You were hit by another driver, and then you learn they have no insurance. Your injuries hurt, your car is damaged, and the bills are already coming in. It is normal to wonder who will pay for all of it.
Here is the good news. An uninsured driver does not erase your right to compensation. In many cases, your own insurance policy can step in. This post explains how Washington handles these crashes, what coverage may apply, and what you can do to protect your claim.
Washington’s Minimum Insurance Rules Leave Real Gaps
Washington requires drivers to carry liability insurance. The minimum limits are $25,000 for injury to one person, $50,000 for injury to everyone in a crash, and $10,000 for property damage. Those numbers sound fine until you see what a serious crash costs. A short hospital stay, an ambulance ride, and a few weeks of missed work can pass $25,000 quickly.
The problem gets bigger because many drivers skip insurance altogether. Industry estimates suggest nearly one in five Washington drivers is uninsured. That means you can follow every rule and still end up in a crash with someone who has nothing to pay you.
Some at-fault drivers also have insurance, but not enough. If your losses are higher than their limits, you are left holding the difference. This is called an underinsured driver situation, and it happens more often than most people expect.
What Uninsured and Underinsured Motorist Coverage Do
Uninsured motorist coverage, often called UM, applies when the driver who hit you has no insurance. Underinsured motorist coverage, often called UIM, applies when that driver has insurance, but the limits are too low to cover your losses. Most policies bundle the two together as UM/UIM.
This coverage can help pay for:
- Medical bills, both past and future
- Lost wages and lost earning ability
- Pain and suffering
- Other losses tied to the crash, such as ongoing care
UM coverage may also apply in some hit-and-run cases, where the driver is never found. Think of this coverage as a safety net. You pay for it so that your own insurer covers you when the person who caused the crash cannot.
Washington does not force you to buy UM/UIM coverage. But insurers must offer it to you, and you can only turn it down in writing. If you never signed a rejection, speak with an attorney, because the coverage may still apply to you.
Do You Actually Have This Coverage?
Many people do not know what is on their policy until they need it. Your declarations page is the place to look. It lists the coverages you bought and the limits for each one. Look for UM/UIM and personal injury protection, known as PIP.
PIP is a separate coverage that can pay medical bills and some lost income, no matter who caused the crash. In Washington, insurers must offer PIP, and you can reject it only in writing, much like UM/UIM.
Other Policies That May Apply
Your own policy may not be the only one that helps. Coverage can also come from:
- A policy held by a family member who lives in your home
- The policy of the car you were riding in, if you were a passenger
- An employer’s policy, if you were driving for work
It pays to look at every possible source before assuming you have no options. Each policy can add to what you are able to recover.
Why This Kind of Claim Feels Different
With a regular injury claim, you deal with the other driver’s insurer. With an uninsured driver claim, you deal with your own insurer. That surprises people. You might expect your company to take your side, since you have paid them for years.
In reality, your insurer still has a financial interest in paying you as little as possible. They may question how bad your injuries are, argue about who caused the crash, or offer a quick settlement that does not cover your future care. The friendly tone of the first phone call does not change that.
Your claim also works differently from a normal claim in a few ways:
- You must still prove the other driver caused the crash.
- You must still prove the full amount of your injuries and losses.
- Your own policy limits cap what the insurer owes you.
- Some policies send disputes to arbitration instead of court.
Washington also uses a rule called pure comparative fault. If you were partly to blame, your payout can be reduced by your share of the blame, but you are not shut out of recovery entirely. So a claim is still possible even when fault is shared.
Proving Your Claim, Even Against Your Own Insurer
Evidence matters just as much here as in any other injury case. Your insurer will look for weak spots, so the stronger your proof, the harder it is to dispute your claim.
Helpful evidence includes:
- The police report, which should note the other driver’s insurance status
- Photos of the vehicles, the road, and your injuries
- Names and phone numbers for the other driver and any witnesses
- Medical records that tie your injuries to the crash
- Pay stubs or a letter from your employer showing missed work
Hit-and-Run and Phantom Vehicle Claims
When the driver leaves the scene, proof becomes even more important. There is no one to question and no insurance card to check. Your claim leans on the police report, witness statements, camera footage from nearby businesses, and any physical evidence at the scene. Report the crash to police right away. Many policies set a short deadline for reporting a hit-and-run, and waiting can put your claim at risk.
