Arizona Auto Accident Attorney Explains What Happens if You’re Hit by an Uninsured Driver

August 21, 2026 By John Torgenson

Article Summary

  • If you are hit by an uninsured driver in Arizona, you may still have compensation options through uninsured motorist coverage, MedPay, collision coverage, health insurance, or other responsible parties.
  • An uninsured driver is not automatically at fault. Fault still depends on how the crash happened and evidence such as police reports, witness statements, photos, and video.
  • An Arizona auto accident attorney can review your insurance policies, explain your options, and help you avoid settling for less than your claim may be worth.

Uninsured drivers are not rare in Arizona. According to the Insurance Information Institute, about 10.6% of Arizona motorists were uninsured in 2023. Even insured drivers may carry only minimum coverage, which can fall short after a serious collision involving medical bills, missed work, or major vehicle damage.

Being hit by an uninsured driver in a car crash can leave you with immediate questions: Who pays for medical care? Who repairs the car? Can you still bring an uninsured accident claim if the other driver should not have been on the road without insurance?

Many people assume they have no options after a crash with an uninsured driver, but that is not always true. The answer depends on fault, available insurance coverage, and the facts of the crash. Your own policy may include uninsured motorist coverage, and other types of coverage may also help.

Are Uninsured Drivers Automatically at Fault?

A driver is not automatically responsible for a crash simply because they failed to carry insurance. Lack of insurance may create legal and financial problems for that driver, but fault still depends on what happened.

Evidence may include the police report, witness statements, vehicle damage, road conditions, and accident reconstruction. The uninsured driver may still argue that they did not cause the crash or that someone else shares responsibility.

That is why evidence matters in an uninsured driver accident in Arizona. If the insurance company disputes fault, the strength of the claim may depend on how clearly the evidence shows who caused the collision.

What Coverage May Help after an Uninsured Driver Crash?

In Arizona, drivers must carry minimum liability insurance: $25,000 for bodily injury or death to one person, $50,000 for bodily injury or death to two or more people, and $15,000 for property damage. But not every driver follows the law.

If the at-fault driver has no insurance, the next step is to review every possible source of compensation before accepting an insurance decision or settlement offer.

The right option depends on your policy, the facts of the crash, and whether anyone else may be legally responsible. Possible sources may include uninsured motorist coverage, underinsured motorist coverage, collision coverage, MedPay, health insurance, or a claim against another responsible party.

What Is Uninsured Motorist Coverage?

You may be covered if you have uninsured motorist coverage, often called UM coverage. This is coverage you buy for yourself, but it applies when another driver causes a crash and has no liability insurance available.

In many cases, your UM claim is filed with your own insurance company. UM coverage may also apply in some hit-and-run situations, depending on the policy.

Still, filing with your own insurer does not always make the process simple. In an Arizona uninsured motorist claim, your insurer may still investigate fault, review your damages, dispute medical treatment, or offer less than the claim may be worth.

An uninsured motorist lawyer in Arizona can help identify what coverage applies and push back if the insurer undervalues the claim. If the crash happened in the Phoenix area, a Phoenix car accident lawyer can also help with insurance disputes and local claim issues.

What Is Underinsured Motorist Coverage?

Underinsured motorist coverage, or UIM coverage, may apply when the at-fault driver has insurance, but the policy limits are too low to cover your damages.

For example, if your damages are $100,000 and the other driver has only $25,000 in bodily injury coverage, your UIM coverage may help with some or all of the remaining losses, depending on your policy limits. This can matter after crashes involving significant medical bills, long recovery periods, or serious injuries.

Because UM/UIM coverage in Arizona can involve policy limits, exclusions, deadlines, and disputes over damages, it is important to review the actual policy language before assuming what is available. 

Can You Sue an Uninsured Driver?

A lawsuit against the uninsured driver may be possible if the driver’s negligence caused the crash and your injuries. An uninsured driver is still legally responsible for the harm they cause.

The harder question is whether a lawsuit will lead to a meaningful recovery. If the driver has limited income or assets, collecting a judgment may be difficult.

This is also why uninsured motorist coverage can be so important. It may give you a source of recovery even when the at-fault driver cannot personally pay for the damage they caused.

An Arizona car accident lawyer can help evaluate whether filing a lawsuit is worthwhile or whether other insurance coverage may offer a better path.

How Torgenson Law Can Help

Torgenson Law can review every available insurance policy, identify possible sources of compensation, communicate with insurance companies, and evaluate whether a settlement offer reflects the full impact of your injuries.

The firm can also investigate fault, gather evidence, and explain how Arizona car accident insurance laws may affect your claim. Whether your case involves a claim after being hit by an uninsured driver in Arizona, UIM coverage, or a dispute with your own insurer, legal guidance can help you understand what steps to take next.

If you need an Arizona personal injury attorney or help from an Arizona car accident lawyer after a serious collision, Torgenson Law can help you protect your claim and pursue the compensation that may be available under the facts of your case.

Contact Torgenson Law today for a free consultation.

Frequently Asked Questions

What Happens if an Uninsured Driver Hits You?

If an uninsured driver hits you, your own insurance coverage may become important. Uninsured motorist coverage, MedPay, collision coverage, health insurance, or other sources of compensation may help depending on your policy and the facts of the crash.

Do I Need Uninsured Motorist Coverage?

Uninsured motorist coverage can be important because it may protect you when the at-fault driver has no insurance. Without it, recovering compensation may be harder, especially if the uninsured driver has limited income or assets.

What if the Other Driver Does Not Have Enough Insurance?

If the other driver has insurance but not enough to cover your losses, underinsured motorist coverage may help. This coverage can help fill the gap between the other driver’s policy limits and your damages, depending on your own policy.

Can I Sue an Uninsured Driver in Arizona?

Yes, you can sue an uninsured driver in Arizona if their negligence caused the crash. However, collecting money from an uninsured driver may be difficult if they do not have enough assets or income to pay a judgment.

Can My Own Insurance Company Dispute My UM Claim?

Yes. Even though UM coverage comes from your own policy, your insurer may still question fault, injuries, treatment, or the value of your damages. An uninsured car accident lawyer can help respond if the insurance company delays, disputes, or undervalues the claim.

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John Torgenson

John Torgenson is a highly experienced personal injury lawyer with over 20 years of practice in Arizona. He earned his Bachelor’s degree from the University of Utah and his Juris Doctor from Notre Dame. John has a proven track record of securing substantial verdicts and settlements, including an $8.25 million recovery for a gunshot injury victim. His expertise has earned him AVVO ratings and recognition as a Super Lawyer.

John is also a sought-after lecturer on personal injury law, sharing his extensive knowledge with peers and aspiring attorneys. Beyond his legal practice, John is an avid golfer and actively supports organizations like the Military Assistance Mission, Arizona School for the Arts, Page Balloon Regatta, University of Arizona Foundation, Junior Achievement of Arizona, and the Tim Huff Pro Bono Golf Classic.

Passionate about advocating for injury victims, John dedicates his career to battling insurance companies and corporate interests, ensuring that the rights of those who are hurt are vigorously defended.