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Hit by an Uninsured Driver in Gilbert: Your Real Options

Roughly one in seven U.S. drivers carries no insurance. When one of them hits you in Gilbert, the playbook changes — but you are not out of options.

Hit by an uninsured driver? You likely have rights — and coverage — you don’t know about.

The coverage hierarchy

  1. Your UM/UIM coverage. Uninsured/underinsured motorist coverage steps into the at-fault driver's shoes and pays what their nonexistent insurance should have. This is the main recovery path.
  2. Collision coverage for the vehicle, minus your deductible.
  3. Health insurance for treatment, with possible reimbursement from any later recovery.
  4. Suing the driver personally — legally available, practically limited: most uninsured drivers have few collectible assets. An attorney can assess whether it's worth it.

The UM claim is adversarial — treat it that way

Your own insurer becomes the opposing party in a UM claim: they owe the money, so they evaluate your injuries the way the other driver's insurer would have. Document treatment from day one, don't give casual recorded statements about your injuries, and get any settlement offer benchmarked before signing. The Arizona lawsuit deadline (generally 2 years) and shorter policy notice deadlines both apply.

What to do at the scene

When a driver says "I don't have insurance," people skip steps. Don't: call 911, get the Gilbert police report, photograph everything, and get the driver's license and plate. The report proving their uninsured status is what unlocks your UM claim.

Frequently asked questions

What if I don't have UM coverage?

Your options narrow to collision coverage for the car, health insurance for treatment, and suing the driver personally. Going forward, UM coverage is one of the cheapest protections you can add to a policy.

Can I sue an uninsured driver in Arizona?

Yes, within generally 2 years of the crash. Whether it's worthwhile depends on the driver's assets and wages — judgments against judgment-proof defendants often go uncollected. Get an attorney's read first.

Does underinsured (UIM) work the same way?

Similar: when the at-fault driver's limits are too low for your damages, UIM pays the gap up to your own limits, after the at-fault policy pays its maximum.

Related Gilbert guides

Find qualified help: our Find Help directory lists vetted attorney directories and the Arizona trial lawyers association.