What Happens When I am Hit by an Uninsured Motorist in Washington State?

• September 09, 2024
• Vehicle Accidents

Every motorist driving on Washington roads is required to have adequate auto insurance. Unfortunately, though, this is a law that a lot of people break. According to an analysis by Bankrate, over 21% of Washington’s road users are uninsured; that’s the fifth highest rate in the country.

Getting into a car accident is always stressful, but when the other driver is uninsured, it can make the situation completely overwhelming. So, if you’re wondering “what happens when I am hit by an uninsured motorist in Washington State?” this post will provide you with useful guidance. We’ll cover what to expect after your accident, how to protect yourself, and the steps you need to take to give yourself the best possible chance of recovering fair compensation.

Understanding Uninsured Motorist Coverage in Washington State

Washington is an “at-fault” automobile insurance state, which means that the insurance company of the driver responsible for a crash must generally cover all the damages arising from that crash.

Unlike some other states, Washington does not require vehicle owners to carry uninsured motorist coverage. However, many policies still contain it. This coverage can pay for your medical expenses, lost wages, and other damages when the at-fault driver does not have insurance.

Uninsured motorist coverage can also come into play following accidents with hit-and-run drivers who can’t be identified and in situations where the at-fault driver has some insurance, but not enough to cover the full extent of the damages caused.

Steps to Take Immediately After the Accident

The moments after a car accident can be chaotic, but staying calm and taking the right steps is crucial, especially when the other driver is uninsured.

Your safety, and the safety of those around you, should be your first priority. Check yourself for injuries, and move out of the roadway if it’s safe to do so. You should also move the vehicles involved in the crash if they’re obstructing traffic, but, again, only if you’re positive it’s safe to do so. Also, if the vehicles are not obstructing traffic, you should avoid moving them until the police arrive. Recording the post-crash positions of the cars will allow the police to reconstruct the accident more accurately for their report.

Call 911 to report the accident to law enforcement and request medical assistance if needed. Contacting the police is important for a few reasons; as well as responding to the situation, they’ll also investigate the accident and prepare a police report. This report will serve as evidence in any lawsuit or insurance claim you choose to file later on.

It’s important to note that you’re legally obliged to contact the police to report any road accident causing $1,000 or more worth of property damage or any bodily injury. You must make this report within four days of your crash.

If you want to access a collision report, you can do so on the Washington State Patrol website (once the officers on the scene have completed and filed it). Police reports are not typically available immediately after the accident. When you hire Montoya Hinckley, we will obtain the police report for you.

Exchange information with the other driver. If they admit to being uninsured, avoid getting into a confrontation with them. Take photos and videos of the scene, the vehicles involved, any marks on the road or damage to nearby structures, and any visible injuries. These can serve as valuable evidence later on. You should also gather contact information from any witnesses at the scene.

Once the immediate situation is under control, notify your insurance company about the accident. Be sure to provide them with all the details and follow their instructions on the next steps to take.

It’s also a good idea to schedule a free initial consultation with a car accident lawyer at this point, particularly if the at-fault driver is not fully insured. Your attorney will be able to outline the best steps for you to take moving forward.

Seeking Compensation Through Other Avenues

You will generally be entitled to file a personal injury lawsuit against an uninsured at-fault driver. However, many drivers on the road without insurance are in that situation for financial reasons; if they can’t afford motor insurance, there’s a good chance they won’t be able to pay for your personal injury damages either.

If you have Personal Injury Protection (PIP) insurance coverage, it will cover your medical bills and lost wages up to the policy limits of the PIP policy.

You should also check whether your own health insurance can help cover medical expenses if you don’t have PIP, or if your PIP coverage has been exhausted. PIP is an optional add-on on auto insurance policies; if you’re not sure whether you have it, you should review your policy with your insurance agent or insurance provider.

If your car was damaged, your collision coverage might pay for repairs, although you’ll likely need to pay a deductible.

In some cases, you might also consider seeking compensation from other liable parties. For example, if the accident was partially caused by a poorly maintained road, the responsible government entity could be held accountable.

What Happens When I Am Hit by an Uninsured Motorist in Washington State?

When you’re hit by an uninsured motorist in Washington State, the road to recovery can be challenging. While it’s technically possible to navigate the claims process on your own, this is almost never a good idea. A personal injury attorney will help you to understand your rights, evaluate your damages accurately, and negotiate with your insurance company to ensure you receive fair compensation.

If you need to file a lawsuit, an attorney can represent you in pretrial negotiations and in court (most car accident cases are concluded out of court, with both parties reaching a compromise, but there are exceptions). They can also explore other potential sources of compensation and help you consider all your options.

The road accident attorneys at Montoya Hinckley work on a contingency fee basis; that means we only get paid if you win your case. So, if you’re facing financial difficulties after your accident, you won’t need to worry about paying for a legal consultation.

Time is of the essence in these cases; the sooner you hire an attorney after an accident, the better your chances will be of coming away with a fair amount in damages. Contact us today to schedule your free initial consultation. You can reach us over the phone at 509-895-7373, or by filling out the contact form on our website.