How Much Can I Get From An Underinsured Motorist Claim? - Wyatt Injury Law
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How Much Can I Get from an Underinsured Motorist Claim in Arizona?

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If you are involved in a car accident in Arizona and the at-fault driver does not have enough insurance to cover your damages, an underinsured motorist (UIM) claim can help you recover the difference. Many insurance companies provide UIM coverage as a vital safeguard for drivers. To maximize your underinsured motorist claim compensation, get representation from a dedicated Arizona personal injury law firm.   

What Is Underinsured Motorist Coverage?

Underinsured motorist coverage (UIM) is designed to compensate you when the at-fault driver’s liability insurance is insufficient to cover the full extent of your losses. UIM insurance steps in when the responsible party’s policy limits fall short, helping to cover medical expenses, lost wages, and other damages not fully compensated by the at-fault driver’s insurance.

Arizona law requires that insurers offer uninsured and underinsured motorist coverage when you purchase auto insurance, but you can opt out of it in writing. However, many drivers in Arizona wisely choose to maintain UIM coverage for added financial protection.

How Does an Underinsured Motorist Claim Work in Arizona?

In Arizona, you can file a UIM claim if:

  • You are involved in an accident caused by another driver.
  • The at-fault driver’s insurance covers less than the total amount of your damages.
  • You have UIM coverage as part of your own insurance policy.

Here’s how the UIM claims process typically unfolds:

At-Fault Driver’s Insurance Payout 

After the accident, the at-fault driver’s insurance is required to pay up to their policy limits. For example, if their policy has a $25,000 bodily injury liability limit and your damages are $50,000, their insurance will cover the first $25,000.

Filing the UIM Claim 

Once the at-fault driver’s insurance payout has been exhausted, you can file a claim with your own insurance company for the remaining damages, up to your own UIM policy limit.

UIM Compensation 

Your insurer will compensate you for the difference between the at-fault driver’s insurance payout and your total losses, but only up to your UIM policy limit. For example, if your UIM coverage is $50,000, and you’ve already received $25,000 from the other driver’s insurance, you can claim the remaining $25,000 through your UIM coverage.

How Much Can I Claim for an Underinsured Motorist Accident in Arizona?

The underinsured motorist payout you can receive depends on several factors:

Policy Limits 

The primary factor is your own UIM policy limit. Arizona does not mandate a specific minimum UIM coverage, so the amount depends on what you opted for when purchasing your policy. Common UIM coverage amounts range from $25,000 to $500,000.

If your damages exceed the liable party’s insurance coverage as well as your UIM policy, you may have to consider other legal avenues.

Total Damages 

The extent of your injuries and damages will play a key role in determining how much you can recover through your uninsured motorist coverage or underinsured motorist coverage cover. Damages may include:

  • Medical expenses: Surgery, hospital stays, rehabilitation, and ongoing care
  • Lost wages: If the accident caused you to miss work or rendered you unable to continue working in the future
  • Pain and suffering: Compensation for physical pain and emotional distress caused by the accident
  • Property damage: Any damage to your vehicle that exceeds the at-fault driver’s property damage liability limits

Exhaustion Requirement 

Before pursuing a UIM or uninsured motorist claim, you must exhaust the at-fault driver’s liability insurance. This means the at-fault driver’s policy must pay out its full limit before your underinsured motorist coverage kicks in. In case of a hit-and-run accident where the at-fault driver is not found or has no coverage, your uninsured motorist coverage pays you. 

Stacking Policies 

Arizona law allows the “stacking” of UIM policies in certain circumstances. Stacking allows you to combine the coverage limits of multiple vehicles listed under the same policy or even across multiple policies, providing you with a higher coverage limit. For example, if you have UIM coverage of $50,000 on two vehicles, you may be able to stack the policies and have a total of $100,000 in UIM coverage available.

Comparative Negligence 

Arizona follows a pure comparative negligence rule, which means your compensation could be reduced if you are found partially at fault for the accident. However, this rule allows you to recover proportionate damages even if you are 99% at fault. For example, if you were found to be 30% at fault, you can only recover 70% of your damages.

Steps to File an Underinsured Motorist Claim in Arizona 

While UIM coverage helps to protect you when an at-fault driver’s insurance is insufficient to cover your damages, the claims process can be smooth and more effective with the guidance of an experienced Phoenix car accident lawyer.

Here’s what you should do:

Seek Medical Attention and Document Injuries

  • Why It’s Important: Your health and well-being are top priorities after an accident. Seeking medical care immediately ensures that your injuries are properly treated and documented, creating a strong foundation for your UIM claim.
  • How an Attorney Can Help: Your attorney can help gather all medical records and bills that are critical for proving the extent of your injuries. They will also ensure that your medical documentation is organized and submitted properly to the insurance company.

File a Police Report

  • Why It’s Important: Filing a police report is essential after any motor vehicle accident, especially if there are injuries or significant property damage. The report serves as an official record of the accident and can provide crucial evidence to support your underinsured motorist claim.
  • How an Attorney Can Help: An auto accident attorney will help ensure that the police report accurately reflects the details of the accident. They can obtain a copy of the report and use it to strengthen your claim, particularly by highlighting the fault of the underinsured driver and the severity of your injuries. If there are discrepancies or missing details, your attorney can work to correct them.

