Can You Still Get Compensation if the At-Fault Driver Has No Insurance?

Arizona’s Minimum Insurance Requirements

Arizona law requires drivers to carry at least 25/50/15 in liability coverage, $25,000 for injury to one person, $50,000 for injury to two or more people, and $15,000 for property damage. Despite this requirement, some drivers remain uninsured, whether due to lapsed coverage, financial hardship, or simply ignoring the law.

Even drivers who do carry insurance often carry only the state minimum, which can fall well short of covering a serious injury. A $25,000 policy limit does not go far against a claim involving surgery, extended physical therapy, or lost income from missed work, which is exactly why your own coverage matters as much as theirs.

Uninsured Motorist (UM) Coverage

If your own policy includes UM coverage, it steps in to cover your damages when the at-fault driver has no insurance at all. Arizona insurers must offer this coverage, though policyholders can decline it in writing, meaning not everyone actually has it, sometimes without fully realizing they declined it when they set up their policy.

UM coverage functions similarly to a claim against the at-fault driver, you are still proving fault and damages, just against your own insurer instead. This does not mean it is automatic or adversarial-free, insurers still scrutinize UM claims and can dispute fault or the extent of your injuries just as an at-fault driver’s insurer would.

Underinsured Motorist (UIM) Coverage

A related but different scenario: the at-fault driver has insurance, but not enough to cover your full damages. UIM coverage can make up the difference, up to your own policy’s UIM limit, which is why UIM limits matter, a policy with only minimal UIM coverage may not close much of a gap in a serious injury case.

Pursuing a UIM claim generally requires first exhausting the at-fault driver’s available coverage, meaning you typically need to resolve that claim (or at least establish what their policy limit actually is) before your UIM coverage comes into play.

Checking Whether You Actually Have This Coverage

Because UM/UIM coverage can be declined in writing, many drivers assume they have it when they do not, or carry lower limits than they realize. Pull your policy’s declarations page, or call your agent directly, and confirm both whether you have this coverage and what the specific dollar limits are.

This is worth doing before you ever need it, not after an accident. If you discover you declined UM/UIM coverage or carry only minimal limits, most insurers will let you increase it going forward, a relatively inexpensive way to protect yourself against exactly this scenario.

What if You Don’t Have UM/UIM Coverage

Without UM/UIM coverage, your options are more limited, you could still pursue a personal claim against the at-fault driver directly, though collecting from an individual with no insurance and limited assets is often difficult in practice, even after winning a judgment against them.

Other potentially liable parties should also be investigated in this situation, for example, if a defective vehicle part, a road hazard, or another driver contributed to the accident, additional avenues for recovery may exist beyond the uninsured driver alone.

Practical Steps if You’re Hit by an Uninsured Driver

1. Confirm the other driver truly has no insurance, sometimes what looks like a lapse is a misunderstanding or a coverage that simply was not disclosed at the scene.
2. Check your own policy immediately for UM/UIM coverage and applicable limits.
3. File a claim with your own insurer under your UM coverage, treating it with the same seriousness as a claim against an at-fault driver.
4. Document your damages thoroughly, medical bills, lost wages, and property damage, exactly as you would for any other claim.
5. Consult an attorney, since UM claims can still be contested by your own insurer despite the “friendly” framing many people assume.