Arizona has a fault-based system governing auto accident cases.
Therefore, the person at fault is liable for damages. However, what do you do if the at-fault party does not have insurance?
What is the best way to recover your losses?
Underinsured/uninsured motorist insurance is not among the mandatory insurance requirements in Arizona. However, if you chose that coverage when purchasing your plan, you can file a claim through your insurer to recover damages.
Health insurance can overlap with uninsured motorist bodily injury insurance. Sometimes Medicaid and Medicare will not pay until you exhaust your UIMBI coverage.
What damages can you recover?
If your policy covers bodily harm and property damage, you can recover medical expenses and the cost to repair or replace your vehicle. Auto accidents can cause severe injuries, resulting in substantial financial consequences.
Can you file a lawsuit against the uninsured driver?
In the absence of uninsured motorist coverage, you can file a fault-based claim against the at-fault driver through your local civil court. If you can prove negligence, the court may award you damages. However, most people without car insurance lack the income or assets to cover the cost. The court may order them to pay in installments rather than a lump sum.
What can you do to protect your claim?
In the aftermath of the accident, seek a comprehensive medical evaluation to document your injuries. Also, avoid discussing the case with anyone other than a hired representative to ensure you do unintentionally admit fault.
Remember not to give up until you exhaust all your options.
