What to Do After an Accident with an Uninsured Driver in Arizona?

Getting hit by an uninsured driver in Arizona isn’t just frustrating, but can leave you with medical bills, car repairs, and no clear way to pay for any of it. And it happens more often than you might think. Roughly 10.6% of drivers in Arizona are uninsured, ranking the state 37th in the nation, despite laws requiring all drivers to carry insurance. That means nearly 1 in 10 vehicles on the road has zero coverage, and if one of them hits you, there’s a good chance they won’t be able to pay a dime toward your injuries or losses.

If you don’t have the right coverage in place or act quickly after a crash, you could end up shouldering those costs yourself. That’s why knowing your rights and your options under Arizona law can make all the difference.

Table of Contents

What to Do After an Accident with an Uninsured Driver in Arizona

When an uninsured driver hits you, the pressure hits fast. You may be dealing with injuries, a totaled car, and the sinking realization that the other driver has no way to pay for any of it. But your next steps can protect your health, your finances, and your right to compensation, especially if you act quickly and keep good records.

1. Call the Police

Whether you’re dealing with a minor fender bender or a serious crash, calling the police is critical. When the other driver has no insurance, having an official police report is often the only way to prove fault and document what happened. This report will be vital for your UM claim and any future legal action. Let the responding officer know the other driver is uninsured, and make sure it’s noted in the report.

2. Seek Medical Attention

Don’t assume you’re okay just because there are no broken bones or bleeding. Many crash injuries like whiplash, concussions, or internal trauma don’t show up right away. If you delay treatment, insurance companies may later question how badly you were hurt. Go to urgent care, the ER, or your doctor as soon as possible. Save every record and receipt.

3. Exchange Information, Even If They Have No Insurance

The other driver may admit they don’t have coverage, or you might find out when they fail to produce proof. Either way, still get their:

Full name and contact info
Driver’s license number
License plate number
Make and model of vehicle
Any statement they make admitting fault or explaining lack of coverage.

Document this interaction clearly as your insurer will want all the details.

4. Take Photos and Videos

Capture the entire scene, including damage to both vehicles, skid marks, street signs, traffic signals, injuries, road conditions, and lighting. Photos help support your version of events if the driver later changes their story, or if your insurer needs proof for a UM claim.

5. Look for Witnesses

Ask anyone nearby—other drivers, pedestrians, people in nearby businesses—if they saw what happened. Get their names and phone numbers. Eyewitness accounts can help establish fault, especially if the uninsured driver disputes it later.

6. Notify Your Insurance Company Immediately

Let your insurer know right away that you were in an accident, and the other driver has no insurance. Be specific and factual. Don’t speculate about fault or injuries, just give them what you know. They’ll open a claim and start the investigation process.

Even though it’s your own insurer, remember: they’re still a business. Document all communication and don’t assume they’ll automatically offer fair compensation.

7. Gather Evidence

Start collecting a full file with:

The police report
Medical records and bills
Proof of lost income (pay stubs, employer letters)
Photos, witness info, and crash notes
Repair estimates or vehicle value documentation

This will strengthen your claim and help your lawyer (if you hire one) prove damages.

8. Talk to an Arizona Car Accident Lawyer

If your injuries are serious, your UM coverage has limits, or your insurance company delays or underpays, talk to a Phoenix-based attorney who knows how to handle uninsured driver cases.

Taking these steps early protects your health and your legal rights, but they’re only part of the picture. The other part is knowing how Arizona’s insurance system works and how to get the compensation you need.

Why Arizona’s Minimum Auto Insurance Coverage Isn’t Enough to Protect You

Arizona law requires drivers to carry a minimum liability insurance policy of:

$25,000 for bodily injury per person
$50,000 per accident for bodily injury
$15,000 for property damage.

But those limits only apply if the at-fault driver actually has car insurance. The problem? Thousands of drivers across Phoenix, Tucson, and throughout the state are on the road without any coverage at all.

To help protect you, Arizona law (under Arizona Revised Statutes § 20-259.01) also requires insurance companies to offer uninsured and underinsured motorist (UM/UIM) coverage, which steps in when the other driver can’t pay.

What Are UM and UIM, and What If You Declined Them?

