What you need to know about uninsured motorist claims in Arizona
An uninsured motorist (UM) claim is a claim you file against your own insurance policy when the other driver has no insurance or leaves the scene. In Arizona, your insurance company must offer UM coverage, though you can decline it in writing. The claim goes through your own insurer, not the other driver's — which means you're working with your own company's claims process, not pursuing the uninsured driver directly.
The reason to consider an attorney for a UM claim is that your own insurance company has financial incentive to pay you as little as possible. They are not on your side in the way a liability insurer is on the at-fault driver's side. An attorney can negotiate the settlement, handle the medical records and damage documentation, and push back if the insurer undervalues your case.
Phoenix-area attorneys who handle UM claims typically work on contingency, meaning they take a percentage of what you recover rather than charging you upfront. This structure matters because it means the attorney only gets paid if you do, and their fee comes from the settlement or judgment — not from your pocket.
Key Takeaways
- Uninsured motorist claims are filed against your own insurance policy, not the other driver's, which changes how the negotiation works.
- Your insurance company will make you an initial offer, but that offer is often lower than what the claim is worth, especially if you have medical bills or ongoing treatment.
- An attorney can review the insurer's offer, gather medical evidence, and negotiate on your behalf — and you pay nothing upfront under a contingency agreement.
- Arizona law allows you to pursue a UM claim even if you were partially at fault, though your recovery will be reduced by your percentage of fault.
- The statute of limitations for a UM claim in Arizona is two years from the date of the accident, so delay costs you the right to file.
When a UM claim requires an attorney
You do not need an attorney for every UM claim. If the accident was minor, you have no injuries, and the insurer's initial offer matches your actual damages, handling it yourself is reasonable. But several situations make an attorney's involvement worthwhile.
If you have medical bills — emergency room visits, imaging, physical therapy, ongoing treatment — an attorney can document those costs and argue for compensation beyond what the insurer initially offers. Insurers often try to minimize medical claims by arguing the treatment was unnecessary or unrelated to the accident. An attorney with medical records and a doctor's statement can counter that argument.
If you missed work or lost income, if the accident caused lasting pain or reduced your ability to work, or if the insurer denies your claim outright, an attorney becomes more valuable. The insurer may claim you were partially at fault, or that your injuries predate the accident. An attorney can challenge those positions with evidence.
If the other driver was hit-and-run — they left the scene — your UM claim still works the same way, but you may need an attorney to push the insurer to investigate and confirm the other vehicle was uninsured rather than straightforward unidentified.
How to evaluate a Phoenix-area UM attorney
When you contact an attorney about a UM claim, ask directly whether they handle uninsured motorist cases regularly. Some attorneys focus on liability claims (where you sue the other driver) and do not have experience with UM claims, which work differently. You want someone who has negotiated with insurers on UM cases specifically.
Ask what percentage they take as a contingency fee. Most Arizona attorneys take 25 to 33 percent of the settlement, but some take more. Confirm whether that percentage applies to medical bills paid by your health insurance or workers' compensation — sometimes the attorney's fee is calculated before those liens are deducted, sometimes after. This can significantly change what you actually receive.
Ask how long they expect the process to take. A straightforward UM claim with clear medical records might settle in two to four months. A claim the insurer disputes or denies may take longer. An attorney who promises a fast resolution without knowing the details is not being realistic.
Ask whether they will handle the claim themselves or pass it to a paralegal or junior attorney. There is nothing wrong with a paralegal doing much of the work, but you should know who is actually managing your case and whether the attorney you spoke to will review the final settlement before you sign.
What happens during a UM claim negotiation
After you file a UM claim with your insurer, the company will assign a claims adjuster. The adjuster will ask for medical records, police reports, photos of vehicle damage, and a statement about how the accident happened. This is standard and necessary.
The adjuster will then make an initial settlement offer. This offer is often lower than the actual value of your claim because the insurer knows many people will accept it without negotiating. If you have an attorney, they will review that offer and either accept it or send a counter-offer with documentation of why your claim is worth more.
The negotiation typically involves exchanging letters or emails with the insurer's attorney or claims department. Your attorney will cite your medical bills, lost wages, and the severity of your injuries. The insurer will argue about causation, necessity of treatment, or your degree of fault. This back-and-forth usually takes weeks or months.
If you and the insurer cannot agree, you can file a lawsuit against your own insurance company. This is rare — most UM claims settle before trial — but it is an option if the insurer's position is unreasonable. An attorney who has tried UM cases in court has leverage in settlement negotiations because the insurer knows you are willing to litigate.
Red flags when choosing an attorney
Avoid attorneys who may provide a specific settlement amount or promise you will "win" your case. No attorney can may provide an outcome. Settlement amounts depend on your injuries, medical evidence, and what the insurer is willing to pay. A promise of a specific number is a sign the attorney is overselling.
Avoid attorneys who pressure you to sign a representation agreement when ready or who discourage you from talking to other attorneys. You should interview at least two or three before deciding. A good attorney will answer your questions and let you think about it.
Avoid attorneys who do not explain how their contingency fee works or who are vague about what percentage they take. The fee agreement should be in writing and should clearly state what costs (like court filing fees or medical record requests) come out of your settlement and what the attorney pays.
Avoid attorneys who do not ask detailed questions about your injuries, medical treatment, and the accident itself. If they seem to be treating your case as routine without understanding the specifics, they may not give it the attention it needs.
What documents you will need to gather
Before you meet with an attorney, gather the police report (if one was filed), photos of vehicle damage, the other driver's insurance information or lack thereof, and your own insurance policy. You will also need medical records from any treatment you received after the accident — emergency room records, doctor's notes, imaging results, physical therapy records, anything that documents your injuries.
Collect receipts for any out-of-pocket expenses related to the accident: medications, medical equipment, transportation to appointments, or childcare costs if you could not work. Keep a record of any time you missed work and the wages you lost. If you have a letter from your employer confirming the dates you were absent, that strengthens your claim.
If you received treatment from multiple providers, ask each one for a summary of your treatment and a statement of what they charged. This documentation is what the attorney will use to negotiate with the insurer.
Frequently Asked Questions
Can I file a UM claim if I was partially at fault for the accident?
Yes. Arizona follows comparative fault rules, meaning you can recover even if you were partly responsible. However, your recovery is reduced by your percentage of fault. If you were 20 percent at fault and your claim is worth $10,000, you would recover $8,000. An attorney can argue for a lower percentage of fault on your behalf.
What if the insurer says the other driver had insurance but I cannot verify it?
Ask the insurer to provide proof of the other driver's insurance information. If they cannot, your UM coverage applies. If they claim the other driver had coverage but you believe they did not, an attorney can request the insurer's investigation file and challenge their conclusion.
How long do I have to file a UM claim after an accident?
Arizona law gives you two years from the date of the accident to file a UM claim. However, you should notify your insurer as soon as possible — most policies require notice within a specific timeframe, often 30 days. Waiting until near the two-year important date weakens your position.
Will hiring an attorney cost me more than settling on my own?
Not necessarily. An attorney's contingency fee (typically 25 to 33 percent) comes from the settlement. If the attorney negotiates a settlement that is 50 percent higher than the insurer's initial offer, you come out ahead even after paying the fee. The insurer counts on people accepting low offers because they do not have representation.
What if the insurer denies my UM claim entirely?
An attorney can file a lawsuit against your own insurance company to challenge the denial. This is called a bad faith claim if the insurer's denial was unreasonable. An attorney will review the denial letter and your policy to determine whether you have grounds to sue.