Legal guide
Hit by an Uninsured Driver in Arizona: How UM and UIM Coverage Works
A meaningful share of Arizona drivers carry no insurance at all, and many more carry only the minimum. When one of them injures you, the claim usually turns on coverage you already bought: uninsured and underinsured motorist protection on your own policy.
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UM and UIM, in one minute
Uninsured motorist (UM) coverage pays for your injuries when the at-fault driver has no liability insurance — including hit-and-run crashes where the driver is never identified. Underinsured motorist (UIM) coverage pays when the at-fault driver has insurance but not enough: their policy pays its limit, and your UIM covers the gap up to your own limit. Arizona insurers are required by A.R.S. § 20-259.01 to offer both; drivers are not required to buy them — which is exactly why checking your own declarations page is step one after a serious crash.
It is not "suing yourself"
A UM/UIM claim is a contract claim on coverage you paid premiums for — it does not raise your rates for an accident that was not your fault, and pursuing it is not disloyalty to your insurer. But it is still an injury claim: you must prove the other driver’s fault and your damages, and your own insurer’s adjuster evaluates the claim the same way an opposing insurer would. People are routinely surprised that their own company negotiates against them; expect it and document accordingly.
The order of operations
- Identify every policy in play: the at-fault driver’s liability coverage, your UM/UIM, policies of relatives in your household, and any policy on the vehicle you occupied
- For UIM: settle with the at-fault driver’s insurer for their limit first — but get your own insurer’s written consent before signing their release, or you can jeopardize the UIM claim
- Give your insurer prompt notice of a potential UM/UIM claim; policies impose notice and cooperation duties
- For hit-and-run: report to police promptly — documentation of the unidentified driver is what supports the UM claim
When the insurer will not pay fairly
Your insurer owes you a duty of good faith on a UM/UIM claim. Lowballing, unreasonable delay, or refusing to investigate can expose it to a bad-faith claim beyond the policy limits — leverage an unrepresented claimant almost never has. If you were hit by an uninsured or underinsured driver, bring your declarations page to the consultation; coverage analysis is the first thing we do on a car accident case.
Common questions
What happens if the at-fault driver has no insurance in Arizona?
Your own uninsured motorist (UM) coverage, if you carry it, pays for your injuries up to its limit. Without UM, options narrow to suing the driver personally — rarely collectible — which is why UM coverage matters more than almost any other line on a policy.
Does a hit-and-run count as an uninsured motorist claim?
Yes — UM coverage applies when the at-fault driver is never identified. Prompt police reporting and scene documentation are what support the claim.
Will using my UM/UIM coverage raise my insurance rates?
Arizona insurers should not surcharge you for a claim arising from an accident that was not your fault. UM/UIM is coverage you purchased for exactly this situation.
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