What to Do When Hit by an Uninsured/Under-Insured Motorist
For most car drivers, auto insurance is something they don’t think about very often until the day comes when they need to use it. And while you may be a responsible driver who follows the law (liability insurance is mandatory in the state of Washington), it doesn’t mean all other drivers around you do the same and have auto insurance. As a matter of fact, according to Insurance Information Institute (III) an estimated 16.5% of all drivers in Washington are uninsured and many others lack sufficient insurance coverage.
Being involved in any car crash can be a stressful experience, but the stress levels can be amplified once you discover that the driver who hit you is uninsured or underinsured. So, what do you do in this situation? In our nearly 40 years of experience as car accident attorneys at Gierth-Eddy Law Offices PLLC, we can say that this situation is more common than most people think. We know how frustrating it may feel when the other driver cannot cover your damages and losses, which is why we are ready to help you fight for the compensation to which you are entitled.
Auto Insurance Requirements in Washington
Washington law requires all drivers in the state to carry liability coverage and proof of such coverage. The minimum liability insurance limits are:
$25,000 per person (injuries or death);
$50,000 per accident (injuries or death); and
$10,000 for property damage.
The insurance company provides a motorist with proof of insurance when they start or renew their policy. When stopped by police, motorists must show proof of liability insurance. If a driver is uninsured, they face a fine of at least $550, according to the Washington State Department of Licensing. If an uninsured driver causes an auto accident and is unable to pay the resulting medical expenses and other damages, their license may be suspended.
An Uninsured or Underinsured Motorist Hits Me. Now What?
If you were hit by a motorist who cannot show proof of insurance or their insurance coverage is insufficient, you should call the police (if you haven’t already) and document the scene of the accident, including damage to your vehicle, as you wait for the police to arrive. You should also seek immediate medical attention to document the extent of your injuries.
When you know the driver who hit won’t cover your damages either because they lack sufficient insurance coverage or have no liability insurance at all, your next steps depend on whether you have uninsured/underinsured motorist coverage or not.
If you have this coverage, that’s good news because all you have to do is file a claim with your insurance company to cover any reasonable and necessary medical bills and damage to your vehicle. The bad news is that you may not have this coverage since it’s not mandatory in Washington state. However, do check your insurance policy to know for certain.
Both uninsured and underinsured motorist insurance will cover your expenses and damages up to the amount of your coverage limits. For example, if you suffered $60,000 in medical bills and the other driver’s insurance can only cover $20,000 of your expenses, your underinsured motorist coverage will make up for the difference as long as your limits are $40,000 or more.
What If I Don’t Have Uninsured/Underinsured Motorist Coverage?
That’s a tricky question, but we totally understand why you’re asking. As a matter of fact, most people don’t consider the possibility of being involved with an uninsured or underinsured driver until they actually end up in this situation. And since Washington state doesn’t require uninsured/underinsured motorist coverage, many drivers opt out to save some money.
So, let’s say you’re one of those who didn’t purchase uninsured/underinsured motorist coverage and now you’re left struggling with mounting medical bills, loss of income, and other accident-related damages. What are your options?
Review your insurance policy: Even if you don’t have uninsured/underinsured motorist coverage, your policy may still cover some of your damages and losses when the at-fault driver’s insurance has dried up or is non-existent. You might want to have an experienced attorney review your policy for you in order to accurately explore your options.
Pursue the driver directly: This may include filing a lawsuit against the at-fault driver who doesn’t have insurance or their insurance limits are insufficient or working out a personal payment plan out of court. However, the problem with this approach is that it’s very unlikely you’ll recover the amount of money you need. Why? Because if the driver didn’t have enough funds to purchase auto insurance in the first place, it’s unlikely they have enough assets to cover your damages.
Use your health insurance or medical payments coverage: You can use your health insurance or medical payments coverage to pay doctor bills and certain medical expenses.
These are some of the most obvious options but aren’t the only ones. At Gierth-Eddy Law Offices PLLC, we know how stressful it can be to be involved in an accident with a driver who has little or no insurance. Our attorneys can leverage their nearly four decades of legal experience to identify all sources of coverage that might be available in your circumstances.
Let’s Explore Your Options Together
If you were struck by an uninsured or underinsured motorist, the stress associated with financial uncertainty can turn your life upside down during an already challenging time. We—here at Gierth-Eddy Law Offices PLLC—know how frustrating this situation can be. But we don’t want you to be left without the compensation you deserve for your damages and losses. Our attorneys can review the details of your case and advise you on your options for compensation when the other driver has little or no insurance coverage. With offices in Yakima and Kennewick, we serve clients across the state of Washington. Reach out now to schedule your free consultation.