Navigating Uninsured and Underinsured Motorist Claims in Washington: What Victims Need to Know

In Washington State, sharing the road means dealing with the unfortunate reality that not every driver is responsibly insured. According to recent data from the Insurance Research Council, approximately 21.7% of drivers in Washington are uninsured, ranking the state fifth highest in the nation for uninsured motorists. This statistic translates to more than one in five vehicles potentially lacking coverage, leaving accident victims vulnerable to significant financial burdens. If you’ve been involved in a crash with an uninsured or underinsured driver, understanding your options under Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage can make all the difference. At Kobes Legal PLLC, we specialize in helping victims in areas like Seattle, Tacoma, Graham, and Pierce County navigate these complex claims to secure the compensation they deserve.

This guide breaks down the essentials of UM and UIM coverage in Washington, including key differences, legal requirements, steps to file a claim, and practical advice to avoid common pitfalls. While this information is for educational purposes and not legal advice, it highlights why consulting an experienced personal injury attorney early can protect your rights.

Understanding UM and UIM Coverage in Washington

Washington law requires all drivers to carry minimum liability insurance, but enforcement doesn’t catch everyone. When an at-fault driver lacks sufficient coverage, UM and UIM policies step in as a safety net provided through your own auto insurance.

What Is Uninsured Motorist (UM) Coverage?

UM coverage protects you and your passengers if you’re injured or your vehicle is damaged by a driver who has no auto insurance at all. This includes hit-and-run scenarios where the driver flees the scene or “phantom” vehicles that cause an accident without direct contact (e.g., forcing you off the road). In Washington, UM typically covers:

• Medical expenses and hospital bills
• Lost wages from time off work
• Pain and suffering
• Property damage to your vehicle (if included in your policy)

Insurers in Washington must offer UM coverage, but you can reject it in writing. However, given the high rate of uninsured drivers—estimated at over 20% in states like Washington—opting out is rarely advisable.

What Is Underinsured Motorist (UIM) Coverage?

UIM coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover your full damages. For example, if your medical bills total $50,000 and the other driver’s liability limit is only $25,000 (Washington’s minimum), UIM can bridge the gap up to your policy’s limits.

Under Washington law, specifically RCW 48.22.030, an “underinsured motor vehicle” includes those with no applicable liability policy or where the available limits are less than the damages you’re entitled to recover. Like UM, UIM must be offered by insurers and matches your liability limits unless waived in writing. This “floating layer” approach means UIM provides excess coverage above what the at-fault driver’s insurance pays.

Both UM and UIM can also extend to hit-and-run accidents, but policies often require prompt reporting and evidence of the incident. Importantly, Washington mandates a $100 deductible for UIM property damage claims.

Steps to File a UM or UIM Claim in Washington

Filing a UM or UIM claim involves working with your own insurance company, which can feel counterintuitive since they’re evaluating the claim as if they represent the at-fault driver. Here’s a step-by-step overview:

1. Report the Accident Immediately: Call 911 to report the crash and request a police report. This official document is crucial for establishing fault and proving the other driver was uninsured or underinsured. In hit-and-run cases, provide as many details as possible about the fleeing vehicle.
2. Seek Medical Attention: Even if injuries seem minor, get evaluated promptly. Medical records link your injuries to the accident and support your claim for compensation.
3. Gather Evidence: Document the scene with photos of vehicle damage, road conditions, and injuries. Collect witness statements, the other driver’s information (if available), and any repair estimates. If the at-fault driver is uninsured, request proof from their insurer or the Washington Department of Licensing (DOL).
4. Notify Your Insurer: Contact your insurance company as soon as possible—many policies require notification within 72 hours for UM claims. Provide the police report, medical records, and evidence of the other driver’s insurance status.
5. Submit the Claim: Your insurer will investigate, which may include reviewing the at-fault driver’s coverage limits. For UIM claims, you often need to exhaust the at-fault driver’s policy first and obtain consent from your insurer before settling. If damages exceed $1,000, consider filing a Motor Vehicle Claim for Damages with the DOL within 180 days, which could lead to the uninsured driver’s license suspension if they don’t pay.
6. Negotiate and Resolve: Insurers may offer a settlement, but it’s often low. If disputed, arbitration or litigation may be necessary. Remember, Washington’s statute of limitations for personal injury claims is three years under RCW 4.16.080, so act promptly.

Throughout this process, your insurer has a duty to handle the claim in good faith, but disputes can arise over valuation or coverage.

Practical Tips and Common Pitfalls to Avoid

Navigating UM/UIM claims requires diligence to maximize recovery. Here are key tips:

• Document Everything Thoroughly: Keep records of all expenses, including medical bills, lost wages, and repair costs. This strengthens your case for full compensation, including non-economic damages like pain and suffering.
• Don’t Admit Fault: Even in conversations with your own insurer, stick to facts. Insurers may use statements to reduce payouts.
• Understand Policy Exclusions: Coverage may not apply if you’re driving an uninsured vehicle owned by you or a family member, or in certain motorcycle accidents.
• Avoid Lowball Settlements: Insurers often undervalue claims by disputing injury severity or delaying payments. A common pitfall is accepting an initial offer without accounting for long-term costs, like ongoing therapy.
• Consider Legal Help Early: If the claim is denied or undervalued, an attorney can negotiate or pursue arbitration. In rural areas like Graham or Pierce County, where accidents on less-traveled roads are common, local knowledge can be invaluable.

Other pitfalls include failing to report promptly, which can void coverage, or not exploring all compensation avenues, such as suing the at-fault driver personally if they have assets.

Why UM/UIM Coverage Matters More Than Ever

With rising medical costs and Washington’s high uninsured rate, skipping UM/UIM coverage leaves you exposed. These policies provide peace of mind, ensuring you’re not left paying out-of-pocket for someone else’s negligence. If you’ve been in an accident in Seattle, Tacoma, Graham, or surrounding areas, don’t navigate this alone.

At Kobes Legal PLLC, our team has extensive experience handling UM and UIM claims, fighting for fair compensation without upfront costs. Contact us today for a free consultation to discuss your case and explore your options. We’re here to help you get back on the road to recovery.

This article was prepared by Kobes Legal PLLC with support from our content team and approved by attorney Brett Kobes.

This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney–client relationship. Please consult a licensed attorney about your specific situation.