Getting into a auto accident in Seattle is stressful enough. Finding out that the driver who caused the crash doesn’t have insurance can make the situation even more frustrating.
You may be left with medical bills, vehicle repairs, missed work, and one major question: Who is going to pay for all of this?
The good news is that being hit by an uninsured driver does not necessarily mean you are out of options. Depending on your insurance coverage and the circumstances of the accident, there may still be ways to recover compensation for your losses.
Quick Answer: What Happens If an Uninsured Driver Hits You in Washington?
If an uninsured driver causes an accident in Washington, you may still have options for recovering compensation. Depending on your coverage, you may be able to make a claim through uninsured/underinsured motorist coverage, personal injury protection (PIP), collision coverage, health insurance, or against the at-fault driver directly.
Before assuming you’ll have to pay for your losses yourself, review your insurance coverage and understand what benefits may be available.
What Should You Do If an Uninsured Driver Hits You?
Your first steps should be similar to those you would take after any serious car accident.
Call the Police
Report the accident, particularly if anyone is injured. A police report can provide important documentation about the crash and the people involved.
If the other driver tells you they don’t have insurance, don’t simply agree to handle the accident privately and leave the scene without documenting what happened.
Seek Medical Attention
Get medical attention if you’re injured or experiencing symptoms. Some injuries, including concussions, whiplash, and other soft tissue injuries, may not be immediately apparent after a crash.
Prompt medical treatment protects your health and helps document the connection between your injuries and the accident.
Document the Accident
If you’re able to do so safely, take photos or videos of:
- Vehicle damage
- The accident scene
- License plates
- Road and weather conditions
- Visible injuries
- Traffic signs or signals
Exchange information with the other driver and collect contact information from any witnesses.
Notify Your Insurance Company
Report the accident promptly. When the other driver is uninsured, coverage available through your own auto insurance policy may become especially important.
Keep copies of any correspondence you receive from insurers throughout the claims process.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage is designed to provide protection when someone who does not have applicable liability insurance causes an accident. Learn more about how uninsured and underinsured motorist claims work in Washington.
Instead of relying solely on insurance carried by the at-fault driver, you may be able to pursue a claim through your own policy.
Washington auto insurers generally must offer uninsured and underinsured motorist coverage with auto liability policies, although an insured can reject some or all of that coverage in writing.
Whether you have this coverage and how much is something you can usually find on your auto insurance declarations page.
What Is Underinsured Motorist Coverage?
An underinsured driver is different from an uninsured driver.
An uninsured driver has no applicable liability insurance. An underinsured driver has insurance, but the available coverage isn’t enough to compensate you fully for your covered losses.
For example, a serious accident could result in substantial medical expenses, months away from work, and long-term injuries. If the at-fault driver’s available liability insurance is insufficient to cover your damages, your own underinsured motorist coverage may provide another potential source of recovery.
The amount available will depend on your policy, coverage limits, and the circumstances of your claim.
Who Pays Your Medical Bills If the Other Driver Has No Insurance?
There isn’t one answer that applies to every accident.
Depending on the coverage available, your medical expenses may potentially be addressed through:
- Personal injury protection (PIP)
- Uninsured/underinsured motorist coverage
- Health insurance
- Other applicable insurance
- A claim against the at-fault driver
Washington’s Office of the Insurance Commissioner explains that PIP can provide benefits for certain accident-related expenses regardless of who caused the collision.
Determining which coverage applies and in what order can become complicated when significant injuries are involved.
Medical expenses are just one of several types of damages that may result from an auto accident.
Hit by an Uninsured Driver? You May Still Have Options
Finding out that the person who caused your accident doesn’t have insurance can leave you wondering how you’ll pay your medical bills, replace lost income, or cover other expenses.
Don’t assume that no insurance means no compensation.
Other coverage may be available depending on your insurance policy and the circumstances of the accident. The attorneys at Greaney Scudder Law Firm can review your situation and help you understand your options.
What If the Other Driver Has Insurance, but It Isn’t Enough?
This is where underinsured motorist coverage can become especially important.
A driver’s liability limits can be exhausted quickly after a serious accident. Medical treatment, rehabilitation, lost income, future medical care, and other damages may significantly exceed the amount of liability insurance available.
If that happens, your UIM coverage may provide an additional source of compensation, subject to the terms and limits of your policy.
