How much can I get from an uninsured motorist claim? When an uninsured motorist claim is filed, payment comes from your UM/UIM coverage and is capped by your policy limits. Arizona uses pure comparative negligence, so any share of fault assigned to you reduces compensation in the same percentage.
Roughly 10–11% of drivers in Arizona carry no insurance, and hit-and-run crashes often involve an uninsured driver. Many Arizona drivers assume their insurer will provide full compensation after a crash with an uninsured driver, but this isn’t always the case.
An uninsured motorist claim works differently from a typical liability claim, and payout outcomes turn on Arizona law and your own policy.
Medical expenses, lost wages, pain and suffering, and property damage can escalate fast after a car accident. This article explains how much you can get from an uninsured motorist claim in Arizona and why it matters.
By the end of this guide, you will know:
- How insurers value uninsured motorist claim payouts.
- What damages are covered.
- How policy limits and stacking can raise available coverage.
- How prior payments and fault allocation affect your recovery.
- The process for filing.
- Documentation checklists.
- Negotiation strategies grounded in Arizona standards.
The Sorenson Law Firm brings 130+ years of combined experience handling UM/UIM claims across Tempe, Phoenix, Mesa, Scottsdale, and Tucson. For a free case review with an Arizona team that understands local insurers and courts, speak with a personal injury lawyer today.
What Is an Uninsured Motorist Claim?
Uninsured motorist coverage steps in after a car accident caused by a driver with no liability insurance or a hit-and-run motorist. The claim is first-party, which means you file a claim with your own insurer under your policy.
UM can pay for bodily injuries and, when included, property damage under a separate UMPD endorsement. The coverage follows the insured, not just the vehicle, so passengers and some household members may qualify under policy definitions.
A sudden rear-end or sideswipe by an uninsured driver can create medical bills, lost wages, and pain and suffering. UM coverage creates a pathway to recovery even when the at-fault driver cannot pay.
How Underinsured Motorist (UIM) Coverage Differs
Underinsured motorist coverage applies when the at-fault driver has insurance but the liability limits are too low for your losses. UIM benefits begin after you exhaust the at-fault driver’s liability limits.
Typical Arizona UM/UIM limits include $25,000 per person and $50,000 per accident, with many drivers selecting $100,000 or higher.
Insurers must offer UM and UIM in writing under ARS § 20‑259.01, and drivers who decline must do so in writing. Selecting meaningful limits gives you protection when a serious injury outstrips the other driver’s insurance.
Do Hit-and-Run and Phantom Vehicle Crashes Qualify?
Yes. UM often covers hit-and-run crashes and “phantom vehicle” scenarios, subject to policy terms. Most policies require prompt reporting to police and the insurer, along with independent corroboration.
Helpful proof includes a 911 recording, dashcam video, surveillance footage from nearby businesses, or a neutral witness statement. Timely steps in Phoenix, Tempe, Mesa, Scottsdale, or Tucson can preserve evidence that satisfies these policy conditions.
How Much Can I Get From an Uninsured Motorist Claim in Arizona?
How Policy Limits Cap Uninsured Motorist Claim Payouts
Your recovery is capped by your UM/UIM policy limits. Many Arizona insurance policies list $25,000/$50,000, $50,000/$100,000, or $100,000/$300,000 limits, with some policies extending higher.
Insurers evaluate bodily injuries, medical expenses, lost wages, and noneconomic loss. The available payout equals your proven damages, reduced by any offsets, up to the policy limit. Higher limits give more protection when injuries are significant.
- Example with $50,000 UM: $65,000 in medical expenses and pain and suffering produces a maximum $50,000 UM payout.
- Example with $100,000 UM: The same $65,000 loss can be paid in full within the limit.
- Underinsured motorist coverage example: At-fault driver carries $25,000 liability; your total damages reach $90,000; your UIM limit is $100,000. After the $25,000 liability payment, UIM can pay up to $65,000, subject to your policy limit and offsets.
Damages Covered by UM/UIM
UM/UIM can cover a wide range of losses tied to an uninsured motorist claim. Claims often include both economic and noneconomic harms. Contract language controls offsets and prohibits double recovery from overlapping sources.
- Medical expenses: ER care, imaging, surgery, physical therapy, medication, and mileage to appointments.
- Lost wages and reduced earning capacity: Time off work, missed overtime, and long-term limitations.
- Pain and suffering: Physical pain, emotional distress, and loss of enjoyment of life.
- Property damage: Only if your policy includes UMPD; collision coverage may apply when UMPD is not present.
Keep copies of bills, receipts, and provider statements. Organized documentation supports higher uninsured motorist claim payouts and smoother negotiation with your insurer.
How Arizona’s Comparative Negligence Affects Your Recovery
Arizona follows pure comparative negligence under ARS § 12‑2505. Your payout is reduced by your percentage of fault, even in a UM or UIM claim. A 20% fault finding reduces a $50,000 valuation to $40,000.