Not every driver on Arizona roads has coverage, but even insured drivers carry the bare minimum. That’s where uninsured (UM) and underinsured motorist (UIM) coverage come in. Uninsured motorist coverage applies when the at-fault driver has no insurance at all, like a hit-and-run or someone driving with a suspended license. Underinsured motorist coverage applies when the other driver has some insurance, but not enough, which is common with Arizona’s low minimum liability limits ($25,000 per person).

These coverages kick in through your own policy and help pay for medical bills, lost wages, and pain and suffering when the other driver can’t. For example, if you’re rear-ended in Scottsdale and your injuries cost $60,000, but the other driver only has $25,000 in coverage, UIM can cover the gap, if you have it.

But what if you declined this coverage?

Arizona law (A.R.S. § 20-259.01) requires insurance companies to offer UM/UIM in writing, and you must reject it in writing. If your insurer never got a proper waiver, you might still be able to file a claim, even if you think you opted out. If you did waive it correctly, unfortunately, you can’t use UM/UIM for this crash.

That leaves a few limited options: sue the driver (if they have assets), rely on your health insurance, or use med-pay if it’s on your policy.

How Much Coverage Should You Have?

Your payout is limited by the coverage limits you chose when buying the policy. In Arizona, these limits can be as low as $15,000 or as high as hundreds of thousands. For most drivers, $100,000 per person / $300,000 per accident is a recommended baseline, but more coverage offers better protection, especially if you drive often or carry family members.

You may also be able to “stack” coverage across multiple vehicles on your policy, depending on how your plan is written (something Arizona law allows unless your insurer clearly excludes it in writing). In short, UM and UIM don’t just pay bills, they protect your future when another driver’s poor decisions put your health, finances, and stability at risk, but still, you need to follow procedures and deadlines to claim the coverage.

Arizona Legal Deadlines & Claim Timeline

There are strict deadlines that can impact your ability to recover compensation, especially if you plan to file a UM or UIM claim with your own insurance company.

Personal Injury Statute of Limitations in Arizona

Under A.R.S. § 12-542, you typically have two years from the date of the accident to file a personal injury lawsuit against the at-fault driver. That clock starts ticking the day of the crash, even if you’re still recovering or dealing with treatment.

But with uninsured or underinsured motorist coverage, there’s more to know.

UM/UIM Claims Have Their Own Deadline

If you’re filing a claim with your own insurance under UM or UIM, A.R.S. § 12-555 applies. Here’s what it requires:

Written Notice to Your Insurer
You must give written notice to your insurance company within 3 years after the accident—or from the date you reasonably should’ve known the other driver was uninsured or underinsured.
That means if you’re waiting to hear whether the at-fault driver’s policy will cover your bills, the 3-year countdown might not start until that becomes clear. Still, it’s critical to notify your insurer as soon as possible, even if you’re not sure you’ll use UM or UIM. This keeps your options open.
Deadline to File Suit or Arbitrate
After you notify your insurer, you have three more years to either to settle your UM/UIM claim, go to arbitration, or file a lawsuit against your own insurer if they deny or delay your claim.

So in total, you could have up to six years, but only if you meet both deadlines: notice + action. Miss one, and you could lose your right to recover under your own policy.

But the earlier you start, the more control you have over evidence, witnesses, and medical documentation, and your compensation in the results.

What If Your Coverage Doesn’t Help? Suing the At-Fault Driver

Sometimes, even after doing everything right—reporting the crash, filing a claim, working with your insurer—your coverage isn’t enough, or your claim gets denied. So what’s next? Can you sue the at-fault driver?

In Arizona, you can sue an uninsured driver for damages caused by the crash. But here’s the hard truth: most uninsured drivers don’t have assets worth suing for. They may not have savings, property, or income that can be legally seized. Even if you win a judgment, collecting it is often nearly impossible.

So when Is Suing Worth It depends on what you or your lawyer can uncover:

Does the driver own a home or vehicle outright?
Do they have a steady income that could be garnished?
Did they receive an inheritance, settlement, or large asset recently?

If the answer is yes, suing may be a viable option. If not, you may spend time and legal fees chasing money that just isn’t there.

Why Hire a Phoenix-Based Car Accident Lawyer?

Uninsured driver claims in Arizona are complex, with strict deadlines, confusing policy rules, and insurers who often delay or underpay. Our Arizona-based legal team knows how to push back. We’ve handled hundreds of UM/UIM cases across the Valley and know the laws that protect you. We’ll gather your evidence, deal with the insurance company, and fight to get you paid. You focus on healing—we’ll handle the rest. And you don’t pay us unless we win.