Before agreeing to a settlement that exhausts the other driver’s available insurance, make sure you understand how the settlement could affect any additional claims you may have.
Can You Sue an Uninsured Driver?
Potentially, yes.
A driver does not escape legal responsibility for causing an accident simply because they don’t have insurance.
However, obtaining a judgment and actually collecting money are two different issues. A driver who does not carry insurance may also have limited assets or income available to satisfy a judgment.
For that reason, identifying all available insurance coverage and other potential sources of compensation can be an important part of evaluating an uninsured motorist accident.
What If You Don’t Have Uninsured Motorist Coverage?
Your options may be more limited, but that doesn’t necessarily mean you have none.
Depending on your circumstances and insurance policies:
- PIP may help with certain accident-related expenses.
- Collision coverage may help pay for damage to your vehicle.
- Health insurance may cover medical treatment subject to your plan.
- You may have a claim directly against the at-fault driver.
- Other insurance coverage or potentially responsible parties may exist in some accidents.
Every situation is different. Before assuming there is no way to recover your losses, determine exactly what insurance coverage applies to the accident.
What Happens After a Hit-and-Run Accident?
A hit-and-run creates a similar problem: there may be no identifiable driver’s insurance company to pursue.
Uninsured/underinsured motorist coverage can be particularly important in these situations.
Washington law also addresses certain accidents involving phantom vehicles – vehicles that cause an accident without making physical contact with the injured person’s vehicle.
Special requirements can apply to these claims. For example, Washington law includes a 72-hour law-enforcement reporting requirement for certain phantom-vehicle claims.
If another vehicle caused you to crash and left the scene, report the accident promptly and preserve as much evidence as possible.
What Evidence Should You Keep After an Uninsured Driver Accident?
Documentation can play an important role in establishing both what happened and the extent of your losses.
Keep copies of:
- Police and collision reports
- Photos and videos
- Witness contact information
- Medical records
- Medical bills
- Prescription receipts
- Vehicle repair estimates
- Proof of lost wages or income
- Insurance correspondence
- Your insurance declarations page
- Your complete auto insurance policy, if available
It’s also helpful to keep a record of medical appointments, time missed from work, and other ways your injuries affect your daily life.
Common Mistakes to Avoid
Finding out the other driver doesn’t have insurance can cause people to make decisions too quickly.
Try to avoid:
- Assuming you cannot recover compensation
- Failing to report the accident
- Delaying necessary medical treatment
- Not reviewing your own insurance coverage
- Discarding medical bills or accident records
- Giving inaccurate or speculative statements about the accident
- Accepting a settlement before understanding your total losses
- Assuming your own insurance company will automatically identify every benefit available to you
Even when you’re dealing with your own insurer, carefully documenting your claim and understanding your policy remains important.
What If Your Own Insurance Company Disputes the Claim?
Many people expect the process to be simple when they’re making a claim under their own insurance policy.
That isn’t always the case.
Your insurance company may investigate liability, review your medical treatment, determine which policy provisions apply, and evaluate the amount of your damages.
Disagreements can arise over whether coverage applies or how much the insurer should pay.
If an insurer improperly denies, delays, or underpays a valid claim, additional legal issues may arise. Understanding your policy and the insurer’s obligations can help you determine what to do next.
How Can an Attorney Help With an Uninsured or Underinsured Motorist Claim?
Uninsured and underinsured motorist claims can become complicated because they involve both the underlying accident and the terms of your own insurance policy.
An auto accident attorney may be able to help by:
- Investigating how the accident happened
- Determining who was responsible
- Reviewing applicable insurance policies
- Identifying potential sources of compensation
- Gathering medical and financial documentation
- Communicating with insurance companies
- Evaluating settlement offers
- Addressing disputes over coverage or the value of your claim
Legal guidance can be particularly important when you’ve suffered serious injuries, the available insurance is limited, fault is disputed, or an insurer denies or delays your claim.
Get Help After an Accident With an Uninsured or Underinsured Driver
You shouldn’t have to navigate a complicated insurance claim while you’re trying to recover from an accident.
Greaney Scudder Law Firm helps people injured in Washington auto accidents understand their insurance coverage, legal rights, and options for pursuing compensation.
If the driver who caused your accident had no insurance or didn’t have enough insurance to cover your losses, our attorneys can review your situation and help you determine what options may be available.