What Happens If You Get Into an Accident Without Insurance?

What Happens If You Get Into an Accident Without Insurance?

Getting into a car crash is stressful enough without worrying about not having insurance. In Arizona, driving without coverage can lead to fines and license suspension. But even if you were uninsured, you still have rights.

Arizona is a fault-based state, meaning the driver who caused the crash is responsible for the harm they caused. With the right help, you can still pursue compensation, use your health coverage for medical care and protect your future.

What Happens If You Have an Accident Without Insurance?

Arizona law requires drivers to carry at least $25,000 in bodily injury coverage per person, $50,000 per accident, and $15,000 for property damage. Driving without insurance is a civil offense that carries escalating penalties: a $500 fine and a three-month suspension for a first violation, $750 and six months for a second and $1,000 with a one-year suspension for a third.

After an accident, you’ll face two challenges: handling penalties for being uninsured and trying to recover damages from the at-fault driver. The following sections explain how Arizona law affects your rights and options.

Understand Comparative Negligence

Arizona follows a pure comparative negligence system (A.R.S. § 12-2505). This means that even if you share some blame for the crash, you can still recover damages; your award is simply reduced by your percentage of fault. For example, if you were 20% at fault and your losses total $50,000, you could still recover $40,000.

Insurance companies often use this rule to minimize what they pay, arguing that you contributed to the accident. Without coverage, it can feel like they have more leverage. Gathering solid evidence like photos, witness statements and the police report, and working with an attorney helps ensure fault is assigned fairly.

Going Against the Other Drivers' Insurance

Arizona’s fault-based system means the driver who caused the collision (and their insurer) is responsible for paying damages. If the other driver was at fault, you can file a third-party claim against their liability insurance for medical bills, lost wages and property damage, even if you didn’t have your own policy.

Keep thorough records of your medical treatment, vehicle repairs, and communication with insurers. Notify the at-fault driver’s insurance company as soon as possible, but expect pushback. Insurers may try to undervalue your claim or argue you were partially responsible. A lawyer can negotiate on your behalf or file a lawsuit if needed.

Unlike some states, Arizona does not have a “no-pay, no-play” law. That means your lack of insurance doesn’t stop you from seeking pain and suffering or other non-economic damages.

File a Lawsuit

If the other driver has no insurance or their coverage isn’t enough, you may need to file a personal injury lawsuit to recover damages. Arizona generally gives injured people two years from the date of the crash to file suit.

Suing uninsured or underinsured drivers can be difficult if they lack assets, but a court judgment allows collection methods like wage garnishment or property liens. Arizona’s comparative negligence rules still apply, and you can seek both economic and non-economic damages. In rare cases involving gross negligence, such as drunk or reckless driving, you may also pursue punitive damages to hold the wrongdoer fully accountable.

Will My Health Insurance Cover Me If I Got Into an Accident Without Insurance?

Yes, health insurance typically covers emergency and follow-up care even if you don’t have auto insurance. However, it’s considered secondary coverage, meaning it pays after any auto-related benefits like the at-fault driver’s liability insurance or your own MedPay are exhausted.

When your health insurer pays for accident-related treatment, it may later seek reimbursement from the at-fault driver’s insurer through a process called subrogation. You may still owe out-of-pocket costs like deductibles or copays, and most plans require you to use in-network providers for non-emergency care.

If you don’t have health insurance, some providers may treat you under a medical lien, agreeing to be paid from your eventual settlement or court award. An attorney can help negotiate these liens so you can get the care you need without upfront costs.

What Compensation Can You Seek After You Get Into an Accident Without Insurance?

Being uninsured doesn’t erase your right to compensation if another driver’s negligence caused your injuries. Arizona’s fault-based system and lack of a no-pay, no-play law mean you can pursue the same categories of damages as insured drivers: economic, non-economic, and sometimes punitive damages.

Economic Damages

Economic damages cover your direct financial losses, such as:

• Medical expenses and rehabilitation costs
• Lost wages and reduced earning capacity
• Vehicle and property damage
• Modifications to your home or car if you’re disabled

Keep detailed records like bills, receipts and medical notes to strengthen your claim and prevent insurers from undervaluing it.

Non-economic Damages

Non-economic damages address the personal impact of your injuries, including:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship or consortium

These damages are subjective and often contested, but Arizona does not cap pain and suffering awards. Your recovery will simply be reduced by your percentage of fault, as determined by comparative negligence.

Punitive Damages

Punitive damages are rare and reserved for extreme misconduct. They’re not meant to compensate you but to punish the wrongdoer and deter similar behavior. In Arizona, they’re only awarded when the defendant acted with an “evil mind,” such as in cases involving drunk or intentionally reckless driving. The standard of proof is higher, so you need clear and convincing evidence rather than just a preponderance.

Know What to Expect If You Get in an Accident Without Insurance

It feels overwhelming when you don’t know what happens if you get in an accident without insurance. You may worry about fines, license suspension, or how to afford medical care and repairs. But being uninsured doesn’t mean you’re powerless.

At Sargon Law Group, we understand how stressful these situations are. Our experienced personal injury attorneys know how to handle insurance companies, challenge unfair denials and fight for the compensation you deserve.

Don’t assume that being uninsured means you’re out of options. Reach out to a trusted car accident attorney at Sargon Law Group today for a free consultation. We’ll help you understand your rights, build your case and pursue the recovery you need to get back on your feet.