What If I’m Hit By an Uninsured Driver?

If you were hit by an uninsured driver, your options might be limited. Most people who drive around without insurance do so because they cannot afford it or they have nothing to lose. Suing them may only result in a judgment that you cannot collect. That is where your insurance coverage comes into play. To put the importance of uninsured motorist coverage becomes clear when you realize how many uninsured drivers are on the road.

Uninsured driver statistics

According to the Insurance Research Council, at least one in seven drivers are uninsured. Prior to the COVID-19 pandemic, the UM rate was declining from its peak of near 15% in the early 2000s to 11.1% in 2019. It went up in 2020 and again in 2021. In 2022, the UM rate slightly dropped to 14.2%. In Arizona, approximately 11.8% of drivers are uninsured.

Will my insurance company pay me if I’m hit by an uninsured driver?

If an uninsured driver caused your car accident, your uninsured motorist (UM) coverage is there to protect you, if you have it. Sadly, car insurance companies are not required to sell you UM coverage; in Arizona, they are only required to “offer” it to you. Most of the time the insurance companies do not explain the importance of UM coverage. This is especially true in states with a high number of uninsured drivers.

If your insurance policy does not include UM coverage, your ability to obtain a financial recovery is not good.

What does uninsured motorist insurance cover?

Uninsured motorist coverage can pay for:

• Medical bills,
• Lost wages or loss of future earnings,
• Pain and suffering, disability, disfigurement, anxiety, and other general damages, and
• Funeral expenses, in the case of a wrongful death.

Uninsured motorist coverage does not pay anything to the driver who had no insurance. It pays you. Having UM coverage does not ensure full compensation for your losses from the crash. If you have UM coverage, it will pay up to the limits of coverage you purchased.

Are there Uninsured Driver Insurance Coverage Limitations?

There are limits to UM coverage. For instance, most UM policies only cover injuries to certain people:

• you while in the car named in your policy,
• you while in any car you do not own,
• you if you were a pedestrian,
• a relative who lives with you and is injured while in the car named in your policy,
• anyone else in your insured car with your permission,
• anyone riding in a car you are driving but do not own.

Phantom Vehicle Limitations

UM coverage limits also arise when an unidentifiable “phantom” vehicle causes a crash. The other vehicle is a phantom vehicle because it has left the scene of the accident and is never identified or located. The typical scenarios involving phantom vehicles are where the phantom vehicle: (1) causes an accident, but is not actually involved in any impact, and (2) is involved in an impact, but flees.  UM coverage in the case of a phantom vehicle requires you to prove the existence of the other vehicle.

Proving a phantom vehicle hit you and left, like when you are the victim of a hit-and-run, is relatively easy. Proof of existence comes from vehicle damage and corroboration from a police report. On the other hand, proving the existence of a phantom vehicle when it does not make impact with your car is difficult, requiring other witnesses or video. In either scenario, you should immediately call the police to report the crash and provide as much information as possible about the phantom vehicle.

Can multiple insurance policies cover me for an uninsured motorist crash?

Yes. If you or a relative are injured by an uninsured motorist while in another person’s car, the other car’s UM coverage is primary coverage and your UM coverage is secondary. Thus, your policy will only pay UM benefits if the primary policy pays out its limits first.

Does UM Coverage cover all my damages?

One major drawback of UM coverage in Arizona is that it does not automatically include coverage for damage to your vehicle. Only if you separately purchased “Collision Coverage” will it cover damage to your vehicle. Without this, you will have to pay to repair your vehicle.

What if I Know Who the Uninsured Driver is?

If you know the identity of the uninsured driver who caused the crash, you could sue them in court to obtain money for your injuries and property damage. However, this is not without its drawbacks. Any payment from the uninsured driver will have to come from their own pocket. This means they will need to have money and assets available to pay you. Even if you obtain a jury verdict or court judgment in your favor, you will likely have a difficult time collecting.

Most people who drive around without insurance do so because they cannot afford it or they have nothing to lose. Even if they have money or assets to pay you, they can declare bankruptcy and potentially have the court erase your verdict/judgment. The end result is that you spend a lot of time and money to find out there is no chance for a financial recovery.

Therefore, we emphasize that you should purchase UM coverage. For more tips on insurance coverage and how to pursue a car accident claim, contact an experienced car accident attorney at Gage Mathers Law Group.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 23 years
Bar number: 020421
Location: Phoenix, AZ
JD’s Profile