Many Arizona drivers assume that you cannot sue an uninsured motorist after a car accident, but that is not always the case.
About 12% of Arizona drivers are uninsured, so it’s not uncommon for us to be asked, “Can you sue someone without insurance?” Many times, the answer is yes.
This guide explains when suing an uninsured driver for damages makes sense, how an uninsured motorist lawsuit works, and the role of uninsured motorist coverage.
You will see how to handle medical bills, lost wages, pain and suffering, and vehicle repairs after a crash with an at-fault driver who lacks coverage.
You will learn the key evidence to gather, common insurance company tactics, and practical steps that make recovery more likely, even when the other motorist is underinsured or without insurance.
The Sorenson Law Firm brings 130+ years of combined Arizona experience in personal injury, wrongful death, and civil litigation. We handle investigation, evidence, negotiations, and trial when needed.
For answers tailored to your case and a free consultation, speak with a personal injury lawyer today.
Car Accident With Uninsured Driver: What To Know
What Does “Uninsured Driver” Mean Under Arizona Law?
Arizona law requires every motorist to carry minimum liability insurance under A.R.S. § 28-4009. The required limits are $25,000 for bodily injury per person, $50,000 per crash for bodily injury, and $15,000 for property damage (25/50/15).
A driver is “uninsured” if the vehicle has no active liability policy at the time of a car accident. Some drivers present expired cards or canceled policies, which still leaves them uninsured under the statute.
Lack of car insurance does not erase legal responsibility. An at-fault driver who causes damage must pay for injuries and losses under Arizona negligence law.
A civil claim can seek payment for medical bills, lost income, vehicle repair or total loss, and pain and suffering.
- Minimum liability coverage: 25/50/15 under A.R.S. § 28-4009.
- Uninsured status: No active liability policy at the time of the crash.
- Civil liability: The at-fault motorist remains responsible for damage.
How Arizona’s Fault-Based System Affects Your Claim
Arizona is a fault state. The driver who caused the crash must pay for damage. You may file a claim against the at-fault driver or sue an uninsured driver in court.
Many residents add uninsured motorist coverage (UM) or underinsured motorist coverage (UIM) to their own policies, as UM/UIM is offered in Arizona, but you are not required to purchase these add-ons.
Recovery can come from multiple sources:
- A liability claim or lawsuit against the at-fault motorist.
- UM coverage for an uninsured motorist or hit-and-run.
- UIM coverage when the other driver’s limits are too low.
Can You Sue an Uninsured Driver for Damages Under Arizona Law?
Can you sue an uninsured motorist? Yes. You can sue someone without insurance in Arizona. A civil lawsuit allows you to seek compensation for the full scope of your losses. Insurance status does not control your right to sue. It only affects how collection may work after you win.
You may file a claim first or file a lawsuit right away. Many cases start with a demand letter and settlement talks and then move to court if the uninsured motorist refuses to pay. A car accident lawyer can guide timing, evidence, and venue.
What Damages Are Available in an Uninsured Motorist Lawsuit?
Arizona law allows economic and non-economic damages. The goal is to make sure you receive just compensation under the law.
- Economic: Emergency care, surgery, physical therapy, medications, mileage, vehicle repair or total loss, rental car, lost wages, and reduced earning capacity.
- Non-economic: Pain and suffering, loss of enjoyment of life, and inconvenience.
- Out-of-pocket: Towing, child care during treatment, and phone or app fees tied to the claim.
Is It Worth Suing an Uninsured Driver?
The answer depends on collectability. Some uninsured drivers own property, earn steady wages, or hold bank accounts that can satisfy a judgment. Others have few assets. A strategy review can include:
- Asset checks: Property records, employment, vehicles, and bank data.
- Collection tools: Wage garnishment, liens on real property, and bank levies.
- Alternatives: Uninsured motorist coverage claims and structured payment plans.
When injuries are serious, suing an uninsured driver can still make sense, paired with UM/UIM claims to cover gaps.
Arizona’s Legal Standard for Negligence in Uninsured Driver Cases
What You Must Prove To Win
To win a personal injury case, you must prove negligence by a preponderance of the evidence. Your proof must show it is more likely than not that the uninsured driver caused your damage. The elements are:
- Duty: The motorist had a legal duty to use reasonable care.
- Breach: The motorist violated that duty, e.g., running a red light.
- Causation: The breach caused the crash and your injuries.
- Damages: Medical bills, lost wages, and other losses tied to the crash.
Traffic citations, witness statements, scene photos, and medical records build this proof. A citation helps but does not decide the case by itself.
How Comparative Negligence Changes Your Recovery
Arizona uses pure comparative negligence under A.R.S. § 12-2505. Your award drops by your percentage of fault but is not barred. A jury may find each driver shares fault. A $100,000 verdict becomes $70,000 if you carry 30% of the fault.
Who Has the Burden of Proof?
