How to Handle Uninsured Motorist Accidents in Washington

Auto insurance is, by most standards, a given when it comes to a checklist of coverage to have for your assets. However, not everyone purchases it for their own protection, much less yours. As a matter of fact, Washington comes in at number five in the nation with one of the highest percentages of uninsured motorists on the road at 21 percent.

While it is often difficult to plan for the unexpected in life, like being involved in a collision with an uninsured motorist, we understand it happens and want to provide you with the laws and guidelines on how you can proceed next.

So, let’s talk about it. What happens when you are involved in an uninsured motorist accident in Washington State?

What Happens if the Driver At Fault in an Accident Has No Insurance? A No Insurance Car Accident Example.

While vehicle accidents differ in severity, having insurance in place can bring you peace of mind. Without it, serious consequences can occur, as in this real-life example, which sheds light on the importance of choosing the right options and policy limits for you and your future.

A woman driving her own vehicle entered an intersection legally, only to be T-boned by an SUV that ran the light. She suffered more than one personal injury as a result.

Emergency responders arrived at the accident scene, extricated her from the car, and rushed her to the emergency room. She suffered a severe head injury, broken bones, and several deep cuts and will require medical care for years to come, which will be costly.

Unfortunately, the at-fault driver did not have auto insurance. He also had few assets to his name, so going after him personally would not net enough to help pay those medical bills and any lost wages.

While the injured woman has access to no-fault and liability insurance coverage, it is not enough and will only last a few months. The saving grace of this experience is that the woman had added the uninsured/underinsured motorist coverage to her own insurance policy prior to the accident.

While she has a long way to go towards her recovery and getting back to her quality of life, at least she has the funds needed to help her get there.

You Need Uninsured Motorist Coverage in Washington State

Understanding what uninsured motorist coverage is in Washington State and its benefits is the first step to protecting yourself should such an accident occur.

To start, uninsured and underinsured coverage is packaged together and covers both bodily injury and property damage. This uninsured/underinsured motorist (UM/UIM) coverage is presented as an option that you can include on your policy. You must opt-out if you choose to exclude it.

Many states make it mandatory that you carry UM/UIM coverage in your policy. However, here in Washington, you are not required by law to do so, but it is highly recommended.

How Much UM/UIM Coverage Should Drivers in Washington Carry?

Drivers in Washington should carry at least the minimum UM/UIM coverage, which includes the following.

• Uninsured Motorist Bodily Injury: minimums of $25.000 per person and up to $50,000 for each accident.
• Uninsured Motorist Property Damage: a minimum of $10,000 per accident.
• Underinsured Motorist Bodily Injury: minimums of $25,000 per person and up to a total amount of $50,000 per accident.
• Underinsured Motorist Property Damage: $10,000 per accident.

What Recourse Do I Have if I’m Hit by an Uninsured Driver in Washington State?

If you are hit by an uninsured driver in Washington State, you may have recourse, depending on what is found in the ensuing investigation. Seek the help of an experienced personal injury lawyer. An in-depth review will occur to answer the following:

1. If a person is cited for no insurance but has insurance, most Washington courts will allow them to present proof of insurance in order to dismiss the citation against them. Proof of this will then be on file at the court.
2. Was the vehicle registered to another person? Does that person have insurance on the vehicle?
3. Was the person traveling on behalf of another person or business? That person or business may have insurance that covers the vehicle.
4. Is there another potentially liable entity that may be held responsible under Washington’s joint and several liability statute? That entity may yet have to pay a full judgment.
5. Do you have access to your own underinsured motorist coverage? If the incident was a hit-and-run, most insurers will require both a police investigation and prompt notice to your insurance company.

What Happens if You Have No Insurance but the Other Driver Was at Fault?

Whether or not a person has insurance has no bearing on the liability of another driver. In other words, the focus is on the at-fault driver and what insurance coverage they do have to pay damages.

Washington state laws allow for you to collect compensation from the driver who is at fault or their insurance company. Should the other driver not carry auto insurance and found to be at fault for the accident, suspension of their driver’s license can occur if they do not compensate you for the resulting damages you suffer.

Does Uninsured Motorist Coverage Cover Property Damage?

Uninsured Motorist Property Damage coverage can be added to your insurance policy. Such coverage will pay to replace or repair your vehicle after an accident. However, here in Washington, drivers can also use their collision insurance to cover repairs to the vehicle in a car crash.

Will My PIP Coverage Kick in if I Was Hit by an Uninsured Motorist?

Personal Injury Protection (PIP) coverage will kick in for Washington drivers involved in a motor vehicle accident with an uninsured motorist. This PIP coverage, like the UMBI coverage, will cover medical expenses incurred by the policyholder as well as any passengers in the vehicle at the time of the accident, regardless of which driver is found to be at fault.

What to Do if You Are Hit by an Uninsured Driver in Washington State

If you are hit by an uninsured driver in Washington, take the following actions.

• Call 911 and request medical assistance for anyone injured in the crash.
• Stay on the scene and wait for a police officer to arrive. The police report will be an essential part of your claim.
• Take photos of the accident scene, including all vehicles involved, road conditions, any traffic signs or signals in the vicinity, and any sustained injuries. Also, if there were witnesses, obtain their contact information.
• Exchange contact and insurance information with the other driver. Contact information is especially important, because it may be possible to identify alternative coverage sources.
• Review your car insurance policy as soon as possible to determine what and how much coverage you have.
• Contact your insurance company.

Consider seeking a case review from an experienced Washington car accident attorney prior to filing an insurance claim and if you believe expenses will exceed what the insurer may offer to settle your claim.

Next Steps If You Don’t Have Uninsured/Underinsured Motorist Coverage

Sometimes, you only realize how important having UM/UIM coverage is after an accident. If you find yourself without this coverage and in an auto accident that is not your fault, here are some next steps to take.

• Review your insurance policy for the coverage you do have. For example, you should have some level of collision coverage, which will cover vehicle damage, and personal injury protection (PIP) coverage for medical expenses for injuries.
• If you do not have this coverage, or it is limited, you will need to pay some, if not all, medical and property damage expenses yourself.
• Speak with a car accident lawyer. Most law offices offer a free case evaluation, and you can gain legal advice to help you determine what to do next.

Why Clients Choose the Washington Auto Accident Attorneys at McPartland Law Offices

Here at McPartland Law Offices in Eastern Washington, we always strive for a successful outcome in each case. So far, we have been able to recover millions of dollars for clients. As a firm dedicated to accident victims since 2012, we will not hesitate to take on even the largest insurance companies and more here in the state of Washington.

Testimonials

Our law firm is honored to have over 150 5-star reviews so far. Here is what three of our clients had to say about their experience with us.

“McPartland Law Office is great! Everyone will work tirelessly to help you & accomplish whatever needs to be done! I highly recommend using McPartland Law.” – Margaret S.

“Excellent service. Best attorney in town.” – Kyle S.

“When all others wouldn’t take or wanted nothing to do with my case, McPartland took it, stuck with it, and saw it through till the end. Bryce was determined to get me what I deserved. He was always honest and held nothing back. My family and I are thankful for his hard work and determination in my case. I would recommend him to anybody who needs legal help. Thank you again, Bryce.” – Joey J.

If You Were Involved in a Car Accident Without Insurance, Call McPartland Law Offices

Being involved in a car accident is stressful enough on its own, but when one or both drivers do not have insurance, it becomes even more complex. If you or one of your loved ones find yourself in such a situation, you still may have options to help meet your financial needs for medical bills and more. Call McPartland Law Offices today at 509-495-1247 or submit our website’s online contact form to schedule a free consultation.