What To Do After A Car Accident Without Insurance When Not At Fault In Arizona

Getting into a car accident is stressful enough on its own. However, it becomes even more complicated when the at-fault driver doesn’t have insurance. Unfortunately, this situation is all too common in Arizona. In fact, around 1 in 8 Arizona drivers are uninsured.

If you’ve been in an accident caused by an uninsured driver, you’re probably wondering what to do next. Can you still get compensation for your injuries and vehicle damage? What steps should you take following the crash?

This guide will walk you through the key things you need to know about handling an uninsured motorist accident in Arizona when you’re not at fault.

Gather Information At The Accident Scene

Your first priority after any car accident should be making sure everyone involved is safe and unharmed. Once that’s taken care of, you’ll want to gather as much information as possible while still at the scene. Having complete and accurate details will make the claims process much smoother.

Here are some of the key things to document:

• Contact details for the at-fault driver – Full name, address, phone number, driver’s license number, license plate, make/model of their vehicle.

• Photos of damage – Take clear photos showing the extent of damage to both vehicles and the accident scene. Get shots of the other driver’s license plate and VIN number if possible.

• Police report – Call the police to file an official report. The officer’s documentation of what happened can help support your not-at-fault claim.

• Eyewitness accounts – Get names and contact information for any bystanders who saw the crash occur. Their testimony can verify your version of events.

• Insurance information – Ask the at-fault driver for their insurance details, even if they admit to not having a policy. Get provider name, policy number, etc.

Having this documentation will help prove the other motorist was uninsured and bolster your case. Don’t leave the scene until you’ve gathered as much as you can.

Seek Any Necessary Medical Treatment

Even if you don’t have obvious injuries after the crash, it’s important to get checked out by a doctor. Symptoms of whiplash, concussions, and other problems sometimes take hours or days to appear. An immediate medical evaluation will also provide official documentation of any injuries.

Make sure to explain to the doctor how the accident happened and what’s hurting. Don’t downplay your symptoms or delay treatment – that could negatively impact your ability to recover damages down the road. Keep track of all medical bills, records, and referrals related to the accident.

Report The Accident To Your Insurer

Notify your own car insurance company about the incident as soon as realistically possible. Provide them with the date/time/location of the crash, names of everyone involved, and a basic rundown of what happened. Also let them know the other driver was uninsured.

This puts your insurer on notice about your potential claim. If you have uninsured/underinsured motorist coverage, your provider will open a claim to help get compensation for your losses up to your policy limits. They may also pursue the at-fault driver themselves.

Failure to promptly report accidents can complicate the claims process. Your insurer needs time to investigate and get their ducks in a row.

File A Claim Against The At-Fault Driver

Even without insurance, the driver who caused the accident is still financially responsible for your damages. So your next step is to make an injury claim directly against them.

Start by sending a certified letter explaining the crash details, your damages, and demanding reimbursement. Politely but firmly state you intend to pursue legal action if they don’t pay.

If the at-fault motorist ignores your claim or refuses to cooperate, you may need to file a personal injury lawsuit. An experienced attorney can help you navigate this process, build your case, and take the other driver to court if necessary.

Utilize Your Own Uninsured Motorist Coverage

If you carry uninsured/underinsured motorist (UM/UIM) coverage on your own policy, this can help fill gaps if the at-fault driver lacks sufficient insurance. It protects you by allowing you to claim against your own policy.

UM coverage pays for bodily injury damages caused by a driver with no insurance. UIM kicks in when the at-fault party’s liability limits are inadequate to fully cover your losses.

To use this coverage, simply file a claim with your insurer per the usual process. Show them your insurance policy, accident details, and evidence the other motorist was uninsured/underinsured. They will then investigate and compensate you up to your UM/UIM policy limits, minus any deductible.

Having this backup coverage is extremely beneficial after an uninsured driver accident. Make sure you understand your state’s requirements and carry adequate UM/UIM limits.

Consult With A Personal Injury Attorney

Handling the insurance claim process after any auto accident can quickly get convoluted. That rings doubly true when the at-fault driver has no insurance. An experienced personal injury lawyer can help make it much simpler.

An attorney will deal with the insurance companies while you focus on recovering from the crash. They’ll navigate tricky legal issues, maximize your compensation, and take the case to court if needed.

Look for a lawyer who specializes in uninsured motorist claims and has a proven track record of success. Many personal injury firms work on contingency, charging no upfront fees and taking a percentage of your settlement. This allows you to obtain top-notch legal help while avoiding large out-of-pocket costs.

