What Happens in an Accident With an Uninsured or Underinsured Driver?

Car accidents are terrifying experiences, especially when you or a loved one suffers a serious injury. Often, the aftermath of the accident continues the distress of the situation due to the complexities of an insurance claim in a fault-based accident state like Washington.

Unfortunately, things sometimes go from bad to worse when a Washington car accident victim learns that the driver responsible for their accident doesn’t have insurance. 

If you’ve experienced an auto accident with an uninsured or underinsured driver, contact a Kent car accident attorney to learn about your legal options.

Does Washington Require Uninsured/Underinsured Motorist Coverage?

According to the Insurance Information Institute (III), an alarming one in seven drivers lacks insurance. Unfortunately, Washington is not one of the 20 states, plus the District of Columbia, that require all drivers to carry an uninsured/underinsured motorist policy as part of the mandatory minimum required insurance coverage.

However, the state does require all insurance providers to offer this advantageous coverage as part of basic insurance packages. A Washington driver who declines uninsured/underinsured motorist coverage must do so through a written affidavit.

Additional optional policies are available to Washington drivers, including collision coverage for property damage to their vehicle and comprehensive coverage for non-collision damage, such as damage to a vehicle from a fallen tree limb or vehicle theft.

What Do I Do After a Car Accident With an Uninsured Driver?

If the other driver in your accident was responsible for the collision, they are liable for your accident damages, like property damage to your vehicle, medical expenses, lost wages, compensation for pain and suffering, or the wrongful death of a family member.

Unfortunately, if they lack insurance, they likely also lack the financial resources for you to recover your damages through a lawsuit against their personal assets. Instead, an experienced Kent car accident lawyer will pursue all available options for your compensation, including the following:

• Filing a claim against your uninsured motorist policy if you choose to keep this coverage as part of your auto insurance
• File a claim against your collision insurance if you chose to add it to your coverage
• Filing a claim against any other party that caused or contributed to the accident under Washington RCW 4.22.070, which states: “In all actions involving fault of more than one entity, the trier of fact shall determine the percentage of the total fault which is attributable to every entity which caused the claimant’s damages…”

Common liable parties that contribute to car accidents, or the severity of car accident injuries, include negligent road maintenance agencies or the manufacturers of defective seatbelts and airbags.

What If the At-Fault Driver Has Insurance, But My Damages Exceed the Policy Limits?

With today’s high-cost medical care, it’s not uncommon for a car accident victim’s damages to exceed the limits of the at-fault driver’s policy, especially if they only carry the minimum required insurance coverage of $25,000 per person for bodily injury. If you have uninsured/underinsured motorist coverage, your car accident attorney can recover compensation from the underinsured motorist policy. 

An experienced car accident lawyer will investigate all aspects of the car accident and injuries to pursue the maximum compensation available to their client. Contact our Kent car accident attorneys today at (206) 312-0954 or fill out our online contact form for a free consultation to discuss your case and explore all available options for compensation.