InjuryUninsured and underinsured motorist claim
Uninsured and underinsured motorist claims in Arizona
An uninsured or underinsured motorist claim is a claim against your own auto policy, not the other driver's. It applies when the driver who hit you had no liability coverage (uninsured) or carried limits too small to cover your injuries (underinsured). Arizona requires 25/50/15 minimum limits under A.R.S. § 28-4009, so underinsured drivers are common. Arizona insurers must offer UM and UIM coverage in writing under A.R.S. § 20-259.01; if you did not reject it in writing, you may have it. Your own insurer stands in for the missing coverage, but it is not on your side: fault, causation, and the value of your injuries have to be proven. If a driver with no or too little insurance hurt you, you may have a claim under your own policy.
What Blueshoe does
The groundwork, in order, before you decide anything.
- 01
Find the coverage
Your declarations page, any written rejection of UM/UIM the insurer says you signed, and every policy in your household that could extend to you. Coverage people did not know they had is found here.
- 02
Exhaust the at-fault policy correctly
An underinsured claim usually requires the other driver's limits to be tendered first, and most policies require your insurer's consent before you accept them. The sequence protects the UIM claim; getting it wrong can forfeit it.
- 03
Prove the claim to your own carrier
Fault, causation, and the full extent of your injuries, documented the same way they would be against the other driver, because your insurer will dispute each of them the same way.
- 04
An attorney can take it forward
A licensed Arizona attorney can review the policies, present the UM or UIM demand, and pursue the claim through arbitration or suit if the carrier will not pay fairly, on terms stated in writing first.
What the law says
What the law says about UM/UIM claims in Arizona
What is the difference between uninsured and underinsured motorist coverage?
Uninsured motorist (UM) coverage responds when the at-fault driver had no liability insurance, including many hit-and-run crashes. Underinsured motorist (UIM) coverage responds when the at-fault driver had insurance but the limits were less than your total damages; it covers the gap, up to your UIM limit. Both are claims under your own policy.
Am I required to have UM/UIM coverage in Arizona?
No, but your insurer was required to offer it. Under A.R.S. § 20-259.01, every insurer writing auto liability policies in Arizona must offer UM and UIM coverage in writing, in limits up to your liability limits. If the written offer was never made, or your rejection was never documented, coverage may apply by operation of law.
Insurers sometimes produce a rejection form years after the fact. Whether it was the approved form, whether you signed it, and whether it applies to the policy in force on the crash date are all questions worth asking before accepting that you have no coverage.
Why does UM/UIM coverage matter so much in Arizona?
Because the required minimums are low. Under A.R.S. § 28-4009, a driver may carry as little as $25,000 per person and $50,000 per crash for bodily injury, and $15,000 for property damage. A single emergency room visit can exceed those figures, and some drivers carry nothing. Your own UM/UIM limits often decide what a serious claim recovers.
Will my own insurer fight me on a UM/UIM claim?
Often, yes. In a UM/UIM claim your insurer steps into the at-fault driver's position and may raise every defense that driver could have raised: comparative fault under A.R.S. § 12-2505, causation, and the extent of your injuries. The claim has to be proven and negotiated like any other, and the policy sets the dispute process, often arbitration.
What deadlines apply to a UM/UIM claim?
The injury claim against the at-fault driver runs two years under A.R.S. § 12-542, and 180 days under A.R.S. § 12-821.01 if a public entity is involved. The UM/UIM claim is a contract claim against your insurer with its own notice and timing requirements under the policy and the statute, so both sets of deadlines should be mapped together.
What it costs
No fee unless you recover.
Asking costs nothing. If you engage Blueshoe on a contingency basis, the fee is a percentage of what is recovered, stated in a written engagement agreement, and nothing is owed if there is no recovery. Case costs, such as filing fees and records, are set out in the same agreement, including whether they come out before or after the fee is calculated.
- Free to ask
- Written assessment before any fee
- Engagement terms in writing
- No billable hours
Questions people ask
Not before notifying your own insurer. Most Arizona policies require the UIM carrier's consent before you settle with the at-fault driver, so it can protect its right to recover from that driver. Accepting the limits without that step can forfeit the underinsured claim. Have the sequence handled before you sign anything.
More under Injury
- Car accidentsHurt in an Arizona crash? The two-year deadline, the 180-day notice for public entities, pure comparative fault, 25/50/15 minimum limits, and the UM/UIM coverage that often decides what a claim recovers.Read more
- Motorcycle accidentsA driver turned left across you or drifted into your lane.Read more
- Pedestrian & bike accidentsHit by a car while walking or riding in Arizona? The crosswalk rule under A.R.S.Read more
Legally reviewed by Catherine O’Grady, State Bar of Arizona No. 011647
Managing partner & chief compliance officer · 30+ years in practice · Reviewed 2026-10-08 · Full bio →