The underinsured motorist statute of limitations in Arizona is not one deadline. Two clocks run from a crash: written notice to your own insurer, and a claim or lawsuit against the at-fault driver. Miss either and you may lose the claim. These Arizona filing deadlines depend on your facts, so read on.
How does underinsured motorist Arizona coverage work?
Underinsured motorist coverage, usually called UIM coverage, is part of your own auto policy. It applies when the at-fault driver, called the tortfeasor (the person whose wrongful act caused your injury), carries bodily injury liability insurance too low to cover your damages. Your own insurer, the company that insures your vehicle, then pays the gap, up to your UIM limits.
UIM coverage is not automatic money. You still must show the other driver caused the car accident and prove your losses, such as medical bills, lost income, and pain. Arizona uses pure comparative fault under A.R.S. 12-2505, so your own share of blame lowers your damages but does not bar the claim.
Your insurance policies show what insurance coverage you bought. The declarations page lists the insured drivers, vehicles, and limits for your underinsured coverage and uninsured motorist coverages, along with other coverages such as liability. Then read the policy provisions on notice, consent to settle, and arbitration. The amount available depends on the policy language, and we can review the policies with you.
What is the underinsured motorist statute of limitations?
A statute of limitations is a law that sets the last day to start a legal claim. The underinsured motorist statute of limitations is tricky because it is not one rule. Two Arizona statutes set separate clocks, and a third clock starts once you give notice. Each one can end UIM claims on its own.
What is the Arizona UIM statute of limitations?
In most Arizona personal injury cases, the deadline to sue the at-fault driver is generally two years from the date of injury (A.R.S. 12-542). The Arizona UIM statute of limitations adds a longer notice requirement. You must give your own insurer written notice within three years (A.R.S. 12-555), counted from the crash or from when you knew or should have known the driver was uninsured or underinsured. The three-year period does not replace the two-year one. Both can apply to the same underinsured claim.
If a city, county, the state, a public school, or a public employee caused the crash, a written notice of claim stating a specific dollar amount is due within 180 days (A.R.S. 12-821.01), and a lawsuit within one year (A.R.S. 12-821).
What are the two deadlines on an underinsured motorist claim?
UIM claims run on a double deadline, with a third date after you give notice.
| Clock | What you must do | Time limit | When it starts | |---|---|---|---| | Notice | Give your own insurer written notice | Three years (A.R.S. 12-555) | The crash, or when you knew or should have known the driver was underinsured | | At-fault driver | Claim with that driver's insurer, or sue the driver | Two years (A.R.S. 12-542) | Generally the date of injury | | Your insurer | Start arbitration or file suit | Three years | The date you gave notice |
Arbitration is a private hearing where an arbitrator, not a judge, decides the dispute. Some policies require it for UIM disputes. Because the first two clocks run side by side, the shorter one usually arrives first, and for many people that is the two-year date.
When does the UIM statute of limitations start running?
The usual starting point is the crash date. The three-year notice period can start later if you did not know, and had no reason to know, that the driver was uninsured or underinsured. Injuries from car accidents can show up slowly, and low limits may surface only later. That date depends on the facts, and an insurer may argue for the earlier one. Do not count on the later date. Count from the crash and call early.
How to file an underinsured motorist claim?
A UIM claim usually moves in this order:
- Keep every medical record, bill, and receipt.
- Get the police report, plus photos of the scene and vehicles.
- Find the insurance company that insures the tortfeasor and ask for the bodily injury liability limits in writing.
- Send your own insurer written notice of a possible UIM claim. Do not wait for the other claim to finish.
- Present your damages to the at-fault driver's carrier, and keep your insurer informed before you accept any settlement.
- Insurance companies often ask for recorded statements, so think before agreeing to a recorded call, and read every release closely. Signing the wrong release can injure your legal rights.
- If your insurer denies the claim or offers too little, start arbitration or file suit before the deadline.
If you are unsure which date applies to your crash, ask our experienced and friendly Car Accident Lawyer to go through your insurance policies and timeline with you.
Does filing an underinsured motorist claim stop the statute of limitations clock?
Not the way most people expect. Written notice to your insurer satisfies the three-year notice requirement and starts the three-year period to begin arbitration or file suit against that insurer. It should not be treated as extending the two-year period for the claim against the at-fault driver, the tortfeasor. Talks with an adjuster at your carrier, records requests, and slow replies do not generally pause any clock either, and the underinsured motorist statute of limitations keeps running.
Can I file an underinsured motorist claim after settling with the at-fault driver?
Often yes, but only if you protect the claim first. Many UIM claims begin after the company that insures the at-fault driver pays its limits. The risk is the release. Under some policy provisions, you as the insured must tell your own insurer before you settle or sign, and a release that is too broad can injure your legal rights. Settlements with the at-fault driver do not stop the clocks above. Whether your insurance coverage still applies depends on the policy provisions and the release language, so speak with an attorney before you sign.
What happens if I miss the underinsured motorist statute of limitations?
Under most circumstances, a missed deadline closes your case permanently. The insurer and its attorneys will likely raise the date as a defense, and courts generally enforce these dates strictly. If you think a date may have passed, call right away so we can tell you where you stand.
Is the uninsured motorist statute of limitations the same?
The three-year notice rule is the same. A.R.S. 12-555 covers uninsured motorist claims too, counted from the crash or from when you knew or should have known the driver was uninsured. The difference is the second step. An underinsured claim also needs a claim with the at-fault driver's insurer, or a lawsuit against that driver, within the two-year period. Where the driver was never insured, there is no insurer to make that claim against. Treat every date as live and call early.
Hit-and-run accidents and phantom vehicles also fall under uninsured motorist coverage, and physical contact is not required. With no contact, A.R.S. 20-259.01(M) requires corroboration that the other vehicle caused the crash. An independent witness is best, but video, physical scene evidence, and 911 or police report records also count.
Common Questions About UIM Claims
Does Arizona require underinsured motorist coverage?
Arizona law requires drivers to carry liability insurance, but UIM coverage is a separate coverage. Insurers generally must offer it, and you may be able to decline it in writing. Check your declarations page to see what insurance coverage you have and what the limits are. The truth about underinsured coverage is simple: it only helps if you bought it.
How long can an insurance company sit on a claim?
No single date forces an insurer to pay. Arizona's claim-handling statute, A.R.S. 20-461, sets standards for insurers, but only the Arizona Department of Insurance and Financial Institutions enforces it, and you cannot sue under it. A lawsuit over delay or denial is a common-law bad faith claim that comes from Arizona case law. A slow insurer does not pause your filing deadlines.
How to sue an underinsured driver?
You generally file suit against the at-fault driver within two years under A.R.S. 12-542, unless a government exception applies. Many underinsured cases end in settlements with that driver's insurance company instead. Your UIM claim against your own insurer is separate, with its own notice and arbitration or lawsuit deadlines.
How much uninsured and underinsured motorist coverage do I need?
No set number fits everyone. People often compare the limits of their coverages with their own liability limits, their health coverage, and what serious accidents can cost in medical bills and lost income. An insurance agent can quote options, and attorneys can explain how policy provisions work after a crash. If you already have a claim, we can review the insurance coverage you bought.
Talk With Valley Accident Law Before a Deadline Passes
The earlier you call, the better, but it's never too late to find out your legal rights. Call 602-584-8054 or contact Valley Accident Law to talk about your situation.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship.
