Uninsured Motorist Claims in Arizona: How UM and UIM Coverage Works

An uninsured motorist claim in Arizona is a claim you make with your own auto insurance company when the driver who hurt you has no insurance, or less than the state minimum. If the driver has insurance but not enough to cover your losses, you may have an underinsured motorist (UIM) claim instead. Both depend on your own policy. Arizona insurers must offer uninsured motorist (UM) and UIM coverage, but drivers can turn it down. This guide explains how the coverage works, how to check your policy, who may be covered, and what happens after a crash.

UM vs. UIM: What's the Difference?

Arizona requires drivers to carry liability insurance with minimum limits of $25,000 per person and $50,000 per accident for bodily injury, plus $15,000 for property damage (A.R.S. § 28-4009). Not everyone follows the law. The Insurance Research Council estimated that 10.6% of Arizona drivers were uninsured in 2023 (Insurance Research Council, via the Insurance Information Institute).

UM and UIM coverage exist for those crashes. They are separate coverages, and they do different jobs.

Uninsured motorist (UM) coverage pays for bodily injury or death when the vehicle that caused it isn't insured with at least Arizona's minimum limits (A.R.S. § 20-259.01(E)). The exact terms depend on your policy.

Underinsured motorist (UIM) coverage applies when the at-fault driver does have insurance, but the total liability limits available are less than your total damages. UIM covers the difference (A.R.S. § 20-259.01(G)), up to the limits on your own policy.

Here's a simple example. The driver who rear-ended you carries the $25,000 per-person minimum. Your medical bills, lost wages, and pain add up to more than that. The driver's policy pays its limit. Your UIM coverage may then pay the gap, up to your UIM limit and subject to your policy's terms.

Because UM and UIM are separate coverages (A.R.S. § 20-259.01(H)), you can have one without the other. Check for both.

Is Uninsured Motorist Coverage Required in Arizona?

No. You are not required to buy it. But your insurer is required to offer it.

Under Arizona law, insurers must offer UM and UIM coverage by written notice on a state-approved form. If you, as the named insured, ask for the coverage, the insurer must include it. You can also decline it (A.R.S. § 20-259.01(A)–(B)).

That means two drivers with the same insurance company can have very different protection. One may carry UM and UIM. The other may have turned it down years ago and forgotten. You won't know which group you're in until you look at your policy.

Need help? Call Kent Law at (480) 359-KENT for a free case review. We'll go through your policy with you and explain where you stand. No fee unless we win.

How to Check Your Policy and Who May Be Covered

Your declarations page is the place to start. It's the summary page of your auto policy that lists your coverages and limits.

1. Find your declarations page. If you don't have a copy, ask your insurance company or agent for one.
2. Look for two separate lines: uninsured motorist and underinsured motorist. They may be shortened to UM and UIM.
3. Write down the limits. These are the most your policy will pay under each coverage.
4. Keep the full policy, too. The declarations page is only a summary. The policy spells out the terms, including notice and cooperation requirements and any deadlines.

If you don't see UM or UIM listed, or the page is hard to read, call us. We'll go through it with you.

Who may be covered

UM and UIM coverage isn't always limited to the person whose name is on the policy. Depending on how your policy is written, coverage may reach:

• The named insured, the person who bought the policy
• Household members, as your policy defines them
• Passengers in your insured vehicle
• Pedestrians and cyclists, in some cases, even when they weren't in a car at all

Every policy is different. If you were hurt walking, biking, or riding with someone else, your own policy or a household member's policy may still come into play. Bring every policy you can find to your case review.

How a UM or UIM Claim Generally Works

A UM or UIM claim is a claim against your own insurance company. That changes the picture. The company you've paid for years is now on the other side of the table. It has adjusters and lawyers working to pay as little as possible.

Every claim is different, but most follow the same general path:

1. Notice. You tell your insurer about the crash and the claim. Your policy may require prompt notice, so don't wait.
2. Documentation. You gather proof of what happened and how it affected you: the crash report, medical records and bills, proof of lost income, and photos.
3. Evaluation. The insurer reviews the claim and decides what it thinks the claim is worth.
4. Negotiation. Your side and the insurer go back and forth on value. This is where a well-prepared case matters.

Many UM and UIM claims begin like any other car accident case. The difference is whose insurance is on the hook.

Dealing with your own insurer

Your policy is a contract. It may require you to cooperate with your insurer and give notice promptly. Do that. Don't ignore calls or letters from your insurance company.

Cooperating doesn't mean handling everything alone. Call Kent Law at (480) 359-KENT before you give a recorded statement to any insurance company, including your own. That goes for the at-fault driver's insurer, too. A recorded statement becomes part of the file, and the adjuster can use it when valuing your claim.

Once we're involved, we handle the back-and-forth with the insurer so you can focus on getting better.

Hit-and-Run and No-Contact Crashes

Hit-and-run crashes are common in Arizona. In 2024, the state had 16,136 hit-and-run crashes. They killed 86 people and injured 4,202 (ADOT, 2024 Arizona Motor Vehicle Crash Facts, Table 5-3, p. 28).

When the driver who hit you drives off and is never found, there's no other driver's insurance to claim against. Depending on your policy, UM coverage may be how you pursue compensation for your injuries.

Some crashes involve no contact at all. A driver swerves into your lane, you veer off the road to avoid them, and they keep going. For these unidentified, no-contact crashes, Arizona law requires corroboration: additional confirming evidence, such as a witness or video (A.R.S. § 20-259.01(M)).

That makes evidence urgent after a hit-and-run:

• Get the names and phone numbers of anyone who saw the crash.
• Look for cameras at nearby businesses, homes, and intersections.
• Save any dashcam footage.
• Report the crash to police.
• Photograph the scene, your vehicle, and your injuries.

For more, see our guide on what to do after a hit-and-run in Arizona and our page on hit-and-run accident claims.

Deadlines for UM and UIM Claims

Several clocks may be running at once after a crash.

Your policy's deadlines. Your insurance policy may require prompt notice and set its own deadlines for UM and UIM claims. Read your policy and act early.

The at-fault driver. The deadline to file most injury lawsuits in Arizona, including one against the driver who hit you, is generally 2 years (A.R.S. § 12-542).

Government vehicles and employees. If a public entity or public employee was involved, much shorter rules apply. For example, if you were hit by a city bus, a city truck, or a government employee driving for work, you generally must file a notice of claim within 180 days (A.R.S. § 12-821.01). A lawsuit against a public entity or employee must generally be filed within 1 year (A.R.S. § 12-821).

Missing a deadline can end a claim before it starts. Talk to a lawyer early, while evidence is still fresh.

How Kent Law can help

When your own insurer is the one pushing back, you need someone in your corner who fights just as hard. We fight for every penny of compensation you deserve. Kent Law focuses on personal injury, and we handle the adjusters so you can focus on healing. We have handled thousands of injury cases, and we recover millions of dollars for injured clients every year. Past results do not guarantee a similar outcome.

We work from one office in Phoenix, in the Ahwatukee area, serving Phoenix, Tempe, Chandler, Gilbert, and Mesa. 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.

Learn more about how we handle uninsured and underinsured motorist claims.

Call Kent Law at (480) 359-KENT for a free case review of your UM or UIM claim. No fee unless we win, and we explain the written fee agreement before you sign.

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

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Related: Uninsured and underinsured motorist claims

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