Victim’s Rights when an At-Fault Driver Has No Insurance

Far too often, the same story gets repeated by the news media in Phoenix: an innocent driver was hurt by the mistakes of another motorist and the person to blame did not have insurance. Though the law in Arizona requires all drivers to carry a minimum amount of insurance to protect themselves and others in the event that a car accident takes place, a surprising number of people disregard this requirement and operate their vehicles without insurance. If they are caught, those drivers may face fines, fees, the loss of their driver’s license, and other penalties as determined by the State but those penalties will not help the victims of a crash.

Instead, it is up to a victim to take active steps to ensure her rights for relief, but what does that relief look like if the at-fault driver was uninsured?

If your accident took place in Maricopa County and you suffered injuries, you may have a valid claim for relief even if the driver at issue was uninsured. Typically, your own insurance coverage will provide you with an option known as an uninsured motorist claim, a type of coverage that exists solely to provide you with help in the event you are victimized by someone who does not obey the insurance laws. In these cases, your own auto insurance company will effectively step into the shoes of the at-fault driver, providing you with the option to get monetary relief for your medical expenses, lost wages, pain and suffering, and permanency of injuries. If you suffered additional losses, those may also be recouped in an uninsured motorist claim.

Some victims are unsure about the desirability of making an uninsured motorist claim because they do not like the idea of taking action against their own insurer; however, few victims realize that they pay for this coverage as part of their policy every month so that they are protected in these situations. Further, uninsured motorists claims are often advantageous to injury victims because the insurance company at issue is their own insurer. This means that an insurer will realize that they have a greater responsibility to act appropriately when it comes to one of their clients than they would have with another claimant, and as a result, uninsured motorist claims often end more favorably than similar claims brought against an at-fault driver’s insurer.

These claims and the options that they trigger can be complicated to understand and even more complex to bring. If you were involved in a car accident and a responsible motorist was uninsured, let the legal team at Abels & Annes, P.C. walk you through your legal choices in a free, no-obligation case consultation. We are standing by 24/7 to speak with you toll free at (855) PHX-LAWYER or locally at (602) 819-5191.

At Abels & Annes, P.C., we only handle injury cases and we never represent insurance companies so we represent you, you will know that we have your best interests in mind at all times. We fight for the maximum relief for every one of our clients and we never charge them a fee unless we are successful on their behalf. If you need help, contact us today and let our team of experienced attorneys go to work for you.

Prior Blog Entry:

Drivers on Drugs are Causing Phoenix Car Accidents, Phoenix Injury Lawyer Blog, published February 10, 2016.


Drowsy Driving: Asleep at the Wheel, Centers for Disease Control and Prevention, published November 5, 2015.

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