If you were hurt in a work-related crash and the other driver has no insurance or not enough insurance, you may have more than one place to look for help. Your workers’ compensation claim can remain important, and uninsured motorist or underinsured motorist coverage may also matter. Arizona’s Work Injury Firm offers a free consultation to help you understand the workers’ compensation side of a work crash: call (877 ) 370-5788 or contact Arizona’s Work Injury Firm.
When a work-related crash involves an uninsured or underinsured driver
A traffic crash can complicate a work injury quickly. You may have been driving a company vehicle, running an errand, traveling between job locations, making a delivery, or otherwise doing your job when another driver caused the collision. If that driver is uninsured, their lack of coverage can make a claim against them more difficult. If they are underinsured, their liability policy may not be enough to cover the losses connected to a serious injury.
That does not automatically mean you are out of options. A work-related crash can involve a workers’ compensation claim, a claim against the at-fault driver, and a possible UM or UIM claim. Each path has a different purpose, different decision maker, and different information that may be needed. The facts of the crash, your employment duties at the time, the insurance policies involved, and the injury itself all matter.
UM means uninsured motorist coverage. It may be relevant when the at-fault driver has no liability insurance. UIM means underinsured motorist coverage. It may be relevant when the at-fault driver has liability insurance, but that coverage is not enough for the circumstances of the claim. Whether UM or UIM coverage is available depends on the applicable policy and the facts.
You should also avoid treating a work crash as only an auto-insurance problem. Reporting the injury to your employer and protecting your workers’ compensation claim can be just as important as identifying the other driver’s policy. Medical care, lost time from work, and communication with insurers can move on separate tracks. Keeping records of the crash, your work activity, treatment, and insurer communications can make it easier to understand how those tracks fit together.
Arizona’s Work Injury Firm practices workers’ compensation law only. We can talk with you about the workers’ compensation issues created by a work-related crash and the questions that may arise when other insurance is involved. A free consultation is a practical place to start if you are unsure which benefits or claims may be in play.
Three potential sources of support after the crash
A single collision can point to three different potential sources. They do not all apply in every case, and they are not interchangeable. Looking at each one separately can help you avoid overlooking an important part of the situation.
1. The at-fault driver’s liability policy
The driver who caused the crash may have liability insurance. A claim against a negligent third party who is not your employer is different from a workers’ compensation claim. Arizona law allows an injured worker to pursue a civil claim against a negligent third party, but the injured worker must pursue that third-party claim within one year of the injury. If the worker does not do so, the right is automatically assigned to the workers’ compensation carrier.
That one-year rule differs from Arizona’s ordinary two-year personal-injury limitation. As the one-year point approaches, the worker or counsel can request a written reassignment from the workers’ compensation carrier. A written reassignment restores the worker’s right to pursue the third-party claim and preserves the additional year. For a broader explanation of this part of a work crash, see our page on Arizona third-party work injury claims.
The other driver’s policy may be an important source when it exists, but a policy may have limits that do not match the harm caused by a crash. That is one reason it is important to identify every possible source rather than assume the at-fault driver’s coverage answers every question.
2. UM or UIM coverage
UM or UIM coverage may be another possible source. The applicable coverage may be connected to the vehicle, a policy available to you, or another policy that requires review. The coverage, its limits, the policy language, and the facts determine whether a claim may be available. You should not assume that a policy applies merely because you have heard of UM or UIM coverage, but you also should not assume it does not apply before the policies have been identified and reviewed.
An uninsured motorist claim may be especially relevant when the other driver did not carry liability coverage. An underinsured motorist claim may become relevant when the at-fault driver’s liability coverage exists but does not fully address the claim. These are insurance claims, and the insurer may ask for information about the crash, the injuries, treatment, other available policies, and any resolution with the at-fault driver.
It is useful to keep copies of policy information, claim letters, crash reports, medical records, wage information, and communications about the other driver’s coverage. If an insurer requests information, read the request carefully and retain what you send. A written record can make it easier to see what has been provided, what remains disputed, and what deadlines or policy requirements you need to discuss with the appropriate professional.
3. Workers’ compensation benefits
When the crash occurred in the course of your work, workers’ compensation may provide benefits even when the other driver has no insurance or has limited coverage. Your workers’ compensation claim is not simply replaced by a UM or UIM claim. Workers’ compensation and other insurance can address different parts of the overall situation.
