All drivers in the state of Arizona are required to carry auto insurance. Unfortunately, that does not mean that all drivers follow the law. In fact, according to the Insurance Information Institute (III), approximately 10.6 percent of drivers in the state of Arizona are uninsured. And because Arizona follows a traditional tort liability system for car accidents, the driver who is at fault for an accident (or/and his or her insurance) is responsible for paying for damages. This means that if you are in a wreck that is caused by an uninsured driver, knowing how you will recover compensation can be confounding.
Do You Have Uninsured Motorist Coverage?
If you have uninsured motorist coverage, which is not required in the state of Arizona, then this coverage type can be used to pay for your injuries. Uninsured motorist coverage can also pay for damages to your vehicle, and is payable in the event that the at-fault driver has no insurance, or does not have enough insurance to fully pay for the extent of losses that you have suffered.
What If I Do Not Have Uninsured Motorist Coverage?
If you do not have uninsured motorist coverage as part of your own policy, things can be a little trickier. If you have medical payments coverage as part of your policy, then this insurance coverage type will pay for your medical expenses (up to your policy limit) regardless of who was at fault for the accident.
If you do not have medical payments coverage, then the next option may be to file a lawsuit.
Filing a Lawsuit Against an Uninsured Driver
If there is no way that you are going to recover compensation from the insurance company, or enough compensation to pay for your losses, then filing a lawsuit against the uninsured and responsible driver may be the next step.
The downside to this option is that a driver who is uninsured is often so due to a lack of funds; if the driver did not purchase car insurance, he or she may not be financially well off, and filing a lawsuit against him or her may not yield the amount that you are hoping for. To help you to understand what your best options are for moving forward and recovering the compensation about that you deserve, you should call an experienced Phoenix car accident attorney as soon as possible after being involved in a car accident with an uninsured driver.