What happens if the driver who hit me in Arizona doesn't have insurance?

Arizona requires drivers to carry liability insurance, but not everyone does. When the at-fault driver has no insurance, the question becomes whether there is another source of coverage for your injuries — and for many Arizona drivers, there is.

Uninsured motorist coverage exists for exactly this situation

Under A.R.S. § 20-259.01, every insurer writing auto liability policies in Arizona must make uninsured motorist (UM) coverage available and offer it to the named insured by written notice. UM coverage is not mandatory — you can decline it — but the insurer has to offer it, and the coverage extends to all persons insured under the policy.

UM coverage pays for damages due to bodily injury or death when the vehicle that caused the injury is not insured by a qualifying liability policy. In practice, that means your own insurance company may compensate you for what the uninsured driver could not.

Underinsured coverage handles the related problem

The same statute requires insurers to offer underinsured motorist (UIM) coverage. UIM applies when the at-fault driver has insurance, but the total of all applicable liability limits is less than your total damages for bodily injury or death. With serious injuries, even an insured driver's policy limits can fall short — UIM is the layer designed for that gap.

Not sure whether you have UM/UIM? It's worth checking

Your policy's declarations page lists the coverages you carry. Under Arizona law, a prior decision to reject or purchase UM/UIM at a given level generally remains valid until the insured makes a written request to change it — so the choice you (or a family member) made years ago may still be what's on the policy today. If the coverage is listed, it may apply to you as a driver, and in many cases to household members and passengers insured under the policy, subject to the policy's terms.

Other points worth knowing

• Hit-and-run situations. Depending on the policy's terms, UM coverage can be relevant when the at-fault driver cannot be identified, since an unidentified driver typically cannot be shown to have insurance. Policy language controls, so the specific terms matter.
• Deadlines still apply. Arizona's general statute of limitations for personal injury claims is two years under A.R.S. § 12-542, and insurance policies can contain their own notice and claim requirements. Reviewing both early can help preserve your options.
• Fault still matters. Arizona is a pure comparative fault state, so compensation questions can involve how responsibility is divided even in a UM claim.

An uninsured at-fault driver does not necessarily mean there is no recovery available. For many Arizonans, the answer is already sitting in their own policy.

This article is general legal information, not legal advice. Coverage questions turn on the specific policy language and facts involved.