The workers’ compensation carrier’s interests can also be relevant when a claim is made against an at-fault third party. Under A.R.S. § 23-1023, a carrier has a statutory lien against a third-party recovery to the extent of the compensation and medical benefits it paid. The carrier is entitled to reimbursement only for medical expenses and indemnity, or lost-wage, payments. It is not entitled to reimbursement for legal fees, nurse case management, independent medical examinations, surveillance, or other non-recoverable costs.
Because the workers’ compensation claim has its own rules and benefit questions, it is wise to get the work injury evaluated early rather than wait for another insurer to decide its claim. Call (877) 370-5788 for a free consultation about your Arizona workers’ compensation claim.
Why UM and UIM proceeds are treated differently on workers’ compensation liens
The lien question is important, but it is not the same as the UM or UIM claim itself. Under the firm’s existing guidance, uninsured and underinsured motorist proceeds are not lienable under A.R.S. § 23-1023 in the way third-party liability proceeds are. That distinction can affect how you and the insurers discuss a recovery.
This page focuses on the claim process after a work crash, not a detailed lien analysis. For a focused discussion, read whether workers’ compensation liens apply to UM and UIM proceeds in Arizona. You can also review our overview of Arizona workers’ compensation liens.
Do not assume that every payment related to a collision is treated the same way. The source of the recovery matters. A settlement with an at-fault third party can raise different lien issues from UM or UIM proceeds. Sorting out the source of funds before a settlement is finalized can help avoid confusion later.
Stacking coverage and policy limits in plain English
“Stacking” is a term people use when more than one UM or UIM coverage may potentially be considered for the same injury. In simple terms, it means asking whether multiple available coverages can be looked at together instead of relying on only one policy. The answer depends on the policies involved and their terms.
For example, a work crash may involve a vehicle policy, an insurance policy available to the injured person, and the at-fault driver’s liability policy. That does not mean every policy will apply or that limits can always be combined. It means the policies should be identified before anyone assumes the available coverage begins and ends with the other driver’s policy.
Policy limits are the maximum amounts of coverage stated in a policy. They are not a guarantee of payment, and they do not by themselves determine the value or outcome of a claim. A driver may have no insurance, some liability coverage, or coverage that is not enough for the injuries at issue. UM and UIM coverage can become part of the conversation because of that gap.
Ask for copies of the relevant policies or declarations information where available. Make a list of the vehicles, insurers, and policyholders connected to the crash. Be accurate when describing your work activity and the collision. This basic information helps you and your advisors determine what questions need answers before a claim is resolved.
Frequently Asked Questions
What if the driver who hit me had no insurance while I was working?
You may have a workers’ compensation claim if the crash was work-related. You may also need to determine whether UM coverage is available under an applicable policy. The at-fault driver’s lack of insurance does not automatically end every possible claim, but it does make it important to identify the available policies and protect your workers’ compensation claim.
Can I get workers’ compensation and an uninsured motorist claim?
A work-related crash can involve both workers’ compensation and a possible UM claim. They are different sources with different rules. Whether UM coverage applies depends on the applicable policy and facts. Workers’ compensation may remain important for benefits related to the work injury.
What is the difference between UM and UIM after a work accident?
UM may apply when the at-fault driver has no liability insurance. UIM may apply when the at-fault driver has liability insurance but that coverage is not enough for the circumstances of the claim. The policy language and facts determine whether coverage may be available.
Do workers’ compensation liens attach to UIM money in Arizona?
The firm’s existing guidance states that UM and UIM proceeds are not lienable under A.R.S. § 23-1023 in the same way third-party liability proceeds are. Because the source of a recovery matters, review our page on UM and UIM lien questions after an Arizona work injury for the focused discussion.
Can I use more than one UM or UIM policy?
Possibly, but you should not assume multiple coverages can be combined. Stacking refers to the possibility of considering more than one available UM or UIM coverage. Whether that is available depends on the relevant policies and their terms. Identifying every potential policy is a useful first step.
What should I do if my insurer says my UIM claim is denied?
Keep the denial and request a clear written explanation. Preserve the policy, claim correspondence, crash information, medical records, and information about the other driver’s coverage. Continue to pay attention to your workers’ compensation claim while you determine what the insurer says is disputed.
Speak with an Arizona work injury attorney
After a work-related crash, you do not have to sort through workers’ compensation, another driver’s policy, and possible UM or UIM coverage by yourself. Arizona’s Work Injury Firm practices workers’ compensation law only and serves injured workers in Phoenix, Tucson, Yuma, Flagstaff, Mesa, Glendale, Scottsdale, Mohave County, and Lake Havasu. Contact us for a free consultation or call (877) 370-5788. There is no fee unless benefits are secured.
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