Drivers in Washington state are required by law to carry liability insurance or similar forms of assuming financial responsibility in the event of an accident. Generally speaking, a driver who is determined to be at least partially responsible for causing an accident can be held financially accountable for their actions, and their auto insurance policy typically provides compensation to the injured party. However, there are times when someone suffers a car accident injury due to a negligent or inattentive driver who is uninsured. In fact, approximately 14 percent of drivers were uninsured in 2022 (the most recently available data). Many people are struggling to afford car insurance, which has risen considerably in recent years (i.e., the average yearly cost of full-coverage auto insurance policies jumped by 20 percent between 2022 and 2024). As a result, millions of drivers are on the road without insurance, which can complicate personal injury claims when an accident occurs. Some individuals have opted to add uninsured motorist coverage to their car insurance policy to prepare for a possible incident involving an uninsured or underinsured driver at some point. While Washington state does not require drivers to carry uninsured motorist coverage, insurance companies are required to offer this option to policyholders.
When motor vehicle accidents involve uninsured or underinsured drivers, these cases can be particularly challenging to navigate without the guidance of a highly experienced and knowledgeable Seattle personal injury attorney. At Menzer Law Group, we understand the stress and confusion you may be experiencing following an auto accident, and we are committed to responding to you promptly and respectfully so that you can focus on your recovery. Our team of dedicated legal professionals will carefully evaluate your claim to ensure that it aligns with our areas of expertise, as we like to focus our efforts and resources on cases where we believe we can make the most significant impact. We encourage you to contact our Seattle office to arrange a complimentary case review. In the meantime, let’s take a look at what to do after an accident with an uninsured driver in Washington state and how enlisting legal representation can help support you in your effort to recover the compensation you need to get your life back on track.
Understanding Washington State’s Insurance Requirements
First, it’s worth reviewing the minimum insurance coverage required by law in Washington state. According to the Washington State Department of Licencing (DOL), “It’s illegal to drive a car in Washington without having liability insurance or another way to assume financial responsibility for damages.” Anyone who drives a vehicle that is registered in Washington must have some proof of liability, whether it be motor vehicle insurance, self-insurance, a certificate of deposit, or a liability bond. Those who choose to purchase an auto insurance policy must be sure to find one that meets three basic limits: “$25,000 of bodily injury or death of one person in any one accident; $50,000 of bodily injury or death of any two people in any one accident; and $10,000 of injury to or destruction of property of others in any one accident.” Moreover, drivers must carry proof of insurance with them at all times, as this information will be essential in the event of a collision.
Is Uninsured Motorist Coverage in Washington Mandatory?
Some states, including Washington, do not require drivers to carry uninsured motorist coverage as part of their auto insurance policy. However, RCW 48.22.030 states that insurance companies must provide you with the option to purchase this coverage. If you decline it, you will need to sign a waiver. Those who add uninsured motorist coverage can typically expect that, in the event of a collision involving an uninsured driver, their insurance will cover the costs to repair damage to their vehicle and many of the costs associated with their injuries (i.e., medical bills, lost wages, etc.).
Steps to Take After an Accident With an Uninsured Driver
The scene of a car accident is often chaotic and confusing. The first thing you should do is to assess yourself and others for any injuries that require emergency medical care. After you call for an ambulance, it’s a good idea to contact local law enforcement so that the responding officer can compile a police report. Essentially, a police report serves as an objective account of the incident, including important details like the contact information of all parties involved, witness statements, road conditions, and any other relevant factors. If the other driver does not carry insurance, you should check to see if you have uninsured or underinsured motorist coverage, as well as notify your insurance company of the accident. Additionally, it’s important to recognize that seeking medical attention is highly recommended, even if you do not think your injuries are severe enough to justify a hospital visit. Instead, schedule a visit with your doctor within the next day or two for a comprehensive medical evaluation. This visit can help to identify any harder-to-detect injuries (such as internal bleeding or traumatic brain injuries), and the medical records established by this visit can help to document the nature, extent, and prognosis of your injuries. When you move forward with your personal injury claim, these medical records will be important documents to include with your claim to justify your request for compensation.
Filing a Claim After an Accident Without the At-Fault Driver’s Insurance
If your auto insurance policy includes uninsured motorist coverage, you can rely on this coverage to help you in the event that you are injured in an accident caused by an uninsured driver. You can use this coverage to cover the costs associated with your injuries, such as any medical bills, lost wages, and other financial hardships. You can work with your auto insurance company to learn more about navigating the process and what documentation you may need to provide in order to access your benefits. Generally speaking, those who are hit and injured by an uninsured driver in Washington state are relieved to discover that their auto insurance includes uninsured motorist coverage.
What About Injured Parties Who Do Not Have Uninsured Motorist Coverage?
If you declined uninsured motorist coverage when you purchased your auto insurance policy, the aftermath of the accident can be especially disorienting and discouraging. Depending on the specifics of your situation, you may be able to identify other avenues for compensation, such as your personal injury protection (PIP) coverage or filing a personal injury lawsuit against the uninsured driver. In some cases, it may be in your best interest to file a lawsuit against the at-fault driver to secure the compensation you need to support the considerable costs of your recovery.
Can I Still Get Compensation if the At-Fault Driver is Uninsured?
Suffering an injury is an understandably traumatic experience, and the effects can extend far beyond your physical health. Many auto accident victims face financial anxiety, as well as mental and emotional concerns like depression, post-traumatic stress disorder (PTSD), insomnia, relationship issues, and other unwanted outcomes. In order to achieve full and fair compensation that addresses the wide range of injuries you’ve endured, your caring and trusted legal advocate will help you explore all possible avenues for recovering compensation. Even if the other driver is uninsured and you do not have uninsured motorist coverage, it may be possible to secure at least some compensation by filing a personal injury lawsuit against the at-fault party. It’s helpful to understand that Washington’s financial responsibility law “requires uninsured drivers and vehicle owners to be responsible for collision damages if there is a reasonable possibility that a court will make a judgement against them.” Uninsured drivers can be held financially responsible for damages caused to others in the event of an accident for which they were determined to be at least partially at-fault. For more specific legal guidance about your options for seeking compensation from an uninsured driver in the greater Seattle area, consider contacting Menzer Law Group to arrange a complimentary case review.
The aftermath of an auto accident injury can be confusing and stressful, especially if the incident involves an uninsured driver. If you have questions about how to file a personal injury claim in Seattle or Washington state, the dedicated legal team at Menzer Law Group is here to help with a complimentary case review. We take a selective approach to the cases we take on so that we can focus our expertise and resources where we believe we can make the most meaningful impact. Please contact our office at (206) 903-1818 to get started.
