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Phoenix Uninsured or Underinsured Motorist Accident Lawyer

When you’re involved in an accident, you expect the other driver to have insurance to cover damage to your vehicle and any injuries the driver may have caused. What do you do, then, when you find out the driver who caused the accident is underinsured or has no insurance at all?

There is an epidemic of accidents involving uninsured motorists in and around Phoenix. These accidents are a potential source of extreme stress and worry for most drivers, especially when your vehicle is badly damaged, and the other driver does not have adequate car insurance. The financial burden and mental distress can be overwhelming. This is because you’ll likely be responsible for all the costs associated with damages and medical bills that may arise from a crash.

While most responsible drivers in Phoenix carry uninsured motorist coverage on their policy, an accident caused by an underinsured or uninsured driver can cause financial and legal headaches. If you’ve been in an accident with an uninsured motorist, contact a Phoenix uninsured or underinsured motorist accident lawyer at Torgenson Law, who understands how to best protect your rights.

What Happens After an Accident With an Uninsured or Underinsured Motorist?

After an accident with an uninsured or underinsured motorist in Phoenix, there are a few key steps to ensure you are properly compensated for any damages or injury. First, call the police to the scene and make sure an accident report has been filed with your local police department. Second, it is important to contact your insurance agency to provide them with the details of the accident and any contact information for the uninsured/underinsured motorist. Depending on your policy type, your insurance should cover at least some of the costs of the accident.

However, even if you have uninsured or underinsured motorist coverage, you may still be held liable for some of the costs of the accident. In this case, you’ll need to seek legal advice from an experienced Phoenix personal injury attorney. An attorney can evaluate your case and advise you on the best course of action. It’s possible that the uninsured or underinsured motorist may have assets that would allow you to sue for compensation, or an attorney may be able to negotiate a settlement with an underinsured driver’s insurance company.

What if I Don’t Have UM/UIM Coverage?

If you just had an accident with an underinsured motorist and didn’t have uninsured motorist insurance coverage in Arizona, then you’re in a difficult situation. In Arizona, uninsured or underinsured motorist coverage isn’t required by law, but you’re treading on risky ground if you’re in a crash. If you’re involved in an accident with an underinsured motorist in Phoenix, you will be forced to deal with the other driver’s insurance company to cover the cost of damages and medical expenses.

The problem is that the other driver’s insurance company may not be willing to offer enough money to cover the full amount of damages and medical expenses incurred. This will result in you having to pay for some of these costs out of pocket.

In an accident like this, you should immediately contact an attorney to take legal action against the underinsured motorist and their insurance company so you get the compensation you deserve. Many people seek help from a Phoenix uninsured or underinsured motorist accident lawyer to handle such a case. Your attorney can help build a strong case to secure the best compensation possible from the insurance company.

Types of Compensation Our Underinsured Motorist Attorneys Can Seek

In an uninsured motorist accident, Torgenson Law attorneys generally seek compensation for personal injuries and property damage caused by the uninsured driver. The types of compensation we typically look for include medical expenses, wage losses, vehicle repair costs, and pain and suffering.

  • Personal injuries. Medical expenses usually include costs associated with medical treatment, including medication, transportation, and any necessary follow-up care. It may also include long-term care for those more seriously injured. Medical expenses can also cover mental health treatment for emotional distress caused by the accident.
  • Lost wages. Your wage losses may be significant and can include both lost wages and lost earning ability caused by the accident. An attorney will calculate the total amount of these losses based on the injuries sustained, time off work required, and even the loss of opportunity due to negligence of others.
  • Property damage. Vehicle repair costs may include any damage done to the vehicle that resulted from the accident. This usually includes repair costs for replacing parts and paint, car rental costs due to the time it was unavailable for driving, and other damage done to any property in the area.
  • Pain and suffering. Pain and suffering compensation is usually sought for any physical or emotional pain caused by the accident. This can include compensation for physical pain, mental suffering, disability, disfigurement, or any other losses caused by the accident. Pain and suffering compensation is less well defined than other types of compensation, as it relies heavily on a subjective assessment of the victim’s personal experience and long-term needs.

Statute of Limitations on Uninsured Motorist Claims

The statute of limitations in Arizona on an uninsured motorist claim is two years from the date of the incident. This means individuals must bring their case before a court within two years of the date of an accident to have any chance of finding success in court. If you don’t file a timely case, it could be considered legally “time-barred,” and you may not be able to pursue a claim in court.

In Arizona, uninsured motorist claims are governed by the Arizona Uninsured Motorist Statute. This statute establishes the two-year time limit for uninsured motorist claims but also enshrines several other laws related to such claims. For example, the statute outlines the types of losses that can be recovered when an uninsured motorist injures an individual. It also outlines the standard of proof a claimant must meet to be successful in court.

Regardless of the specific details of an uninsured motorist accident, contacting an attorney immediately after an accident with an underinsured or uninsured motorist is essential. This may sound cliché, but time is of the essence. The sooner you act to protect your rights, the better your chances of obtaining adequate compensation for your injuries and damages.

Contact the uninsured motorist’s experts at Torgenson Law for a free evaluation of your case and to learn about the steps you should take next.