Being involved in a car accident is already a jarring experience, but discovering the at-fault driver is uninsured can feel like a punch to the gut. In Washington State, where carrying liability insurance is mandatory, it's frustrating to face this situation. However, don't despair. You have options, and understanding them is your first step towards recovery.
The Immediate Aftermath: Stay Calm, Act Smart
Your well-being is paramount. First and foremost:
Prioritize Safety and Seek Medical Attention: Even if you feel fine, get checked out by a medical professional. Injuries can be subtle and manifest hours or days later. Prompt medical attention creates a crucial record of your injuries, which is vital for any future claims.
Call the Police: Report the accident immediately, especially if there are injuries or significant property damage (over $1,000). A police report provides an official, unbiased account of the incident, including the other driver's uninsured status. This report is invaluable evidence.
Gather Information: Collect as much information as you can at the scene. This includes:
The uninsured driver's name, contact information, and driver's license number.
Their vehicle's make, model, license plate number, and registration.
Contact information for any witnesses.
Take photos and videos of the accident scene from various angles, including vehicle damage, road conditions, traffic signs, and any visible injuries.
Understanding Your Insurance Options in Washington
Washington is a "fault" state, meaning the at-fault driver is financially responsible for damages. However, when that driver is uninsured, your own insurance policy becomes your primary recourse. This is where certain coverages become critical:
Uninsured/Underinsured Motorist (UM/UIM) Coverage: This is your strongest ally. While not mandatory in Washington State, insurance companies are required to offer it, and it's highly recommended.
UM Bodily Injury: Covers your medical expenses, lost wages, pain and suffering, and sometimes even funeral costs if the uninsured driver caused your injuries.
UM Property Damage: Covers the repairs or replacement value of your vehicle if the uninsured driver is identified. (Note: In Washington, UMPD typically doesn't cover hit-and-run accidents where the driver isn't identified, unlike some other states.) If you have UM/UIM coverage, you'll file a claim with your own insurance company, and they will step into the shoes of the uninsured driver's insurance to compensate you.
Personal Injury Protection (PIP) Coverage: This is another valuable, though optional, coverage in Washington. PIP pays for your medical expenses and lost wages, regardless of who was at fault. It's a "no-fault" coverage, meaning it kicks in quickly to help with immediate costs.
Collision Coverage: If you have collision coverage on your policy, it will pay for the damage to your vehicle, regardless of fault. You'll likely pay your deductible, but it will get your car fixed.
What if you don't have UM/UIM, PIP, or Collision Coverage?
This is a tougher spot. You might be left paying out-of-pocket for medical bills and vehicle repairs. In such cases, you still have the right to pursue the at-fault driver directly through a personal injury lawsuit. However, this can be challenging as uninsured drivers often lack significant assets to cover a judgment. You can also file a Motor Vehicle Claim for Damages with the Washington State Department of Licensing (DOL) if damages exceed $1,000; if the uninsured driver fails to pay, their license may be suspended.
When to Consult a Personal Injury Attorney
Navigating an uninsured motorist claim can be complex. Your own insurance company, while obligated to pay, is still a business and may try to minimize your payout. This is where an experienced Washington personal injury attorney becomes invaluable. They can:
Review your insurance policy: Ensure you understand all available coverages and limits.
Investigate the accident: Gather evidence to establish fault and maximize your claim.
Negotiate with your insurance company: Advocate for your rights and ensure you receive fair compensation for all your damages, including medical bills, lost wages, pain, and suffering.
Explore other avenues: If necessary, they can investigate if the uninsured driver has any hidden assets or if other parties might be liable.
Represent you in court: If a fair settlement cannot be reached, they will represent you in a lawsuit.
Don't let the stress of an uninsured driver accident overwhelm you. Take the crucial steps to protect your health and your rights. Understand your insurance options, and don't hesitate to seek professional legal guidance.
At Becker Franklin Rovang, we have effective solutions for approaching cases involving uninsured or underinsured motorists. We can help you protect your rights and help you pursue maximum compensation.
You deserve to recover fully from this ordeal. Contact us today at (360) 800-3009 to schedule a free consultation.
