney to fight for a fair amount.
Filing a claim in this situation is more than just paperwork, but a legal and financial minefield. You’ve done your part by staying insured. Now it’s about protecting your right to full compensation, even when the other driver failed to do theirs. And if your claim hits a wall or doesn’t fully cover your losses, you still have the right to sue the uninsured driver directly, though collecting anything will depend on whether they have income or assets worth going after.
Can You Sue an Uninsured Driver in Arizona?
Yes, you can sue an uninsured driver in Arizona, but whether it’s actually worth it depends on what they have to lose. If the driver who hit you doesn’t have insurance, you’re legally allowed to take them to court to recover damages for medical bills, car repairs, and other losses. The problem? Many uninsured drivers have little to no income, property, or assets, which is often why they’re uninsured in the first place. So even if you win, collecting can be nearly impossible.
That said, there are cases where suing an uninsured driver is worth it:
- If the uninsured driver has a steady job, the court may allow wage garnishment.
- If they own property, you might be able to place a lien on it.
- If they’re involved in future legal or insurance claims, your judgment may be enforceable down the line.
But these processes take time, and they don’t guarantee results. Before filing a lawsuit, it’s smart to have an attorney evaluate whether the driver has any assets that are realistically collectible. If not, you could end up spending more chasing the judgment than you’ll ever recover. That’s why, in most cases, your best option for getting compensated is still through your own uninsured motorist coverage, if you have it.
How Our Arizona Injury Lawyers Can Help You Move Forward
Dealing with an uninsured at-fault driver is overwhelming, especially when you’re trying to recover from injuries, fix your car, and figure out how to pay for everything. At Esquire Law, our car accident lawyers team handled countless claims involving uninsured drivers, and we know how to uncover every available path to compensation through your own policy, legal action, third-party coverage, or lawsuit.
t our firm, we fight for real people who are stuck with real problems caused by someone else’s recklessness. If you’ve been hit by an uninsured driver, don’t take the risk of going it alone or leaving it as it is. Let us step in, take on the stress, and fight for what you’re owed.