Explore Alternative Sources Of Compensation

If the at-fault driver has little money and no insurance, collecting compensation from them directly can be difficult or impossible. Fortunately, there are some other potential sources of damages to explore:

• Your own auto policy – As described above, tap into any uninsured or underinsured motorist coverage you have.

• The at-fault driver’s assets – Lawyers can search for assets or garnish wages if you win a lawsuit against the uninsured driver.

• Underinsured motorist fund – Some states, like Arizona, have special underinsured motorist funds to help accident victims.

• Your health insurer – File claims with your medical insurance and any supplemental coverage.

• No-fault insurance – In no-fault states, each driver makes injury claims with their own insurer.

• Your employer – Workers’ compensation or disability benefits may be available if the accident occurred on the job.

An experienced attorney can help uncover all potential avenues for maximizing your total accident compensation.

Arizona’s Underinsured Motorist Fund

Arizona has an Uninsured Motorist Identification Database and Suspension Program. It allows accident victims to make claims against a special state fund when the at-fault driver was uninsured.

To tap into this fund:

• File a crash report with local law enforcement
• Submit a claim to the Motor Vehicle Division within 180 days
• Provide accident records, medical documentation, and anything proving the other driver’s lack of insurance
• The claim will be reviewed, and you may receive up to $30,000 total for injuries

While not a perfect solution, Arizona’s underinsured motorist fund does offer some options when an uninsured driver causes substantial harm. An attorney can advise if you may qualify and assist in filing your claim.

Steps To Take After An Uninsured Motorist Accident In Arizona

Here’s a quick summary of the key action steps following a crash with an uninsured driver when you’re not at fault:

• Gather documentation at the accident scene – contact info, photos, police report, etc.

• Get medical treatment for any injuries.

• Notify your insurance company about the incident.

• Send a claim demand letter to the at-fault driver.

• File an uninsured motorist claim with your own insurance provider.

• Hire a personal injury attorney for legal help.

• Pursue compensation from other potential sources – UIM fund, health insurance, assets, etc.

• Don’t delay! Deadlines apply for insurance claims, lawsuits, etc.

Proper documentation and prompt action are critical after collisions involving uninsured motorists. An experienced attorney can help guide you through the process, protect your rights, and get you maximum compensation. Don’t leave your recovery to chance.

Frequently Asked Questions About Uninsured Motorist Accidents In Arizona

The complex legal and insurance issues that arise after crashes with uninsured drivers often lead to many questions for not-at-fault victims. Here are some of the most common FAQs:

Can an uninsured driver sue me after an accident they caused?

Yes, they can. Anyone can file a lawsuit for just about any reason. However, their claim will almost certainly fail once your evidence proves they were at fault and uninsured. Don’t ignore any lawsuit notices – make sure your attorney responds.

What if the uninsured driver flees the scene before I could get their information?

Provide your insurer and the police with any details you were able to get, such as a partial plate number or vehicle description. Law enforcement may be able to identify the at-fault motorist. A lawyer can also pursue a claim against an unidentified “John Doe” driver.

Am I still covered if my uninsured motorist coverage lapsed?

Unfortunately, no. Valid UM/UIM coverage at the time of the accident is required to make a claim. Letting this important coverage lapse could leave you unprotected.

Can passengers in my vehicle also claim damages from my UM policy?

Yes. Uninsured motorist coverage on your policy extends to any authorized passengers in your car. They can submit eligible claims up to the per-person limits.

What if I’m partly at fault for the accident?

Arizona follows “comparative fault” rules. Your compensation may be reduced by your percentage of fault. For example, if you’re 20% at fault for the crash, your damages award would be reduced by 20%.

What if the at-fault driver later claims they had insurance?

Contact your insurer immediately if this happens. Stop pursuing a UM claim and direct your claim to the newly revealed insurance policy instead. An attorney can help investigate the validity of this supposed “new” coverage.

How quickly must I take legal action after the accident?

Arizona has a two-year statute of limitations on injury claims. Lawsuits must be filed within two years from the date of the accident or your right to recovery could be jeopardized. Don’t delay in starting the claims process.

Handling the aftermath of any auto accident is difficult enough without the added complication of an uninsured at-fault driver. Fortunately, accident victims have legal rights and options for recovering damages, even when the liable motorist lacks insurance. Follow the steps above, stay organized, consult qualified legal counsel, and actively pursue compensation through every available avenue. With persistence and dedication, you can successfully resolve your uninsured motorist claim.