What Happens if I Am Involved in an Accident with an Uninsured Driver?

Being involved in any type of car accident can be stressful. However, when you get out and ask for the other driver’s car insurance information and find out that they actually do not have any, you may feel frustrated, overwhelmed, and even hopeless.

While learning that you have been involved in a car accident with an uninsured driver may seem challenging, it is important to know that you still have legal rights and options.

Does Seattle require its drivers to have car insurance?

Yes, the entire state of Washington has a law in place requiring its drivers to carry car insurance. Unfortunately, regardless of this law, many people who live in Seattle and the rest of the state still choose to operate a vehicle without insurance. According to the Office of the Insurance Commissioner, the state of Washington requires its vehicle owners and drivers to carry a minimum of:

• $10,000 for vehicle or property damage
• $25,000 for bodily injuries or death to another person
• $50,000 for injuries or death per accident

Even though the fine for not having car insurance is $550, many Washingtonians choose to risk driving without any coverage. A recent study conducted by the Insurance Information Institute (III) found that 16.5 percent of drivers in Washington are uninsured, which is higher than the average percentage (14 percent) of uninsured drivers across the country.

What are my options if I am involved in an accident with an uninsured driver?

If you are involved in an accident with an uninsured driver, you may face some obstacles and hurdles. Car insurance is a legal requirement because it ensures that victims of accidents will be able to recover at least some of their losses from the at-fault party. Therefore, your mind may begin racing when you find out that the at-fault motorist does not have any insurance to cover these losses. However, the good news is that you still have options that you can pursue to help you through this tough situation. Some potential ways to recover include:

• Find out if you have Personal Injury Protection (PIP) benefits: PIP benefits are completely optional in Washington. Therefore, many people choose to opt out of these benefits in hopes of saving money. However, insurance companies are required by law to at least offer you PIP, and if you decide you do not want these benefits, you must reject them in writing. If you do not reject them in writing, they become part of your car insurance policy, so it is crucial to contact your insurance company to find out whether you have PIP. If you do, these benefits will cover up to $10,000 of your medical bills, up to $200 per week or $10,000 in total of your lost income, up to $200 per week or $5,000 in total of household services, and up to $2,000 for funeral costs. PIP is no-fault insurance coverage, meaning that you can still rely on these benefits even if you were at fault or contributed to the accident.
• File a claim with your own insurance company to use your uninsured motorist coverage: Another optional coverage that may be beneficial in this situation is uninsured motorist coverage. Similar to PIP, your insurance company is required to offer you this type of coverage, and if you choose to reject it, you must do so in writing. Uninsured motorist coverage is very beneficial as it covers your economic losses from an accident with an uninsured driver, such as property damage, medical expenses, and lost wages. However, in order to file a claim with your insurance company to use this coverage, you must be able to successfully prove that the uninsured driver was at fault and that you did not play any role in the accident.
• File a lawsuit against the uninsured driver: If you do not have PIP or uninsured motorist coverage, you may be able to file a lawsuit against the uninsured driver. There is only so much that your own health insurance or collision coverage will pay for. Therefore, in order to hold the uninsured driver accountable for their negligent actions and ensure that you receive the justice and compensation you deserve, you may need to file a lawsuit. If your lawsuit is successful, the uninsured driver will have to pay for your losses from the accident. If they do not have the funds to do this, they may have to sell some of their properties, assets, or belongings to cover your losses.

Do I need to hire an attorney if I am involved in a crash with an uninsured driver?

Although you do not have to hire an attorney if you are involved in a crash with an uninsured driver, it is strongly recommended that you do so. This is because they can use their knowledge, skills, and experience to help you communicate with your insurance company, collect valuable and supporting evidence, determine what legal options you should pursue, and prepare to go to trial if necessary.

Even if you have uninsured motorist coverage, your insurance company will likely make it challenging for you to obtain the funds that you need to cover your expenses. Therefore, by having a Seattle car accident attorney by your side, your rights will be protected, and your chances of securing the financial recovery you need will be increased.

At Smith McBroom, our car accident lawyers understand the complications a motor vehicle accident involving an uninsured driver can cause. We have been helping clients in the Seattle area with these types of issues for over 20 years, and we would be more than happy to use our experience and resources to help you identify the appropriate path forward. Please call our office or submit our contact form to schedule a free consultation to start speaking with a lawyer from our Tukwila office today.