File a Claim with the At-Fault Driver’s Insurance

  • Why It’s Important: Arizona law requires you to first file a claim with the at-fault driver’s insurance company before you can pursue a UIM claim. This is known as the “exhaustion requirement,” meaning the at-fault driver’s liability insurance must be fully used up before your UIM coverage kicks in.
  • How an Attorney Can Help: A personal injury attorney can help you file this initial claim with the at-fault driver’s insurer, ensuring you meet all deadlines and provide sufficient evidence to support your claim. Your attorney will negotiate with the other driver’s insurance company to secure the maximum payout from their policy.

Determine the Extent of Your Damages

  • Why It’s Important: To successfully file a UIM claim, you must demonstrate that your damages (medical bills, lost wages, pain and suffering, etc.) exceed the amount covered by the at-fault driver’s insurance.
  • How an Attorney Can Help: Your attorney will assist in calculating the full extent of your losses, including medical costs, lost wages and reduced earning capacity, pain and suffering, property damage, and any long-term or permanent disabilities. 

Your lawyer can help ensure that every area of damage is accounted for so that you can receive full compensation through your UIM claim.

Notify Your Own Insurance Company of a UIM Claim

  • Why It’s Important: Once you have exhausted the at-fault driver’s insurance, you must notify your own insurance company that you intend to file an underinsured motorist claim. You are typically required to inform your insurer about the accident as soon as possible, even if you haven’t yet confirmed that the at-fault driver is underinsured.
  • How an Attorney Can Help: Your attorney will draft a formal notice to your insurance company, ensuring that the communication is clear, timely, and in compliance with your policy terms. An attorney will also guide you in navigating conversations with your insurer to avoid jeopardizing your claim.

Submit Proof of the At-Fault Driver’s Underinsurance

  • Why It’s Important: To qualify for UIM coverage, you must demonstrate that the at-fault driver’s liability limits are insufficient to cover your damages. This requires documentation of the at-fault driver’s policy limits, which may not always be readily available.
  • How an Attorney Can Help: Your attorney can obtain the necessary proof of the at-fault driver’s insurance policy limits, often by contacting the driver’s insurance company directly or through discovery. This step is essential to demonstrate to your insurance company that your damages exceed the available liability coverage.

File the UIM Claim with Your Insurance

  • Why It’s Important: Once you have established that the at-fault driver’s insurance is insufficient, you can formally file your UIM claim. This step involves submitting a detailed claim to your insurance company, including documentation of the accident, your injuries, medical bills, and proof of underinsurance.
  • How an Attorney Can Help: A personal injury lawyer can compile and submit all the necessary documentation, ensuring that the claim is comprehensive and backed by solid evidence. Your attorney will also ensure that the paperwork is filed within your policy’s specified timeframe to avoid denial on technical grounds.

Negotiate with Your Insurance Company

  • Why It’s Important: Even though you are filing a claim with your own insurance company, they may still try to minimize the payout. Insurers often attempt to settle claims for less than the full amount you are entitled to, which can significantly reduce your compensation.
  • How an Attorney Can Help: Your lawyer can handle all negotiations with your insurance company. They will leverage their legal expertise and knowledge of your policy to fight for the maximum settlement. This includes countering any lowball offers, presenting strong evidence of your damages, and emphasizing the full extent of your injuries.

File a Lawsuit if the Insurance Company Acts in Bad Faith

  • Why It’s Important: Arizona law requires insurance companies to act in good faith when processing UIM claims. If your insurer unfairly delays your claim, refuses to pay a valid claim, or acts inappropriately, you may have grounds for a bad-faith insurance lawsuit.
  • How an Attorney Can Help: If your insurer fails to settle your UIM claim fairly, your attorney can file a lawsuit against the insurance company for bad faith. This could lead to additional compensation beyond your UIM policy limits, including punitive damages.

Final Settlement or Trial

  • Why It’s Important: The final step in the UIM claims process is either reaching a fair settlement with your insurance company or taking your case to trial if necessary.
  • How an Attorney Can Help: Your lawyer can either secure a favorable settlement during negotiations or, if necessary, take your case to trial. At trial, your lawyer will present a compelling case to a judge or jury, aiming for a verdict that awards you the full compensation you deserve.
Motorcycle

Documentation Required for Filing Your UIM Claim in Arizona

To file a successful underinsured motorist (UIM) claim in Arizona, you must provide solid documentation and evidence to support your case. 