What Your Insurer Owes You While the Claim Is Open
Your insurance company must treat you fairly during a claim. Washington has claims-handling rules that require insurers to respond to you in a reasonable time, look into your claim in good faith, and explain their decisions. The state’s Insurance Fair Conduct Act also allows policyholders to take action when an insurer unreasonably denies a claim or refuses to pay benefits.
You also have some control over what your insurer asks for. You can limit the scope of records you hand over, and you do not have to give a recorded statement without thinking it through first. If an insurer keeps stalling, lowballs your claim, or denies it without a clear reason, that may be a sign to bring in an attorney.
Deadlines That Can Quietly End Your Claim
Time limits can make or break these cases. In Washington, you generally have three years from the date of the crash to file a personal injury lawsuit. Miss that window, and a court will likely refuse to hear your case.
Other deadlines can be much shorter. Your policy may require you to notify your insurer within a set time. Hit-and-run claims may require a prompt police report. Some UM/UIM disputes are tied to the deadlines in the policy itself, not just state law. Waiting to see how you heal can cost you options, so it helps to act early.
Mistakes That Shrink What You Recover
A few common missteps can lower the value of your claim:
- Giving a recorded statement before you understand your rights
- Accepting the first settlement offer without checking your future medical needs
- Posting about the crash, your injuries, or your activities on social media
- Skipping doctor visits or stopping treatment too soon
- Waiting too long to report the crash to police or your insurer
Insurers often look at social media for photos or posts that seem to show you are not hurt. A single picture of you smiling at a family event can be used out of context. Keep your accounts private, or stay off them while your claim is open.
What to Do If You Think the Other Driver Is Uninsured
If you suspect the driver who hit you has no insurance, take these steps:
- Call 911 and ask for a police report. Make sure the officer notes the other driver’s insurance status.
- Take photos of everything before the cars are moved, if it is safe.
- Collect the other driver’s name, license, plate number, and contact details, along with witness information.
- Get medical care right away, even if you feel fine.
- Tell your insurer about the crash promptly.
- Check your policy for UM/UIM and PIP coverage.
- Talk with a personal injury attorney before you accept any offer.
Frequently Asked Questions
Who pays if the driver who hit me has no insurance in Washington?
In many cases, your own insurance pays through uninsured motorist coverage, if you have it. PIP coverage may help with medical bills as well. Policies held by family members in your home or by the owner of the car you were riding in may also apply. If you have no coverage at all, you may still be able to go after the driver personally, though collecting from someone with no insurance can be hard.
What if the other driver has insurance, but it is not enough?
That is where underinsured motorist coverage helps. After the other driver’s insurance pays its limits, your UIM coverage may cover the gap between that amount and your total losses, up to your own policy limits.
Can I still make a claim if I was partly at fault?
Yes. Washington follows pure comparative fault, so your payout is reduced by your share of the blame, but you are not barred from recovery. Insurers sometimes try to push more blame onto you than you deserve, so it helps to have your side of the story backed up with evidence.
How long do I have to file a lawsuit after a crash with an uninsured driver?
Washington generally gives you three years from the date of the crash to file a personal injury lawsuit. Your insurance policy may have shorter notice rules, and hit-and-run claims may need a quick police report, so do not wait.
What if my own insurance company denies or lowballs my claim?
You still have options. Washington has rules that require insurers to handle claims fairly, and an attorney can push back on a denial or a low offer. Some policies send disputes to arbitration, and others allow a lawsuit against the insurer.
Talk to a Washington Car Accident Attorney
Being hit by an uninsured driver is stressful enough without a fight over who will pay your bills. You did nothing wrong, and you should not have to figure out insurance rules by yourself while you heal. McNeese & Trotsky, PLLC, can look at your policy, explain which coverages may apply, and help you build a strong claim. Call (206) 332-1918 for a free consultation to talk about what happened and what your options are.