The plaintiff carries the burden to prove negligence and damages. The uninsured driver may raise defenses, dispute injuries, or blame another motorist. Evidence decides these disputes.
How Uninsured Motorist and Underinsured Motorist Coverage Works in Arizona
Understanding UM/UIM and When You Can File a Claim
Uninsured motorist coverage (UM) pays when the at-fault driver has no insurance or flees in a hit-and-run. Underinsured motorist coverage (UIM) pays when the at-fault driver’s liability limits are too low for your loss.
You file a UM or UIM claim with your own insurer and follow the policy terms.
- UM applies to uninsured drivers and unidentified hit-and-run motorists.
- UIM applies when liability coverage runs out and a gap remains.
- Both cover medical losses and can cover pain and suffering.
Do Insurers Have To Offer UM/UIM in Arizona?
Insurers must offer UM/UIM in Arizona, and a policyholder may decline in writing. A UM/UIM claim is a contract claim that follows your insurance policy. Deadlines for notice, medical exams, and proof of loss apply. Missing a policy deadline can delay or damage a claim.
How MedPay and Health Insurance Fit In
Medical payments coverage (MedPay) is optional and pays covered medical bills up to your limit, without regard to fault. Health insurance also pays covered treatment and may seek reimbursement from your settlement under subrogation rules.
A coordinated plan often looks like this:
- Use health insurance and MedPay to keep treatment moving.
- Pursue UM/UIM and the at-fault driver for the full loss.
- Resolve subrogation claims from health insurers at the end.
Examples of Situations Where Suing an Uninsured Driver Makes Sense
When the At-Fault Driver Has Assets or Income
Some uninsured drivers own homes, run businesses, or earn stable wages. A judgment can be collected using post-judgment remedies.
In Maricopa and Pima counties, recording a judgment can create a lien against real property. Garnishment can reach a portion of wages subject to legal limits.
- Home ownership: Record a judgment lien and wait for sale or refinance.
- Steady wages: Seek wage garnishment through the court.
- Bank funds: Request a bank levy after locating accounts.
When Injuries Are Severe and Your UM Limits Are Not Enough
In the event of serious car accident injuries resulting in fractures, surgery, or long rehab, costs can exceed UM/UIM limits. You can file a UIM claim and then sue the uninsured driver for the balance.
Settlement talks may involve your UM/UIM carrier and the motorist at fault. A car accident attorney can coordinate these tracks.
Property-Only Damage or Low-Dollar Losses
For vehicle damage under a few thousand dollars, small claims court can be efficient. Arizona small claims cases run in Justice Court with a limit of $3,500. Standard civil cases in Justice Court cover claims up to $10,000. The Superior Court handles larger cases.
Legal Process for Suing an Uninsured Driver in Arizona
What To Do Right After the Crash
Safety comes first. Call the police, and request a report. Ask the officer to record the other driver’s lack of insurance if confirmed at the scene. Get photos, witness names, and all vehicle details.
Seek medical care, and follow treatment plans. Notify your insurer, and review your UM/UIM and MedPay benefits.
- Document uninsured status on the police report.
- Save photos of damage, skid marks, and roadway layout.
- Collect medical records and receipts from day one.
How To File a Claim and When To File a Lawsuit
Most cases start with a demand letter to the at-fault driver or your UM carrier. Insurance companies may ask for recorded statements and medical authorizations.
A lawsuit can follow if talks stall. The personal injury statute of limitations in Arizona is two years from the crash date under A.R.S. § 12-542. Shorter notice rules apply for claims against public entities.
Where To File and Timelines That Apply
File in Justice Court for claims up to $10,000 and Superior Court for higher amounts. Small claims may fit simple property damage cases up to $3,500.
After filing, serve the defendant, exchange evidence in discovery, and attend mediation if ordered. Trial dates depend on the court’s calendar in Phoenix, Tucson, Mesa, Scottsdale, or Tempe.
What Happens When the Driver Lacks Assets or Flees?
How Do You Collect a Judgment From an Uninsured At-Fault Driver?
After a judgment, you can use post-judgment discovery to locate income and assets. Courts allow debtor exams, written questions, and subpoenas.
Collection tools include wage garnishment, bank levies, and recording liens. Arizona money judgments can be renewed, which keeps collection options open over time.
- Payment plans: Set monthly payments with interest terms.
- Judgment renewal: Extend enforceability if payment is slow.
- Liens: Record the judgment to reach real property.
What if the Crash Is a Hit-and-Run?
UM coverage treats a hit-and-run as an uninsured motorist event when contact occurs or evidence links the unknown vehicle. Report the crash to the police and your insurer. Gather photos, video, and witness names. Your insurer may investigate like an opposing carrier.
Do Insurance Companies Sue Uninsured Drivers?
Can an insurance company sue an uninsured driver? Yes. After paying your UM claim, your insurer can sue the uninsured driver through subrogation.
This action seeks reimbursement and does not limit your rights under your policy. The claim remains between the insurer and the at-fault motorist.
