Uninsured and Underinsured Motorist Claims in Arizona

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Real Kent Law client, who gave written permission. Past results do not guarantee a similar outcome.

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Client: Unfortunately, I got into an accident. A lot of attorneys didn't want to take the case. Most of them didn't even want to pick it up. They want something real easy, drop in the bucket and you're done. Not Adam. Adam's like, "Bring it on. This is what I live for." Adam likes a challenge. And I wound up getting a settlement that was much nicer than I was expecting. If you need an attorney that isn't afraid of a challenge, that will start to work from day one and really, really go to work for you... Adam Kent is the one you want.

Past results do not guarantee a similar outcome.

Getting hurt by a driver with no insurance, or not nearly enough, is a second blow after the crash. If you're looking for an Arizona uninsured motorist claim lawyer, you're in the right place. We explain what uninsured motorist (UM) and underinsured motorist (UIM) coverage are, who may be covered, what to do after the crash, and which deadlines matter. A UM or UIM claim is a claim against your own insurance company, and it may still try to pay as little as possible. Kent Law is on your side. Call (480) 359-KENT today for a free case review.

What to do after a crash with an uninsured or underinsured driver

The steps you take in the first hours and days can protect your claim. Here is what to do after a crash in Phoenix or the East Valley.

1. Call 911 and get a police report. Phoenix Police handles crashes on city streets. Arizona DPS handles crashes on state highways and freeways. The report records who was involved and whether the other driver showed proof of insurance.
2. Get the other driver's information. Photograph their license, plate, and insurance card. If they have no insurance card, or say they have no insurance, write that down. If the driver takes off, note the plate, the vehicle, and which way they went.
3. Take photos. Get the vehicles, the scene, traffic signals, skid marks, and your injuries.
4. Find witnesses. Get names and phone numbers. Witnesses matter even more when the other driver flees or runs you off the road without touching your car.
5. Get medical care the same day. Some injuries don't show up right away. Same-day records help connect your injuries to the crash.
6. Tell your own insurance company promptly. Your policy may require prompt notice and cooperation. Report when, where, and how the crash happened.
7. Find your declarations page. This page of your policy lists your coverages and limits. Look for uninsured and underinsured motorist coverage.
8. Call us before any recorded statement. An adjuster may ask to record your statement, even an adjuster from your own company. Call (480) 359-KENT before you give a recorded statement to any insurer, including your own. Your policy may require you to cooperate, and we help you do that the right way.

Arizona laws that affect your claim

What UM coverage is

Uninsured motorist (UM) coverage is part of your own auto policy. It may pay for your injuries when the driver who caused the crash has no insurance, or has less than Arizona's minimum limits (A.R.S. § 20-259.01(E)). Under your policy's terms, it may also cover hit-and-run crashes where the driver is never identified.

Uninsured drivers are part of everyday traffic here. The Insurance Research Council estimated that 10.6% of Arizona drivers were uninsured in 2023 (Insurance Research Council, 2023, via the Insurance Information Institute).

What UIM coverage is

Underinsured motorist (UIM) coverage is also on your own policy. It applies when the at-fault driver has insurance, but their total liability limits are less than your total damages. UIM applies to the difference (A.R.S. § 20-259.01(G)). UM and UIM are separate coverages that apply to different situations (A.R.S. § 20-259.01(H)).

Arizona's minimum limits don't go far

Arizona's minimum liability limits are $25,000 per person and $50,000 per accident for bodily injury, plus $15,000 for property damage (A.R.S. § 28-4009). A serious injury can go far past what a minimum policy pays. Surgery, a hospital stay, therapy, and months away from work add up fast.

Serious crashes happen every day. In 2024, Arizona had 121,107 crashes, with 1,228 people killed and 54,426 people injured (ADOT, 2024 Arizona Motor Vehicle Crash Facts, Table 1-1, p. 2).

Your insurer had to offer this coverage

Arizona insurers must offer UM and UIM coverage in writing, on a form approved by the state, in limits up to your liability limits. Drivers can decline it (A.R.S. § 20-259.01(A)–(B)). Check your declarations page to see what you have. If you aren't sure, send it to us. We can review your policy with you.

Who may be covered

The policy's named insured is covered. Depending on your policy, household family members, passengers, and people hurt while walking or biking may be covered too. That means UM and UIM coverage may help after pedestrian accidents and bicycle accidents, not just crashes where you were driving.

Hit-and-run and no-contact crashes

Hit-and-run crashes are common in Arizona. In 2024, there were 16,136 hit-and-run crashes, about 13.3% of all crashes. They killed 86 people and injured 4,202 (ADOT, 2024 Arizona Motor Vehicle Crash Facts, Table 5-3, p. 28).

