Uninsured and Underinsured Motorist

Car Accident with an Uninsured or Underinsured Driver in Phoenix

Getting into a car collision in is a traumatic event, but the anguish can increase tenfold if you are hit by someone without adequate, or any, auto insurance. How can you possibly recover the expenses associated with your injuries, lost property, loss of income, and pain and suffering if there is no policy in place to compensate you? The answer is something called uninsured/underinsured motorist coverage, a policy you hold which makes up the difference between what you are entitled to, and what the other driver's insurance is able to cover. Here in Arizona, it can literally mean the difference between no money and millions.

Arizona State Law on Phoenix Uninsured Motorist Claims

Under state law, all automobile insurance companies and agents must offer uninsured motorist and underinsured motorist coverage to every policyholder when signing up for a new insurance contract. Uninsured coverage is frequently referred to as UM and underinsured motorist coverage is referred to as UIM. Uninsured and underinsured motorist coverage provides protection when an at-fault driver either does not have any insurance or does not have enough insurance to cover the injuries when you have been involved in an automobile accident in Arizona. Under Arizona law, the insurance agent is required to make sure that if you do not elect these types of coverage, that you sign the insurance declaration page indicating that you understand that the kinds of coverage are optional and that you still do not want them as part of your insurance coverage.

In accordance with state law, all drivers in Arizona must make sure they maintain insurance on the vehicle they are driving. The minimum amount of insurance in Arizona is "15/30" coverage for bodily injury. Bodily injury is often called liability coverage. What this means is that, under a 15/30 policy, the insurance company will pay $15,000 to any one person injured due to the fault of their own insured, and up to $30,000 for everyone injured in the collision due to their insured. Under a 15/30 policy, these will be the limits of payments made even when there is a wrongful death claim or a serious accident claim if you are negligent.

Suing Your Own Insurance Company

Many people mistakenly believe that suing their own insurance company to cover the full amount is somehow unfair. In fact, it is the express purpose of uninsured motorist coverage to pay out such claims, and you paid for the privilege. The fact that your insurance company is dragging its feet is only too common - insurance companies are notoriously reluctant to fill any claim whatsoever, especially large cash settlements. The good news is that with an experienced Phoenix uninsured motorist accident attorney in your corner, you can expect a fair payday.

Should I Sue the Uninsured Driver?

One of the other great misconceptions about underinsured motorist claims is that the other driver must be compelled to pay as well. While a strong argument can be made for justice in that regard, typically drivers without insurance do not hold policies because they simply can't afford them. Suing a party such as this for significant sums may offer some visceral satisfaction, but there is generally little or no money available. Insurance carriers, on the other hands, are grossly profitable corporations who keep enormous cash reserves on hand for precisely this contingency. Moreover, it is the law that they must compensate you for medical bills, lost wages, and pain and suffering if the other driver's policy cannot.

Call Our Knowledgeable Uninsured Motorist Claim Lawyers

The Husband & Wife Law Team offers better resources for going up against predatory insurance company tactics. If you have been in a crash and suffered a serious injury as a result, it is essential to get the costs of that injury covered. Our uninsured motorist accident lawyers in always work on a contingency basis, so we never collect a dime from you unless we win a settlement on your behalf.

Please call The Husband & Wife Law Team or CLICK HERE to submit a Simple Case Form.

Additional Information