Key Evidence in Uninsured Motorist Lawsuits
Proving Fault and Damages
Strong evidence moves claims and lawsuits toward fair results. Start a file the day of the crash, and keep it current. Include the following:
- Police report with any citations and diagrams.
- Photos of the scene, vehicles, skid marks, and debris fields.
- Bodycam or dashcam video when available.
- Medical records, bills, and doctor opinions on causation.
- Pay stubs, tax returns, and employer letters for lost wages.
- Repair estimates, total loss valuations, and rental invoices.
How To Document the Driver’s Uninsured Status
Arizona agencies and courts recognize several proofs, including:
- ADOT insurance verification responses.
- SR-22 filings and records under A.R.S. § 28-4135.
- Traffic citations for no proof of insurance.
- Insurer letters confirming no coverage on the date of loss.
How To Work With Your UM Insurer Regarding Evidence
UM claims often involve recorded statements, independent medical exams, and deadlines for proof of loss. Keep a clear claim file with all receipts, photos, and communications.
Ask for requests in writing, and keep copies of what you send. A car accident lawyer can push back on unfair demands.
Penalties for Uninsured Drivers in Arizona and Case Impact
Arizona penalizes uninsured drivers with fines, license and registration suspensions, and SR-22 filing duties under A.R.S. § 28-4135.
An SR-22 must stay in place for two years in many cases, and premiums often rise. These penalties do not pay your loss, but they can motivate settlement.
Does Lack of Insurance Prove Negligence?
No. Uninsured status does not prove fault. Your claim still turns on negligent driving and the link to your injuries. A clean proof record wins cases, not the lack of auto insurance alone.
How a Citation Supports Your Case
A citation for a moving violation can support liability in settlement talks. Accident diagrams, officer observations, and measured skid distances can carry weight with insurance companies and juries.
Settlement and Collection Strategies After Judgment
How To Choose Settlement vs. Trial
Weigh injury severity, strength of evidence, and the uninsured driver’s ability to pay. UM/UIM limits matter. A strong case with poor collectability may favor a policy limits settlement and a payment plan with the at-fault driver. A strong case and collectible assets may favor trial.
Tools To Help You Collect Your Award
Arizona law allows structured settlements, stipulated judgments, wage garnishment, and property liens.
Recording the judgment with the county recorder can attach to real property. Bank levies can reach funds after proper legal steps. Bankruptcy by the uninsured motorist can affect collection and may pause efforts.
How Creative Solutions Can Improve Recovery
Some cases resolve with payment plans, consent judgments, or collateral, such as a lien on a vehicle or business equipment. Careful drafting protects your rights and reduces default risk.
Why Hire a Car Accident Attorney in Arizona
An attorney investigates the crash, preserves evidence, and values the claim. The team handles communication with insurance companies, manages UM/UIM policy rules, and files lawsuits when needed. Trial experience matters a great deal when settlement stalls.
- Scene and vehicle inspections with experts when needed.
- Medical record analysis tied to legal causation and damages.
- Negotiation with carriers and defense counsel.
How Do Fees Work in Personal Injury Cases?
Most personal injury cases operate on a contingency fee basis. You pay no fee unless the law firm recovers money for you. Case costs are explained in the fee agreement.
How The Sorenson Law Firm Can Help
Our Tempe-based team brings 130+ years of combined experience in personal injury, wrongful death, and civil litigation. We know Arizona roads, courts, and insurers.
We have guided clients in Phoenix, Tucson, Mesa, Scottsdale, and beyond through uninsured motorist claims and lawsuits with strong results.
We set up claims fast, analyze insurance policies, and gather evidence. Our team tracks medical care, calculates damages, and files before A.R.S. § 12-542 runs. We prepare for mediation and trial from day one, which strengthens negotiation.
How To Get Started Today
Speak with one of our car accident attorneys for a free case evaluation. We will review UM/UIM coverage, discuss whether to sue the uninsured driver, and map a collection plan. Call our Tempe office at 480-839-9500 or contact us online now.
Key Points To Remember
- You can sue an uninsured motorist in Arizona; liability does not depend on car insurance status.
- Arizona’s pure comparative negligence under A.R.S. § 12-2505 reduces damages by your share of fault.
- File a lawsuit within two years of the car accident under A.R.S. § 12-542.
- UM/UIM, MedPay, and health insurance can cover gaps when the at-fault driver has no coverage or low limits.
- Collection from uninsured drivers may require liens, wage garnishment, and bank levies.
- Evidence such as a police report, uninsured status, medical records, photos, and repair documentation helps to win cases.
Additional Resources
- Arizona Revised Statutes § 12-542 – Two-year statute of limitations for personal injury actions.
- Arizona Revised Statutes § 28-4135 – Penalties and SR-22 requirements for driving without insurance.
- Arizona Department of Transportation (ADOT) – Driving and Insurance requirements.
NHTSA – Road Safety – National safety data and guidance on crashes and injuries.
