Budge Law Firm, PLLC

Uninsured and Underinsured Motorist

Uninsured Motorist Coverage:

An uninsured motorist is one who has no insurance, does not have insurance that meets state-required minimum liability amounts, or whose insurance company is unwilling or unable to pay the claim. A hit-and-run driver would also be considered an uninsured motorist. Without this coverage, a person holding a regular automobile insurance policy may not receive payments if they are involved in an accident where the other party is at fault and uninsured.

Statute of Limitations for the Uninsured Motorist

  • Uninsured provisions of insurance policies may dictate their own limitations, which will likely be enforced by the court under contract law. Check your policy and comply with the terms. If you intend to make a claim against the insurance company, you must give written notice within 3 years after the date of accident or you will lose your right to the claim. A.R.S. §12-555.
Underinsured Motorist Coverage:

State laws typically require all motorists to have some form of auto insurance, although it is difficult for those states to maintain 100% compliance. Some drivers will purchase only the minimum amount of coverage required by law. The addition of underinsured motorist coverage usually adds only a nominal expense to the general insurance coverage.

Statute of Limitations for the Underinsured Motorist

  • Underinsured provisions of insurance policies may dictate their own limitations, which will be enforced by the court under contract law. Check your policy and comply with the terms. If you intend to make a claim against the insurance company, you must give written notice within 3 years after the date of accident or you will lose your right to the claim. You must also have made a claim or filed an action against the tortfeasor within the time limits prescribed by the Statute of Limitations. A.R.S. §12-555.
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