Accidents involving uninsured drivers are more common in Arizona than any of us want to think about, especially if the at-fault driver with no liability coverage does not seem to have the ability to pay for your medical care for accident-related injuries.
Although you may have liability insurance, making an insurance claim under your own insurance policy for an automobile accident caused by an uninsured motorist may not be enough to compensate you fully for your medical bills for personal injuries sustained, income replacement, and property damage.
Although most personal injury lawyers will tell you that it is not worth suing an uninsured driver in Arizona, before you make a hasty decision, call Stone Rose Law first. You may have legal options as an accident victim that go beyond what your insurance provider can provide.
Call us at (480) 498-8998 to speak with one of our car accident attorneys and to learn more about your possible legal options in a free consultation.
Nationally, Arizona is a little better than average when it comes to the number of uninsured drivers. According to sources including the Insurance Information Institute, and ValuePenguin, compared to the national average of 14%, in Arizona about 12% of motorists have no insurance coverage.
This still means that if you get into an accident with another driver, the chance is about one-in-eight that the driver will have no car insurance.
A common assumption about uninsured drivers is that if they do not have the money to pay for insurance, then they probably do not have the money to pay for the harm they cause in an accident.
In some cases, this is true. A driver who has no job, home, savings, or other assets and who is driving a car with a rebuilt title probably has little money to spend on anything, not to mention pay a settlement sum or a judgment amount.
In other cases, even if the uninsured motorist has assets that can be sold to pay for your car accident injuries and property damage, these assets may be insufficient or hard to access. For example, if that person has a job but it only pays the minimum wage, then wage garnishment may make little difference in paying for injuries like whiplash, brain trauma, broken bones, spinal cord damage, or, in the worst case, the wrongful death of a family member.
Arizona is a traditional fault state for car accident liability. This means that you can pursue the uninsured driver’s personal assets. The question is, how can you know what the uninsured driver’s true financial compensation ability is? This is where hiring a car accident lawyer can help.
An experienced car accident attorney can investigate the other driver’s assets and financial capabilities to give you a clear picture of that person’s ability to pay money damages or to settle with you for a reasonable amount of money.
In addition, an Arizona car accident and personal injury lawyer can investigate the facts of the accident to see if anyone other than the driver can contribute to compensating you for your losses.
It can be hard for you to know who may be liable to you in addition to the other driver or to know whether it is worth suing an uninsured driver. A Stone Rose Law attorney can assist you in determining if there are any assets owned by an uninsured driver and help identify others who may be liable to you besides the uninsured driver.
Arizona and auto insurance providers recognize the problems that uninsured motorists can cause, and many car insurance policies have optional additional coverage for uninsured and underinsured motor vehicle accidents. If you purchase uninsured or underinsured motorist coverage, the minimum limits are $25,000 per person and up to $50,000 per accident for bodily injury.
Initiating an uninsured motorist claim with your insurance company requires collecting all relevant information about your accident, like contact information for the uninsured driver, any witnesses to the crash, and compiling a description of the accident facts.
Your lawyer will also know how to support your claim with police reports, photographs, and witness statements.
Remember that uninsured motorist coverage typically encompasses bodily injury and property damage. This allows policyholders to seek compensation for medical expenses, lost income, and vehicle repair (or replacement in some cases depending on the language in your insurance policy).
Sometimes, it may be necessary to negotiate with your auto insurance carrier about your uninsured motorist claim. Your car accident lawyer can help you with these negotiations, including alternative dispute resolution or even going to court on your behalf if necessary.
Knowing how Arizona’s statute for uninsured coverage works can be confusing. If you have uninsured motorist insurance as part of your own automobile insurance policy, a Stone Rose Law personal injury attorney can review your insurance options and help you pursue the appropriate legal action based on the facts of your accident.
Getting into a collision with an uninsured driver can be frustrating and leave you uncertain about your legal options.
A Stone Rose Law car accident lawyer can help you understand your insurance policy coverage, including uninsured driver coverage, and evaluate your possible legal claims against the other driver and other potentially liable parties.
If you have a legal claim, we can help you pursue compensation for your injuries, including medical treatment costs, lost wages, property damage, and pain and suffering damages.
Our Phoenix auto accident attorneys at Stone Rose Law serve car accident clients throughout Arizona, including people unfortunate to be in a collision with an uninsured or underinsured driver. Contact us online or call (480) 498-8998 to schedule a free consultation with a qualified car accident lawyer to discuss your case.
