If you’re hit by a driver who has no insurance, or not enough insurance to cover your injuries, your own uninsured/underinsured motorist (UM/UIM) coverage can step in to pay for medical bills, lost income, and pain and suffering — but only if you purchased that coverage, since Arizona insurers are only required to offer it, not automatically include it. Arizona has one of the higher rates of uninsured drivers in the country, which makes this coverage far more relevant than most policyholders realize until they need it.
If you’ve been in an accident and are wondering whether this coverage applies to you, here’s how it actually works.
What’s the Difference Between Uninsured and Underinsured Motorist Coverage?
- Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all, or flees the scene (a hit-and-run) and can’t be identified.
- Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits aren’t enough to cover the full extent of your damages.
Do I Automatically Have This Coverage?
Not necessarily. Arizona law requires insurers to offer UM/UIM coverage, but policyholders can reject it in writing. Many drivers don’t realize they declined it, or assume their standard liability policy already covers this situation. Checking your own policy — or having an attorney do it for you — is one of the first steps after an accident with an uninsured or underinsured driver.
How Common Are Uninsured Drivers in Arizona?
Arizona consistently ranks among the states with higher rates of uninsured motorists, which means the odds of being hit by a driver with no coverage, or minimal state-minimum coverage, are meaningfully higher here than in many other states. This is exactly why UM/UIM coverage is worth taking seriously rather than treating it as an optional add-on.
What If the Other Driver Has the State Minimum Coverage?
Arizona’s minimum liability requirements are relatively low, and a serious injury can easily exceed those limits. If the at-fault driver’s policy pays out its maximum and your damages are still not fully covered, your UIM coverage can make up the difference, up to your own policy’s limits.
Can I Stack UM/UIM Coverage From Multiple Policies?
In some circumstances, Arizona allows “stacking” of UM/UIM coverage across multiple vehicles on the same policy, or in limited cases, across multiple policies. Whether stacking applies depends on your specific policy language, which is worth having an attorney review.
What to Do If You Were Hit by an Uninsured Driver
- Still call the police and get an official report, even though the at-fault driver has no insurance.
- Report the accident to your own insurance company to initiate a UM/UIM claim.
- Document your injuries and damages just as thoroughly as you would in any other accident claim.
- Have an attorney review your policy to confirm exactly what coverage applies.
Get Help With Your Uninsured Motorist Claim
At Ruben Law Group, we offer free, no-obligation consultations for accident victims dealing with uninsured or underinsured drivers across Phoenix and Tucson. Se habla español, and there’s no fee unless we recover for you.
Frequently Asked Questions
What if the uninsured driver who hit me fled the scene?
A hit-and-run is generally treated the same as an uninsured motorist claim under most policies, provided the accident is properly reported to police.
Will filing a UM/UIM claim raise my insurance rates?
Rate impacts vary by insurer and state regulation, but UM/UIM claims are generally treated differently than at-fault claims since you weren’t responsible for the accident. An attorney or your agent can clarify your specific policy’s terms.
What if I’m not sure whether I have UM/UIM coverage?
Review your policy declarations page, or have an attorney request a copy from your insurer. Many drivers are surprised to learn what they do or don’t have.
Can I still sue the at-fault driver directly instead of using UM/UIM?
Yes, but if the driver has no insurance or significant assets, a judgment against them may be difficult to collect, which is exactly why UM/UIM coverage exists as a more reliable path to compensation.
Call our Phoenix office at (623) 777-3405 or our Tucson office at (520) 777-1828 for a free consultation. We’re available 24 hours on call — and you pay nothing unless we recover for you.
This article is for informational purposes only and does not constitute legal advice. Every case is different — contact an attorney to discuss your specific situation.