Disputes often center on lane changes, speed, distraction, or following distance.
Arizona’s Legal Standard for UM/UIM Claims
Statutes and Deadlines That Control UM/UIM Claims
Key statutes include ARS § 20‑259.01, which mandates written offers of UM/UIM, and ARS § 12‑555, which sets a three-year period to bring UM/UIM claims from the date you knew or should have known of the uninsured or underinsured status.
This deadline is separate from the two-year personal injury tort deadline for claims against the at-fault driver, commonly applied under ARS § 12‑542. Calendar both timelines to protect every avenue of recovery.
What You Must Prove To Recover Under UM/UIM
The insured carries the burden of proof. You must establish the at-fault driver’s negligence, show that the crash caused your bodily injuries, and prove damages.
Evidence often includes the police report, 911 audio, scene photos, vehicle damage photos, medical records and bills, and wage documentation. A clear record of treatment and consistent complaints across visits strengthens causation and supports fair valuation.
- Negligence: Duty, breach, causation, and damages.
- Proof sources: Officer narratives, diagrammed impact points, imaging results, and provider opinions.
- UIM-specific: Proof of the at-fault driver’s policy limits and exhaustion of those limits.
When UIM Applies and How Offsets Are Handled
UIM applies after the at-fault driver’s liability limits pay out. Your insurer receives credit for those payments.
Policy language may allow or bar stacking of multiple UM/UIM coverages. Some Arizona policies include anti-stacking clauses; others permit stacking across multiple vehicles or policies owned by the household.
Offsets can include MedPay or workers’ compensation in certain scenarios, based on contract terms. Review of declaration pages and endorsements helps reveal the true coverage picture.
Legal Process for Filing an Uninsured Motorist Claim in Arizona
Steps To Take in the First 72 Hours
Early actions shape the outcome of an uninsured motorist claim. Health and safety come first. Once safe, begin preserving your claim rights and evidence.
- Seek medical care, and follow provider instructions.
- Call the police, and request a report number; save 911 call details.
- Notify your insurer of a potential UM/UIM claim in writing.
- Photograph vehicles, roadway, debris, and any visible injuries.
- Collect witness names, phone numbers, and brief statements.
- Avoid recorded statements without legal counsel.
These steps help protect your position for later negotiation with insurance companies and support accurate fault assessment.
How To Build and Submit a Strong Claim Package
Insurers respond best to organized, complete submissions. A strong package addresses liability, injuries, and damages with objective proof.
- Police report, 911 audio, photos, and any video.
- Medical records and bills, treatment plan, and provider narratives.
- Pay stubs, W‑2s/1099s, and employer verification for lost wages.
- Property damage estimates, repair invoices, or total loss valuation.
- A demand letter that explains negligence, causation, and damages with references to exhibits.
Send the package to the adjuster identified for your UM or UIM claim. Keep a copy of everything you submit, and always request written acknowledgment.
Timelines That Apply to UM/UIM Disputes
ARS § 12‑555 gives three years from accrual to bring a UM/UIM claim. Policies impose internal notice deadlines and cooperation clauses.
Many Arizona auto policies require UM/UIM disputes to go to binding arbitration within the state. Some disputes call for a lawsuit against your insurer for breach of contract and, in rare cases, bad faith.
Track each deadline, including the separate two-year tort clock against the at-fault driver.
What Happens When the UM Insurer Disputes Fault or Denies Your Claim?
Low Offers, Delays, or Uninsured Motorist Claim Denied
Adjusters may question liability, argue gaps in treatment, or claim overbilling. A measured response helps move the claim forward and preserves leverage.
- Request the adjuster’s basis in writing and cite policy provisions.
- Supplement the file with missing records, photos, or expert opinions.
- Escalate to a supervisor if delays exceed reasonable claim handling standards.
- Document every contact to support a potential bad faith review when warranted.
- Consider a time-limited demand tied to clear proof and valuation.
When an Insurer Disputes Liability or Your Injuries
Disputes often target causation or preexisting conditions. Counter with treating physician statements, imaging comparisons, and accident reconstruction when impact mechanics are contested.
Independent experts can address biomechanics or future care needs. A focused record helps align the final payout with the real-world effect of the crash.
What if You Share Fault or the Crash Was a Hit-and-Run?
Partial fault reduces recovery under ARS § 12‑2505. Strengthen your position with objective proof and understand how insurers determine fault.
For hit-and-run, supply independent corroboration and proof of prompt reporting. If an uninsured motorist claim is denied, policy arbitration or a contract suit may be the next step.
Key Evidence in Uninsured Motorist Claim Payouts
Documents That Carry the Most Weight With Insurers
Evidence drives valuation in an uninsured motorist claim. Objective records help resolve disputes about negligence and damages. High-impact items include:
- Police report, crash diagram, and officer statements.
- 911 logs and audio, traffic or ADOT camera clips, and dashcam files.
- Witness statements and contact information.
