Getting hit by a driver who doesn’t have insurance feels like a dead end — there’s no policy to file a claim against, no adjuster to call. But it isn’t a dead end. Here’s exactly what to do in the moments and weeks after, and where your compensation is actually going to come from.

Do These Things Immediately, Even Without an Insurance Exchange

Normally you’d exchange insurance information at the scene. Without that, a few steps matter even more:

  • Call the police and get a report anyway. An official report documenting that the other driver had no insurance is important evidence, whether you end up filing a claim through your own policy or pursuing the driver directly.
  • Get the driver’s information regardless. Name, license number, address, and license plate — even without insurance, you may still be able to pursue them personally for damages.
  • Get medical attention and document everything. This matters just as much here as in any other crash — the injury has to be documented close to the accident date no matter who’s paying for it.
  • Don’t assume you’re out of luck. Most people’s first reaction is that there’s nothing to be done. That’s usually wrong — see the coverage options below.

Check Your Own Policy Immediately

The most common path to compensation after an uninsured-driver crash is your own uninsured motorist (UM) coverage — not the other driver’s policy, but yours. Arizona doesn’t require drivers to carry UM/UIM coverage, but insurers are required to offer it in writing, and many drivers have it without realizing it.

Pull your policy’s declarations page (the one- or two-page summary at the front of your policy) and look for “Uninsured Motorist” or “UM/UIM” coverage limits. If you’re not sure how to read it, your insurance agent or a personal injury attorney can tell you in a few minutes whether you’re covered and for how much.

How a UM Claim Is Different From a Normal Claim

Filing a UM claim means you’re now dealing with your own insurance company instead of the other driver’s. That has one real advantage and one real catch:

  • The advantage: your insurer still owes you a duty of good faith — they can’t just ignore or lowball the claim without consequence, the same as any other insurer handling a claim.
  • The catch: it’s still an insurance company deciding how much to pay you, and their financial interest is the same as it would be in any other claim — pay as little as they reasonably can. Don’t assume “it’s my own insurer” means an automatically fair process.

Arizona’s comparative negligence rule also still applies here — if you were partially at fault, your recovery is reduced by your percentage of fault, not eliminated, whether the claim runs through UM coverage or a lawsuit against the driver directly.

When Suing the Uninsured Driver Directly Makes Sense

You can always pursue the at-fault driver personally for your damages, with or without UM coverage. The practical problem is collection — a judgment against someone with no insurance and no meaningful assets is often not worth much in practice. That said, it can make sense when:

  • The driver owns real property, a business, or other significant personal assets
  • Your damages exceed your own UM policy limits and you need to pursue the difference
  • You have no UM/UIM coverage at all and it’s the only avenue available

An attorney can help you realistically assess whether pursuing a driver directly is worth the time and cost, or whether your UM coverage is genuinely your best and only practical path.

Common Questions

What if I don’t have UM/UIM coverage at all?

You can still pursue the at-fault driver personally, though collection can be difficult if they have no significant assets. It’s worth a free case review to understand your realistic options.

Will my rates go up if I file a UM claim?

This varies by insurer and policy, and isn’t something we can answer in general terms — it’s worth asking your agent directly, but it shouldn’t stop you from pursuing compensation you’re entitled to.

How do I know if the other driver was actually uninsured?

The police report will often note this, or your insurer will verify it when you file a UM claim. If there’s any doubt, this is something an attorney can help confirm.

Do I need an attorney for a UM claim?

You’re not required to have one, but your own insurer is still a business looking to minimize payouts. There’s no cost to find out where you stand — the free case review carries zero obligation.