Skip to content

What should I do if I am hit by an uninsured driver in Washington?

Home » blog » What should I do if I am hit by an uninsured driver in Washington?
Table of Contents

Washington requires every driver to carry liability insurance, and a sizeable share of vehicles on the road still carry none at all. When one of those drivers causes your collision, the usual route to payment simply does not exist, because there is no liability policy standing behind the person who hit you. The same problem arrives in a different form when the driver responsible leaves the scene and is never identified by anyone. What replaces that missing policy is coverage sitting on your own insurance, and the choices you make in the first few weeks affect what it eventually pays out.

Uninsured motorist coverage exists for exactly this situation, and insurers writing policies in Washington have to offer it unless the buyer rejects it in writing. Making a claim under that coverage puts you across the table from your own insurance company, which changes the tone of the process in ways most people find surprising. What follows covers how to handle the scene, what to look for in your policy, and how to keep the claim from being reduced by avoidable mistakes.

Handle the scene as though the driver were insured

Call police from the scene and wait for a report to be written, because a collision report becomes the document your entire claim is built around later. Officers will note the other driver’s insurance status, and that notation matters when your carrier asks you to prove the vehicle was uninsured. Photograph the vehicles from several angles before anything is moved, and record the other driver’s name, address, plate, and phone number even if they say no insurance exists. Ask any bystander who stopped for their contact details as well, since witnesses who leave without giving a name are almost impossible to locate afterward.

Find out what your own policy actually includes

Pull the declarations page rather than relying on memory, because most drivers cannot recall which optional coverages they selected. Uninsured and underinsured motorist coverage usually appear together on that page with limits listed for bodily injury and sometimes for property damage. Personal injury protection appears there too, and it pays medical bills and a portion of lost wages regardless of who caused the collision, which keeps providers paid while the larger claim is resolved. Anyone consulting an uninsured motorist claim law firm will be asked for that page in the first conversation, since the available coverage sets the outer limit of what the claim can be worth.

Coverage on other policies may apply too

Household members who live with you often carry uninsured motorist coverage that reaches you as a resident relative, which becomes important when your own limits are low. Passengers injured in a crash may claim under the policy covering the vehicle they occupied and under their own policy at the same time. Anyone hurt while working should also check whether a commercial policy or workers compensation benefits apply alongside the auto claim.

How an uninsured motorist claim differs from a normal injury claim

The claim runs on your insurance contract rather than on the other driver’s negligence alone, which means you have to prove the other driver was at fault and prove your damages, all while the party evaluating that proof is the company you pay. Everything a defense lawyer would raise still gets raised, including comparative fault, pre-existing conditions, and whether your treatment was reasonable and necessary. Washington applies pure comparative fault, so any percentage assigned to you reduces the recovery proportionally without ever barring it completely. Disputes that cannot be resolved sometimes go to arbitration rather than to court, depending on what your specific policy requires, and the arbitration clause is worth reading before the argument starts.

What your insurer owes you while the claim is open

Insurance companies operating in Washington are bound by claims handling regulations covering how promptly they must acknowledge, investigate, and respond to a claim. Requests for a recorded statement, an independent medical examination, or years of unrelated medical history are common, and not all of them have to be answered in the form the adjuster prefers. Providing every record from every provider you have ever seen hands over material used to argue your neck problem started long before the crash. A Washington auto accident attorney will usually narrow those requests to what the claim genuinely requires and handle the correspondence so the file stays focused on the collision itself.

Deadlines that decide the case quietly

Washington gives injured people three years from the date of the collision to file a personal injury lawsuit, and missing that date ends the claim regardless of how strong the evidence is. Uninsured motorist claims rest on a contract, which carries its own timing rules, but treating the three-year mark as the outside limit avoids an argument nobody wants to have. Policies also contain notice provisions requiring you to report the crash promptly, and hit-and-run claims frequently require a police report filed within a short window after the collision. Minors have different timing rules, so an early review of the dates protects you from assumptions that prove wrong.

Mistakes that shrink what you recover

Giving a recorded statement in the first days ranks among the most common problems, because pain often has not fully developed and a casual remark about feeling fine gets quoted back months later. Posting about the crash or about weekend activity on social media supplies material that adjusters routinely collect and attach to their reports. Accepting a quick settlement before the treatment picture is clear closes the file permanently, and a shoulder injury that turns out to need surgery cannot be reopened once a release is signed. Any automobile accident lawyer reviewing these files sees the same pattern repeatedly, where a claim worth substantial money settled early for the cost of an emergency room visit.

The absence of a liability policy does not remove your right to be paid for what happened to you. Documenting the collision properly, understanding what your own coverage provides, and handling your insurer’s questions carefully will do more for the outcome than anything later in the process.

An uninsured driver leaves your own policy as the route to recovery, and insurers know it. Karns & Karns Personal Injury and Accident Attorneys can open the uninsured motorist claim and push back when your carrier starts treating you like an opponent. Call 1-800-4-THE-WIN (1-800-484-3946) for a consultation.