- Photos of the scene, vehicle damage, skid marks, and injuries.
- Event data recorder (EDR) downloads when available.
- Proof the other driver lacked insurance, such as insurer verification or MVD records.
How To Prove Pain, Suffering, and Future Damages
Noneconomic losses and future needs require careful presentation. Treatment notes that document symptoms over time carry weight. Provider narratives that explain limitations in daily life support pain and suffering.
Future care needs can be shown through surgeon reports, physical therapy plans, or a life care plan in severe cases.
How To Verify Lost Wages and Loss of Earning Capacity
Lost income is proven with payroll records, tax returns, and employer letters confirming time missed and duties restricted. Contractors or gig workers can use 1099s, bank deposits, and client statements. Long-term losses may call for a vocational assessment and economist report.
Why You Need an Uninsured/Underinsured Motorist Claim Attorney in Arizona
How Attorneys Value and Maximize Uninsured Driver Claims and Payouts
An experienced uninsured/underinsured motorist claim lawyer calculates damages across medical expenses, lost wages, pain and suffering, and future care.
Counsel reviews insurance policies for stacking opportunities, coordinates benefits, and pushes back on offsets that shrink recovery. A detailed strategy often raises the final number in an uninsured motorist claim.
How an Uninsured Motorist Claim Lawyer Negotiates With Your Insurer
Lawyers manage communications, frame liability with strong evidence, and present a written demand that aligns with Arizona law. Policy analysis reveals coverage limits and endorsements that affect valuation.
Skilled negotiation focuses on gaps in the adjuster’s position and uses exhibits to anchor numbers in proof, not guesswork.
When Arbitration or Litigation Is the Right Move
Many UM/UIM disputes resolve through policy arbitration. Preparation includes exhibits, medical summaries, expert reports, and witness scheduling.
Some claims move to a breach of contract suit or a bad faith action when claim handling falls short of legal standards. Experienced counsel levels the field against insurance companies with deep resources.
How The Sorenson Law Firm Can Help With Your Uninsured Motorist Claim
Call The Sorenson Law Firm when you need the top car accident attorneys for uninsured motorist claims.
Our team investigates crashes across Phoenix, Tucson, Mesa, Scottsdale, and Tempe. Services include scene analysis, witness outreach, dashcam and surveillance requests, EDR preservation, and medical records analysis.
We build damage assessments that reflect real needs, including therapy, surgery, and future care plans.
Your attorney team will manage claim notices, policy reviews, and deadlines under ARS § 12‑555. Our lawyers prepare comprehensive demand packages, conduct negotiation with your insurer, and pursue arbitration or trial when needed.
Each step targets the best available recovery under your coverage limits and Arizona law.
Free Consultation
Speak with a personal injury lawyer who understands local courts, insurance companies, and UM/UIM procedures. For focused guidance on uninsured driver claims and underinsured motorist coverage, contact The Sorenson Law Firm for a free consultation.
Our Arizona team is ready to evaluate your claim, manage deadlines, and pursue the full benefits available under your insurance policies. Call 480-839-9500 today.
Key Points To Remember
- Your uninsured motorist claim payout is capped by your UM/UIM policy limits and reduced by any share of fault under ARS § 12‑2505.
- UM applies to uninsured and hit-and-run drivers; UIM applies after exhausting the at-fault driver’s liability limits.
- Arizona law gives three years for UM/UIM under ARS § 12‑555; tort claims against an at-fault driver are typically two years.
- Strong evidence and organized documentation drive higher uninsured motorist claim payouts.
- Insurers may dispute liability or damages; negotiation, arbitration, or litigation may be required.
- Early help from an uninsured underinsured motorist claim attorney can protect your rights and increase recovery.
Frequently Asked Questions About Uninsured Motorist Claim Payouts
Can I stack UM/UIM coverage in Arizona?
Stacking may be possible across multiple vehicles or policies when contract language permits. Some policies contain anti-stacking provisions that limit combining coverage limits. A policy review by an uninsured motorist claim lawyer can uncover every available dollar.
Will filing a UM claim raise my premiums?
Insurers treat at-fault claims differently from not-at-fault claims. Premium impact depends on underwriting rules and policy terms. Ask your insurer about rate treatment for UM/UIM claims where you were not the at-fault driver.
Am I covered as a passenger, pedestrian, or cyclist?
UM coverage often follows the person. Passengers, pedestrians, and cyclists can qualify under policy definitions for “insured” or “family member.” Coverage and exclusions appear in the policy, so reading carefully is key.
Additional Resources
- ADOT Motor Vehicle Crash Facts – Statewide crash data to provide context on Arizona road risks.
- Arizona Revised Statutes § 20‑259.01 – UM/UIM offer and selection requirements for Arizona auto policies.
- Arizona Revised Statutes § 12‑555 – Time limits and accrual rules for UM/UIM claims.
- NHTSA – National safety data and injury severity information.
- Insurance Information Institute – List of uninsured driver percentages by state.