  • Accident Report
  • Proof of At-Fault Driver’s Insurance Coverage
  • Medical Records
  • Medical Bills
  • Proof of Lost Wages
  • Photographs of the Accident Scene
  • Witness Statements
  • Copy of Your Auto Insurance Policy 
  • Repair Estimates, Invoices, or Total Loss Reports for Vehicle Damage
  • Correspondence with Insurance Companies
  • Pain and Suffering Evidence (Personal Journals, Therapist Notes)
  • Proof of Exhaustion of At-Fault Driver’s Insurance through Settlements or Judgments

Choose an Experienced Auto Accident Attorney in Phoenix

If you have been injured in an auto accident in Arizona, Wyatt Injury Law, PLLC is here to provide you with the dedicated, responsive legal representation you need. Our founding attorney Justin Wyatt—named a Rising Star by Super Lawyers and Best Car Accident Lawyer by Expertise.com—leads a team recognized among The Top 100 National Trial Lawyers. With a proven track record of success, we are ready to fight for the maximum compensation you are entitled to. To schedule your free consultation, call us at (480) 660-8047 or contact us online.

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Justin Wyatt represented my husband after a motorcycle accident. He and his staff were personable, professional, and so hard working. He cared about us, and it showed. It was a difficult time for us, but we were able to focus on my husband's recuperation, knowing that Justin was taking care of everything else for us. Thank you so much!

- Sara Hendrickson

I was referred to Wyatt Injury Law by a friend after an accident with uninsured driver who ran a red light. After feeling pretty hopeless and being turned down by 3 other attorneys (one flat out told me cases like mine are a pain the a** and he just wants to retire), I almost gave up on the whole thing. After getting off the phone with Justin, I instantly knew I was in good hands. He and his team were excellent at communicating every step of the process to me and keeping me in the loop. His team made a very well organized effort in getting me the rightful reimbursement for my injuries, pain and suffering. I was very happy with the outcome of my case and would not hesitate to refer Wyatt Injury Law to my friends should any one of them need such personal injury representation in the future.

- Irene Amrine

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I, my husband, and my best friend from college were all involved in a horrific car accident on one of the local freeways. We were rear ended by a pickup truck and we all suffered significant injuries. Justin Wyatt was recommended to us by a trusted friend. From the moment we first spoke to Justin, we knew we were in the right hands. He is extremely knowledgeable, professional, and tenacious. He and his team worked tirelessly to settle our case and exceeded our expectations. We highly recommend Wyatt Injury Law to anyone in need of a personal injury attorney.

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The group at Wayatt Injury Law truly went above and beyond in handling my personal injury claim. They diligently explained every situation in detail to me and answered all of my questions. I had the pleasure of dealing with Justin, who from the very start, was upfront and realistic regarding the situation and expectations. In the end the Wyatt Injury Law maximized my claim for which I am very grateful. I was very fortunate to fall into the care of the Wyatt Injury Law, PLLC, and I would strongly recommend them to anyone in need of a law firm to handle a personal injury matter.

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Justin took care of my husband & I after we were rear ended on the freeway and our vehicle was totaled. We were referred to him by a friend. He took great care of us and we just finished our case. He and his staff were great always there to help and answer any questions we had. He walked us through the whole process. Justin is very knowledgeable and will fight for you. He truly cares about his clients and is always a phone call or text away. While we were in the middle of our case with him our son was in a serious motorcycle accident and he is also taking care of him as well. We will definitely recommend Justin at Wyatt Injury Law to anyone in need! Thank you Justin!!!

- L Vail

Justin and his team were amazing. I started my claim with another attorney and for over a year there was no movement on my case. Justin came recommended by a friend and from the first appointment with him it was night and day compared to my dealings with a previous attorney. Expectations were set early on and he was able to close out my injury claim within 3 months! Justin Wyatt and his office did an outstanding job and they were able to secure an awesome settlement.

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Justin and his team have helped me immensely after I was a victim of a T-Bone car accident. I was hesitant to bring in a lawyer into my case, but Justin and his team reassured me that everything would be taken care and has gone above and beyond what I could have asked for. Justin handled everything very professionally, communicated with my party and I very often, and saw that everything went as smoothly as possible for me. I cannot recommend him enough, so if you're looking for the best injury lawyer, Justin and his team with Wyatt Injury Law is the route you want to go. Thank you, Justin!

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From day one of having Justin & his team was such a comfort. They gave me the needed confidence to stay focused and positive, on such a difficult case. More importantly, they treated me as a friend and not a client. You and the team did such a wonderful job in all aspects of the case. Ya'll worked tirelessly to ensure the best possible outcome on my behalf, and I can't thank you enough, and will always be grateful for all of your efforts.

- Luis Avila

Whenever anyone of my friends or family is in need of a personal injury attorney, I don't hesitate to recommend Wyatt Injury Law. Justin and his team are fair-minded, professional, and do everything in their power to ensure a good outcome for their clients. Don't take on an insurance company yourself, call Wyatt Injury Law FIRST. You won't regret it!

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I had the opportunity to work with Justin’s firm over the last year. Justin is an exceptional legal professional and assisted me with an injury settlement case. His level of professionalism and expertise was apparent from the very beginning, and I felt confident that I was in capable hands. Justin and his team kept me updated on the progress of the case every step of the way. He handled this case with sensitivity and tact. Overall, I am extremely satisfied with the services provided by Wyatt Injury Law firm. They demonstrated exceptional communication skills and were able to effectively represent my needs and concerns throughout the process. I would highly recommend their services to anyone in need of legal assistance. Thank you for your outstanding service Justin!

- Edward Appiah Boateng