Suppose a driver you can't identify caused your crash without touching your vehicle, for example by running you off the road. You must provide corroboration. That means additional evidence that backs up your account, such as a witness or video (A.R.S. § 20-259.01(M)). Learn more on our hit-and-run accident lawyer page.

A claim against your own insurance company

A UM or UIM claim is a claim against your own insurer. You paid your premiums. Your insurer may still try to pay as little as possible. Its adjusters and lawyers work for the company, not for you.

Your policy may require you to cooperate, give notice promptly, and meet deadlines. So call us early. We help you meet those obligations and protect your claim at the same time.

Which coverage pays first

In general, the at-fault driver's liability insurance pays first. If that isn't enough to cover your damages, your UIM coverage may pay the difference. If the at-fault driver has no insurance, you turn to your UM coverage.

If you were partly at fault

Arizona uses pure comparative fault. If you were partly at fault, your damages are reduced by your percentage of fault. In most cases, it does not bar you from recovering (A.R.S. § 12-2505). Don't assume you have no claim because an adjuster says you share the blame. There are exceptions, such as A.R.S. § 12-711 for some alcohol- or drug-related situations, so talk to us about your facts.

Deadlines

Arizona generally gives you 2 years to file an injury lawsuit against the at-fault driver (A.R.S. § 12-542). The deadlines are shorter when a public entity or government employee is involved. For example, if a city vehicle hit you, or a government employee was driving, a notice of claim is generally required within 180 days (A.R.S. § 12-821.01). The lawsuit must generally be filed within 1 year (A.R.S. § 12-821).

Your policy may also set its own notice and claim deadlines. Call early so none of them slip past you.

Common types of UM and UIM claims

• The other driver had no insurance. You were hurt in a car accident and the at-fault driver had no coverage. Your UM coverage may pay for your injuries.
• The other driver carried only the minimum. Your damages are more than the at-fault driver's policy limits. Your UIM coverage may apply to the difference.
• The driver fled and was never found. Under your policy's terms, UM coverage may apply when a hit-and-run driver is never identified.
• A driver ran you off the road. There was no contact and no identified driver. With corroboration, such as a witness or video, UM coverage may apply.
• You were riding a motorcycle. Riders can suffer severe injuries that a minimum policy can't cover. See our motorcycle accident lawyer page.
• You were a passenger. Depending on the policy, passengers may be covered for injuries caused by an uninsured or underinsured driver.

Evidence and damages

Evidence we gather

• The police report
• Proof of the other driver's insurance status, or lack of it
• Your policy and declarations page
• Your medical records
• Witness statements
• Video from nearby businesses, dashcams, and home cameras
• Crash reconstruction experts and other expert witnesses when a case needs them

Insurance companies look for gaps in a claim. We work to close them first.

Damages you may be able to recover

UM and UIM coverage is for bodily injury. Depending on your case and your policy, you may be able to recover:

• Medical bills
• Future medical care
• Lost wages
• Lost earning capacity
• Pain and suffering

Damage to your vehicle is handled differently. We can explain how that works in your situation.

How Kent Law handles UM and UIM claims

Your insurance company has adjusters and lawyers working to pay as little as possible. We work just as hard for you. Kent Law focuses on personal injury, and we take the fight to the insurance company. We don't back down just because the insurance company is your own.

Jonathan Henry, our Managing Attorney, brings extensive trial experience to the cases he handles. Founding Partner Adam C. Kent has practiced law in Arizona since 2006. He started his career as a prosecutor with the Maricopa County Attorney's Office and founded Kent Law in 2011.

What that means for you:

• Kent Law recovers millions of dollars for injured clients every year.
• We have handled thousands of injury cases.
• We handle negotiated settlements, mediation, arbitration and trial.
• We take on denied and stalled claims, including cases already at the litigation stage.
• Some insurance adjusters and defense attorneys have hired Kent Law for their own injury cases.

When a case needs to go to court, where it is filed depends on court rules and the facts, such as where the crash happened and where the parties live. Phoenix-area and East Valley cases are usually filed in Maricopa County Superior Court, and we regularly file in Pima and Pinal counties too.

Meeting with us is easy. We have one office, in the Ahwatukee area of Phoenix, and we serve Tempe, Chandler, Gilbert, and Mesa from there. We usually meet at our office. If you can't get here, we can come to you at the hospital or at home, or meet by phone or video.

Past results do not guarantee a similar outcome. Every case is different.

What it costs

We handle UM and UIM claims on a contingency fee. No fee unless we win. Your case review is free. Before you sign anything, we explain the written fee agreement and answer your questions.

Talk with a Phoenix uninsured motorist lawyer

You paid for this coverage. You deserve someone fighting to make it work for you. Call Kent Law at (480) 359-KENT to talk about your crash, your policy, and your next steps. Free case review. No fee unless we win.

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This page is general information, not legal advice. Every case is different.