Tucson Uninsured Motorist Claim Attorney

Maximizing Recovery in Uninsured Motorist Claims

If you’ve been in a Tucson crash involving an uninsured or underinsured driver (UM/UIM), you may not be sure what options are available to you. These claims can quickly become complicated, particularly because insurance companies often seek ways to limit or deny payment to protect their financial interests.

Doug Newborn Law Firm, PLLC, is a Tucson-area law firm with extensive experience helping clients recover damages after accidents involving uninsured or underinsured drivers. If you have questions about your legal rights and what you can do to seek compensation for your injuries and property damage, contact our law firm today to schedule a free consultation.

What are My Legal Options if the At-Fault Driver Has No Insurance Coverage?

If you’ve been in an accident caused by a driver who doesn’t carry insurance, you may be wondering how you’ll recover payment for your losses. In many cases, the best path forward is to file an uninsured motorist (UM) claim through your own insurance policy.

Turn to Your Own Coverage for Compensation

If your auto policy includes uninsured motorist coverage, it will act as the at-fault driver’s insurance to cover damages such as bodily injury, pain and suffering, or, in some cases, property damage. You could also use your own collision coverage to pay for the cost of car repairs. If you have been injured, you could turn to your health insurance to pay for medical bills. Even so, you may be forced to pay deductibles to do so.

File a Lawsuit

Other options include filing a lawsuit against the driver to seek financial compensation. Even so, you would need to consult an attorney beforehand to ensure the at-fault driver has enough financial resources to justify pursuing legal action.

Seek Legal Representation

An attorney with experience handling UM/UIM claims can evaluate the details of your case and identify the legal strategy most likely to achieve a favorable outcome.

What are the Differences Between Uninsured and Underinsured Motorist Claims?

A common question among Arizonians concerns the difference between uninsured and underinsured motorist claims (UM/UIM). Although there are several differences, uninsured motorist coverage only applies when the at-fault driver has no insurance. Conversely, underinsured motorist coverage is applicable in cases where the driver has coverage, but their policy limits are insufficient to pay for your damages.

Other key legal differences in coverage include:

Uninsured Motorist Coverage

If you are injured in a crash caused by an uninsured driver or in a hit-and-run accident, your uninsured motorist coverage allows you to pay for medical expenses, lost income, and compensation for your pain and suffering.

Underinsured Motorist Coverage

If you are hit by a driver whose liability insurance coverage does not adequately cover your total damages, your insurance will pay the difference. Even so, your insurance provider will only pay up to your policy limits.

While Arizona law does not require motorists to carry UM/UIM coverage, they are legally obligated to offer it to their customers.

Who Pays for an Uninsured Motorist Claim in Arizona?

Arizona operates under an at-fault auto insurance system, meaning the driver who caused the accident is legally responsible. If the at-fault driver leaves or does not have insurance coverage, you may be left wondering who will pay for your lost income, unexpected medical expenses, and pain and suffering.

If you have uninsured motorist coverage(UM), your own insurance provider will pay for your damages. It should be emphasized that uninsured motorist coverage does not cover the cost of repairing damage to your vehicle. If your vehicle sustained damage in the car accident, you will need to turn to your collision coverage. This usually involves paying a deductible to pay for the cost of repairs.

You should also be aware that your insurer will only pay up to the limits specified in your insurance policy. For example, in Arizona, the minimum uninsured motorist coverage is $25,000 per person and $50,000 per accident, often written as 25/50. Under the terms of your policy, this is the maximum amount that your insurance provider will pay, regardless of your medical bills.

Is Uninsured Motorist Coverage required in Arizona?

While you are required to have insurance coverage to drive in Arizona legally, you are not required to purchase uninsured or underinsured driver policies. However, insurance companies must offer you UM/UIM coverage in writing. The provider must also offer insurance coverage that matches your bodily injury liability limits. If you decide to decline UM/UIM coverage, you must formally reject it in writing.

Why You Should Carry Underinsured Motorist Coverage in Arizona

Even though no law mandates that you must carry uninsured or underinsured driver coverage, it is highly recommended that you do. Statistics show that Arizona has a high percentage of uninsured motorists. Because of the high costs of repairing vehicle damage or paying for medical treatment, having UM coverage can save you in the long run.

Why Should I Hire an Attorney to Help Me File an Underinsured Motorist Claim?

Understanding the state’s insurance laws can be frustrating, especially if you have been involved in an accident with an uninsured driver. When you file a UM/UIM claim, you are essentially suing your own insurance provider, requiring them to cover the damages the at-fault driver failed to pay. Although insurance companies often portray themselves as very helpful in their media posts, this is not always the case when it comes to paying out claims. Insurers are committed to maintaining profitability and will look for ways to try to deny or reduce your financial compensation, just as any other insurance provider would.

The Role of Arizona’s Pure Comparative Negligence Law

Because Arizona insurance law follows a pure comparative negligence law, your insurance company can reduce your payout by your percentage of fault. If you are involved in a motor vehicle accident and it is determined that you are 20% at fault, your compensation will be reduced by that amount. For example, if you are awarded $20,000, 20% would be deducted, leaving you with $16,000.

Why It Pays to Hire a Skilled Attorney

A skilled attorney can gather evidence such as police reports, witness statements, and dashcam footage to build a solid case that refutes the insurer’s claims. In most cases, personal injury and motor-vehicle accident claims are settled out of court through negotiations between attorneys and insurers. Although that is typically how these claims are handled, an attorney can take legal action to pursue compensation if the insurance provider refuses to pay.

Contact Doug Newborn Law Firm, PLLC, today to schedule a Free Consultation to Get Started on Your Case

Whether the other driver carried no insurance or insufficient coverage, you may still have a path to financial recovery, so it is always best to seek legal representation before you file a claim. Insurance companies have skilled legal teams whose only job is to look for ways to reduce or deny claims.

Doug Newborn Law Firm, PLLC, is a Tucson-area law firm with extensive experience helping motorists with complex legal issues. If you have questions about our legal experience or are ready to file your claim, contact our law office today at 520-355-1161 to schedule a free consultation.