What This Statute Says
Uninsured motorist coverage is a contractual layer on top of a personal injury claim. This section sets a strict notice requirement: the claimant must notify the insurer in writing within three years of the accident, or the carrier owes nothing.
A. An insurer is not liable for uninsured motorist coverage benefits unless the person making the claim gives written notice to the insurer of the person's intent to pursue the claim against the uninsured motorist portion of a motor vehicle policy within three years after the date of the accident that caused the bodily injury, except that a person may make an uninsured motorist claim within three years after the earliest of the following:
A.R.S. § 12-555When This Statute Comes Into Play
Common situations:
- An estate pursues a wrongful death claim arising from an uninsured-driver accident.
- A surviving family member is hurt by an uninsured motorist and may have uninsured motorist coverage available.
- A personal representative is investigating the decedent's insurance coverage after a fatal collision.
What This Means for Arizona Families
Auto accidents involving uninsured drivers are one of the most common reasons families end up filing wrongful death or survival claims in Arizona probate. The personal injury deadline is two years, but the uninsured motorist notice requirement is a separate and shorter trap that can close before the family even hires a lawyer.
If a loved one was killed or seriously injured by an uninsured or hit-and-run driver, find the insurance declarations page for the decedent's auto policy as soon as possible. Our FAQ on starting probate after death in Arizona covers the related early steps in administration. The written notice to the insurer is not a lawsuit; it is a short letter that preserves the right to claim later. Missing this notice eliminates one of the most important sources of recovery in fatal-accident cases. An Arizona probate attorney working with a personal injury specialist can preserve the notice while the family handles the immediate aftermath. Pairing this with the underlying wrongful death claim under A.R.S. 12-542 protects every available remedy.