What Happens If the Driver Who Hit You Doesn’t Have Insurance?
Getting into a car accident is stressful enough. Learning that the driver who caused the crash doesn’t have insurance—or doesn’t have enough insurance to cover your injuries—can make the situation even more overwhelming.
Many people assume they have no way to recover compensation if the at-fault driver is uninsured. Fortunately, that isn’t always the case. Depending on the circumstances of your accident and the insurance coverage available, you may still have options.
At Kobes Legal PLLC, we help injured individuals throughout Washington understand their rights after a car accident and navigate the often-complicated insurance claims process. Here’s what you should know if you’re involved in a collision with an uninsured or underinsured driver.
Is Auto Insurance Required in Washington?
Yes. Washington law requires drivers to carry liability insurance or otherwise meet the state’s financial responsibility requirements. The minimum required liability limits are designed to provide some financial protection if a driver causes an accident.
Unfortunately, not every driver follows the law. Some motorists drive without insurance, while others carry only the minimum coverage, which may not be enough to fully compensate someone who has suffered serious injuries.
You can learn more about Washington’s insurance requirements through the Washington State Legislature and the Washington State Office of the Insurance Commissioner.
What Is Uninsured Motorist (UIM) Coverage?
Uninsured Motorist (UIM) coverage is designed to help protect you if you’re injured by a driver who has no liability insurance.
Depending on your policy, UM coverage may apply when:
- The at-fault driver has no insurance.
- You’re injured in a hit-and-run accident.
- The responsible driver cannot be identified.
Washington insurers are generally required to offer uninsured motorist coverage, although policyholders may choose to reject it in writing. If you accepted this coverage when purchasing your policy, it may provide valuable protection after an accident.
What Is Underinsured Motorist (UIM) Coverage?
Sometimes the at-fault driver has insurance, but the available liability limits are not enough to cover the full extent of your losses.
That’s where Underinsured Motorist (UIM) coverage may come into play.
Depending on your policy, UIM coverage may help cover damages that exceed the at-fault driver’s insurance limits. This can be especially important in accidents involving serious injuries that require extensive medical treatment or result in lost wages.
What Damages May Be Covered?
Every insurance policy is different, but uninsured or underinsured motorist coverage may help pay for covered losses such as:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering, when allowed under the policy and applicable law
- Other covered damages
At Kobes Legal PLLC, we understand that insurance policies can be confusing. Our team will review your available coverage, answer your questions, and guide you through the claims process so you know what options may be available after your accident.
What Should You Do After an Accident with an Uninsured Driver?
If you’ve been involved in a crash with an uninsured or underinsured driver, taking the right steps early can help protect your health and your claim.
Consider the following:
- Call 911 and report the accident.
- Seek medical attention as soon as possible, even if your injuries seem minor.
- Take photographs of the vehicles, roadway, and any visible injuries.
- Gather contact information for witnesses.
- Notify your insurance co
- Keep copies of medical bills, repair estimates, receipts, and other documentation related to the accident.
The more documentation you have, the easier it may be to support your claim.
Don’t Assume You Have No Options
Many accident victims are discouraged when they discover the at-fault driver has little or no insurance. However, insurance coverage can be more complex than it first appears.
Depending on the facts of your case, there may be additional sources of recovery available through your own insurance policy or other applicable coverage. Understanding those options early can make a meaningful difference in the outcome of your claim.
How Kobes Legal PLLC Can Help
Insurance companies handle uninsured and underinsured motorist claims every day, but most people only experience the claims process once or twice in their lifetime. Understanding your rights and available coverage can be challenging without experienced guidance.
At Kobes Legal PLLC, we’re committed to helping injured people throughout Washington understand their legal options after a serious accident. Whether you’re dealing with an uninsured driver, an underinsured driver, or questions about your own insurance policy, our team is here to provide knowledgeable guidance and compassionate support.
If you or a loved one has been injured in a car accident, contact Kobes Legal PLLC today to schedule a free consultation and learn how we may be able to help.
FAQ: Uninsured and Underinsured Motorist Claims in Washington
What happens if the driver who hit me has no insurance in Washington?
You may still have options. If your policy includes uninsured motorist coverage, you may be able to make a claim through your own insurance company for covered losses.
What is the difference between uninsured and underinsured motorist coverage?
Uninsured motorist coverage generally applies when the at-fault driver has no applicable insurance. Underinsured motorist coverage may apply when the responsible driver has insurance, but the available liability limits are not enough to fully compensate you for covered damages.
Does uninsured motorist coverage apply to hit-and-run accidents?
It may. Washington insurance policies can provide uninsured motorist protection in certain hit-and-run situations, but policy terms and claim requirements are important.
Can I recover pain and suffering through a UIM claim?
Potentially. Depending on your policy and the circumstances of the accident, a UIM claim may include compensation for covered damages beyond medical expenses and lost wages.
Do I need an attorney for an uninsured motorist claim?
You are not automatically required to hire an attorney, but UM/UIM claims can become complicated. Your own insurance company still evaluates the value of the claim, and disputes can arise over liability, injuries, damages, and available coverage.
Disclaimer: This post is for general educational purposes only and is not legal advice. Washington laws and County Local Rules can change, and every case is unique. Please consult a qualified attorney for advice specific to your situation.
This article was prepared by Kobes Legal PLLC with support from our content team and approved by attorney Brett Kobes.