If the at-fault driver does not have enough insurance to cover your injuries after an Arizona accident, you may still have other sources of compensation available. Depending on your insurance policy and the circumstances of the crash, underinsured motorist coverage and other potential sources of recovery may help address damages that exceed the other driver’s liability limits.
The important first step is determining the full value of the claim and comparing it with the insurance coverage actually available.
What Are Arizona’s Minimum Auto Insurance Requirements?
Arizona drivers generally must maintain minimum liability coverage of $25,000 for bodily injury or death to one person, $50,000 for bodily injury or death to two or more people, and $15,000 for property damage. These limits are commonly described as 25/50/15.
Those amounts may be insufficient after a serious collision. Hospital care, rehabilitation, lost wages, and other losses can exceed $25,000 relatively quickly, especially when injuries require continuing treatment.
Liability coverage is intended to pay damages for which the insured driver is legally responsible, subject to the policy limits. Once those limits are exhausted, additional compensation does not automatically become available through that same liability policy.
A personal injury Lawyer can review the available policies and help determine whether other sources of coverage may apply.
What Is Underinsured Motorist Coverage?
Underinsured motorist coverage, commonly called UIM coverage, may apply when the at-fault driver has liability insurance but the available liability limits are lower than the total damages caused by the collision.
Arizona law requires automobile insurers to offer underinsured motorist coverage to policyholders. Under A.R.S. § 20-259.01, UIM coverage can apply when the total applicable liability limits are less than the damages resulting from bodily injury or death.
For example, suppose an injured driver has $70,000 in qualifying damages, but the at-fault driver has only $25,000 in bodily injury liability coverage. If the injured person purchased applicable UIM coverage, that coverage may become relevant to the remaining damages, subject to the policy terms and coverage limits.
UIM coverage is different from uninsured motorist coverage. Uninsured motorist coverage generally applies when the responsible driver lacks qualifying liability insurance, while UIM coverage addresses situations where insurance exists but is insufficient.
How Do You Know Whether the Other Driver’s Insurance Is Enough?
The answer cannot always be determined immediately after the accident.
A claim may involve medical bills, future treatment, lost income, diminished earning capacity, pain and suffering, and other legally recoverable damages. Some injuries also take time to fully diagnose.
That is why accepting an early settlement before the extent of the injuries is understood can create problems. Once a claim is formally resolved and a release is signed, reopening the matter may not be possible.
A Law Firm handling an injury claim may review medical records, wage documentation, insurance information, and other evidence before assessing whether the liability limits are likely to cover the losses.
Can You Make a Claim Against Your Own Insurance Company?
Possibly. If you purchased applicable UIM coverage, you may be able to make a claim under your own policy after determining that the responsible driver’s insurance does not fully cover your bodily injury damages.
Making a UIM claim does not mean the insurer automatically pays whatever amount remains. The claim still must establish liability, covered damages, and the applicability of the policy.
Your insurance carrier may request medical records, bills, wage-loss documentation, accident evidence, and other information when evaluating the claim.
Working with Local Lawyers who understand Arizona injury and insurance law may help clarify which records are important and how the available coverage fits together.
Can You Personally Sue the At-Fault Driver?
An injured person may have the right to pursue the responsible driver personally for damages beyond the available insurance limits.
Whether doing so is practical depends on the circumstances. A judgment against an individual does not necessarily mean the full amount can readily be collected. Assets, income, exemptions, and other financial considerations may affect whether additional recovery is realistically available.
For this reason, an injury claim should generally involve a broader review of available insurance and potentially responsible parties rather than assuming that the at-fault driver’s policy is the only possible source.
A Law Office evaluating the claim may also examine whether another person or business could bear responsibility depending on how the collision occurred.
Could Other Insurance Policies Apply?
Sometimes.
Depending on the facts, additional policies may need to be investigated. Examples can include coverage associated with another involved vehicle, an employer if a driver was acting within the scope of employment, or other applicable insurance arrangements.
Arizona law can also affect how multiple uninsured or underinsured motorist policies or coverages interact. A.R.S. § 20-259.01 allows insurers in certain circumstances to limit coverage so that only one applicable policy or coverage selected by the insured applies to a particular accident.
Because insurance arrangements vary, policy language should be reviewed before assuming multiple coverages can be combined.
Why Is Underinsurance a Meaningful Concern in Arizona?
Arizona recorded 118,052 traffic crashes in 2025, according to the Arizona Department of Transportation. Although that represented a 4.4% decrease from 2024, ADOT reported that crashes and traffic fatalities remained near historically high levels.
With thousands of collisions occurring every year, minimum liability limits can become particularly important when an accident causes serious injuries.
A policy that satisfies Arizona’s legal minimum may still be considerably lower than the actual financial consequences of a severe crash.
What Evidence Should You Keep After the Accident?
Documentation can become especially important when damages may exceed the available liability insurance.
Useful records may include:
- Medical bills and treatment records
- Proof of missed work or lost earnings
- Photographs and videos from the crash
- Police or collision reports
- Insurance correspondence
- Repair estimates and property records
- Receipts for accident-related expenses
- Information about future recommended treatment
Keeping records organized can help establish the extent of the damages and identify whether the insurance limits are likely to be sufficient.
When Should You Speak With a Lawyer About an Underinsured Driver?
It may be useful to seek legal guidance when injuries are significant, treatment is continuing, the liability limits appear low, or an insurance carrier is asking you to resolve the claim before you understand the full extent of your damages.
At Whitney | Whitney | Baldridge | Atkinson, we help injured people evaluate available insurance coverage, document their losses, and understand the options that may exist when an at-fault driver’s policy is insufficient. We can review liability coverage, potential UIM coverage, and other issues affecting an Arizona personal injury claim.
If you were injured in an Arizona collision and have concerns about whether the responsible driver carries enough insurance, contact Whitney | Whitney | Baldridge | Atkinson or call (928) 753-5295 to discuss your situation.