Uninsured and Underinsured Motorist Claims in Arizona
When the driver who hit you has no insurance, or nowhere near enough, the coverage that matters is often your own. Arizona requires insurers to offer uninsured and underinsured motorist coverage in writing — and that requirement sometimes puts coverage in place even when a driver believes they declined it.
The difference between UM and UIM
Uninsured motorist coverage applies when the at-fault driver has no liability insurance at all, and typically when a hit-and-run driver is never identified. Underinsured motorist coverage applies when the driver has insurance, but their limits are too low to cover what you actually lost. Serious injuries routinely exhaust a minimum policy in a matter of days of hospital care, which is what makes UIM the more frequently used of the two.
Arizona minimum limits are low relative to real injuries
Arizona sets minimum liability limits every driver must carry, and those minimums are modest compared with the cost of a hospital stay, surgery, or time out of work. When the at-fault driver carries only the minimum, the gap between their policy and your losses is exactly the space UM/UIM coverage is designed to fill.
The written-offer rule — and why it can matter years later
Arizona insurers must offer UM and UIM coverage in writing, in amounts up to the policy's bodily-injury liability limits. That requirement has teeth: when an insurer cannot show a valid written offer was made, coverage can end up applying by operation of law even though the policy shows none. If you were told you have no UM/UIM, the policy file is still worth examining before that answer is accepted.
Where your own insurer starts acting like an opponent
A UM/UIM claim is made against your own carrier, which changes the dynamic: the company collecting your premiums is now the one deciding what your injury is worth. Recorded statements, medical authorizations, and independent examinations all arrive framed as routine. Arizona law requires your insurer to treat you fairly in handling that claim, and an unreasonable denial or delay can become a bad-faith claim in its own right.
Steps that protect a UM/UIM claim
Notify your own insurer promptly, even while fault is still being sorted out. Do not settle with the at-fault driver's carrier before checking your policy — settling and releasing that driver without your own insurer's consent can jeopardize the UIM claim. And gather every policy that might apply, including a household member's or a resident relative's, since more than one may be available. A free, confidential review can identify which coverages are actually in play before a decision closes one off.
Frequently asked questions
The driver who hit me had no insurance. What now?
Your own uninsured motorist coverage is usually the first place to look, and it may also apply in a hit-and-run where the driver is never identified. Notify your insurer promptly and confirm what limits your policy carries.
What if their insurance is not enough to cover my injuries?
That is what underinsured motorist coverage is for — it covers the gap between the at-fault driver's limits and your actual losses. With serious injuries, a minimum-limits policy is exhausted quickly.
My policy says I have no UM/UIM coverage. Is that the end of it?
Not necessarily. Arizona requires insurers to offer that coverage in writing, and where no valid offer was made, coverage can apply anyway. The underwriting file is worth reviewing before accepting a denial.
Should I settle with the other driver before making my UIM claim?
Not without checking first. Releasing the at-fault driver without your own insurer’s consent can put your underinsured claim at risk. Get advice before signing anything.
Related California injury law
Official resources
External links are provided for general reference and are not affiliated with the firm.
This is general information about California injury law, not legal advice. Every situation is different, and deadlines can turn on specific facts.
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