Tucson Uninsured Underinsured Motorist Lawyer

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Tucson Uninsured Underinsured Motorist Attorney

Arizona law requires every driver in the state to have personal auto insurance that meets minimum coverage requirements, but unfortunately, the state has a relatively high rate of uninsured drivers. If you recently suffered injuries in an accident caused by an uninsured or underinsured driver, recovery of your damages may be challenging without the help of an experienced Tucson uninsured/underinsured motorist lawyer.

best tucson uninsured underinsured motorist lawyer

Experienced Legal Counsel for Uninsured/Underinsured Motorist Claims in Tucson, AZ

The team at the Bleaman Law Firm, PC, offers client-focused legal counsel for a wide range of personal injury cases in Tucson, including those arising from motor vehicle accidents caused by uninsured and underinsured drivers. We take time to listen to our client’s story, help them identify all the various avenues of compensation available to them, and guide them through the most streamlined series of proceedings possible to recover their losses.

When you choose our firm as your legal counsel, you are investing in more than 20 years of professional experience. The Bleaman Law Firm, PC, excels at resolving difficult cases, and our firm can provide ongoing support through all stages of your recovery process after any type of motor vehicle accident in Tucson. We can help resolve your insurance-related issues, if any, before building a personal injury claim for you.

Understanding the State’s Auto Insurance Requirements

After most accidents in Tucson, drivers exchange their insurance details and file claims as necessary to recover damages. A driver at fault for an accident can rely on their insurance policy to cover the other driver’s damages. Arizona law enforces mandatory minimum coverage amounts for bodily injury liability and property damage liability that every driver must meet with their personal auto insurance policy. The minimum coverage amounts include:

  • A minimum coverage of $25,000 for bodily injury to a single person.
  • $50,000 coverage minimum for bodily injury to more than one person in a single accident.
  • $15,000 coverage minimum for property damage.

The state follows the fault rule for resolving car accidents, so the driver at fault for an accident is liable for the resulting damages. When another driver has caused an accident with you, your first option for recovering your losses is to file a claim against their auto insurance policy. However, if they do not have insurance, or if their insurance can’t fully cover your losses, you will need to file a personal injury suit against them instead.

While you are not required by law to purchase uninsured motorist coverage, adding this coverage option to your personal auto insurance policy can provide peace of mind if you are hurt in an accident caused by an uninsured or underinsured driver in the future. This coverage allows you to claim through your own policy and, in most cases, without incurring penalties like increased premiums.

If you do not have uninsured motorist coverage, you will need to file a personal injury suit against the driver who caused your accident. They are likely to face not only your civil claim for damages but also legal penalties from the state for driving without required insurance coverage. Most drivers in this situation lose their licenses until they can provide proof of insurance to the Department of Motor Vehicles.

Recovering From an Uninsured/Underinsured Motorist Accident in Tucson

When an injured driver has the option to file an auto insurance claim after their accident, an experienced attorney can make the claim filing process much easier and more likely to yield a positive result for the claimant. Your Tucson uninsured/underinsured motorist lawyer can guide you through the process and resolve any disputes raised against your claim. If insurance is not available to you, they can help build your personal injury suit against the at-fault driver.

Success with your personal injury claim requires proof that the defendant you have named in your claim is directly responsible for causing the damages cited in the claim. Most of the vehicle accidents reported in Tucson happen from driver negligence, but they can also occur because of drivers’ illegal misconduct behind the wheel. In either situation, your attorney can be invaluable for the help they can offer in gathering the evidence you need to recover your losses.

Under the state’s personal injury statutes, a plaintiff has the right to seek full repayment of all their economic losses resulting from a defendant’s actions. These are likely to include:

  • Vehicle repair costs and other property damage. Auto insurance typically covers some or all of these losses after an accident, but only if an at-fault driver has appropriate coverage. If they do not, all vehicle repair bills and other property losses may be cited as economic damages in a personal injury suit.
  • Medical treatment costs. When a defendant does not have auto insurance, they are personally liable for all the medical bills they incurred because of a defendant’s actions. The defendant who injured you is responsible for both immediate and future medical expenses you face because of the accident they caused, including the costs of all ongoing rehabilitation you may require for a serious injury.
  • Lost income. Many people injured in serious accidents are unable to work for long periods of time while they recover from their injuries. If this applies to your situation, the driver who injured you is responsible for the income you are unable to earn during this time. This also applies to your lost future earnings if you were permanently disabled by your injuries and cannot return to work.

In addition to immediate and future economic losses resulting from the accident, the victim also has the right to claim compensation for their pain and suffering. State law places no limits or caps on pain and suffering compensation in motor vehicle accident cases, so a plaintiff may claim whatever amount they deem reasonable to reflect the physical pain, emotional suffering, and psychological trauma they experienced in the accident.

Pain and suffering compensation could amount to more than the total of a plaintiff’s claimed economic damages, especially if they suffered any serious injury resulting in permanent disability. A plaintiff who has been permanently disabled will likely recover more pain and suffering compensation than a plaintiff expected to make a full recovery.

Comparative Fault in Arizona Accident Cases

While you might assume the other driver in your case is entirely at fault for your recent accident, it is important to consider whether you were negligent and contributed to causing the crash. If so, the state’s pure comparative fault rule will apply to your case, and you will lose a percentage of your final award equal to your percentage of fault for causing the accident.

For example, if the facts reveal that you are 10% at fault, you lose 10% of the case award won from the defendant. If you are found 40% at fault, you lose 40%, and so on. Under the pure comparative fault rule, there is no threshold of fault that bars the plaintiff from claiming compensation. However, the greater the total value of their case, the more impactful even a relatively small fault percentage could be.

Resolving an Uninsured/Underinsured Driver Claim in Tucson

The right attorney is an invaluable asset for recovering from any motor vehicle accident in Tucson. Your attorney can help gather the evidence you need to firmly prove liability for the accident, establish the full range of the damages you can claim from the at-fault driver, and determine your optimal path to recovering those losses. If insurance is available, they can help with your claim; otherwise, they can build a personal injury suit for you.

Most of the personal injury cases filed in Tucson each year end with privately negotiated settlements. However, this is only possible if all parties involved in a case are willing to negotiate and compromise on mutually acceptable terms. During private settlement, the plaintiff and defendant attempt to come to an agreement to resolve the claim. If this does not work, or if a defendant refuses to settle, the case needs to be resolved in litigation.

The driver who caused your accident is likely to face legal penalties if the facts show that they do not have auto insurance as required by state law or if their insurance does not meet the state’s minimum coverage requirements. In either case, they will likely have their driver’s license suspended until they can show proof of insurance. They will also be unable to rely on insurance to cover the damages they caused.

Find a Trustworthy Attorney in Tucson Today

The team at the Bleaman Law Firm, PC, can provide compassionate support for all the recovery efforts you attempt in the aftermath of your accident. We have successfully represented many past clients in a wide range of complex cases, and we are ready to put this experience to work for you. After receiving medical care, you should reach out to a Tucson uninsured/underinsured motorist lawyer right away.

Contact the Bleaman Law Firm, PC, today to schedule a free consultation with our team. We can review the details of your accident and help you determine the optimal path to recovering your losses in the most efficient manner possible.


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