Have you been in a car accident because of someone else’s carelessness? That can be scary on its own. But if you are one of the about 20% of Washington drivers who don’t have insurance, you may have some extra questions and concerns.
At McPartland Law Offices, we understand the complexities of navigating an accident without car insurance in Washington State. It’s not just about whether someone should have driven without insurance; it’s also about the accident and how it turned out. Even in such situations, our commitment to offering free consultations in auto accidents remains steadfast.
We’re here to answer all of your questions, whether they are about your legal rights, whether you can get money from the person who caused the accident, or anything else related to your case.
Getting into a car accident is stressful enough on its own. But when the at-fault driver has no insurance, it creates extra hurdles. As a Washington resident, here’s what you need to know if you’re the victim of an uninsured motorist.
I’ll cover the state insurance requirements your options if the other driver is uninsured how to use your own coverage, and steps to recover damages. This guide will help you understand your rights and navigate the claims process smoothly after an accident with no insurance.
Washington Auto Insurance Minimums
In Washington, all drivers are legally required to carry auto liability insurance Here are the state minimum coverage amounts
- $10,000 per person for bodily injury
- $20,000 per accident for bodily injury
- $10,000 for property damage
Drivers must also carry proof of insurance in the car at all times.
But some motorists break the law by driving with no insurance whatsoever. After an accident, an uninsured driver can leave the victim stuck paying for repairs and medical bills out of pocket.
So what recourse do you have? Here are your options if the at-fault driver has no insurance after a Washington crash.
File a Claim Under Your Uninsured Motorist Coverage
The first step is to check if your own auto policy includes uninsured and underinsured motorist bodily injury coverage.
This protection pays for damages to you and your passengers caused by:
- Hit-and-run drivers
- Drivers with no insurance
- Drivers with insufficient coverage
The coverage limit is typically equal to your liability limit, although you can select higher or lower amounts when purchasing a policy.
If you have this coverage, report the loss to your insurer. Provide details like the other driver’s name and contact information if you have it. Your insurer will investigate the loss circumstances as they process your uninsured motorist claim.
Use Your Collision and Personal Injury Protection
Even without uninsured motorist coverage, your own policy likely has provisions to help in an accident with an uninsured driver.
Collision coverage pays for damage to your vehicle, minus any deductible you selected. It applies regardless of fault in the crash.
And personal injury protection (PIP) covers reasonable and necessary medical expenses for you and your passengers, up to the benefit limit.
Utilize these first-party coverages while you pursue compensation from the at-fault uninsured driver. Your insurer may try to subrogate and recover their costs paid under these coverages.
File a Claim Against the At-Fault Driver
Since the negligent motorist caused the accident, they are still legally liable for your losses. Here’s how to seek compensation directly from an uninsured driver after a crash:
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Send a demand letter – Formally request payment from the at-fault driver to cover repairs, medical bills, rental car fees, lost wages, and other damages incurred.
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File in small claims court – If the at-fault driver refuses to pay or doesn’t respond, take them to court. In Washington, you can claim up to $10,000 in small claims court without needing an attorney. Gather evidence like police reports, medical records, and cost estimates.
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Consider hiring a lawyer – For severe crashes with major losses, it may be worth consulting an attorney. They can help negotiate a settlement or file a lawsuit against the uninsured driver.
Watch Out for Losing Your License
Under Washington law, driving without valid liability insurance can also lead to license suspension.
If an uninsured driver fails to pay for damages from an at-fault accident, the state may suspend their license.
To avoid suspension, the negligent driver must either:
- Settle the claim and pay the victim
- Work out a payment plan approved by the state
- File for bankruptcy
So when an uninsured motorist causes an accident, their own driving privileges are on the line until they pay up.
Tips for Dealing With Uninsured Drivers
No one expects to get hit by an uninsured driver. But there are steps you can take to protect yourself:
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Increase your uninsured motorist coverage limits when buying a policy.
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Thoroughly document the accident scene and damage with photos.
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Get contact info and insurance details from all parties involved.
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Report hit-and-run accidents to police immediately.
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Keep logs of all medical treatments, lost income, rental cars, and other expenses to claim as damages.
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Hire an attorney for severe accidents to assist recovering maximum compensation.
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Avoid signing any release or settlement unless all your losses are covered.
Your Rights After an Accident With No Insurance
Crashes involving uninsured motorists can quickly spiral into financial and legal headaches. But knowing your rights and insurance protections can help you navigate the claims process smoothly.
Be sure to utilize your own policy’s uninsured motorist, collision, and PIP coverages after an accident with no insurance. Your insurer will walk you through the claims steps while they pursue subrogation efforts against the negligent driver.
And don’t hesitate to take legal action like filing in small claims court if needed to recover your damages from an uninsured defendant. With the right evidence and documentation, you can successfully recoup your losses.
Consequences of Driving Uninsured in Washington
It’s important to keep in mind that driving without car insurance could have direct consequences for you. These repercussions may include:
- The Department of Licensing can take away your driver’s license if you cause injury or property damage worth at least $1,000 and don’t pay for it if you were at fault. Still, there are things you can do to keep your license from being taken away.
- If you don’t have insurance, the police may give you a ticket. In Washington State, the fine can be $550 or higher.
- In a personal injury case, however, the fact that you can’t show proof of insurance and are given a ticket won’t matter when it comes to figuring out who was at fault.
In fact, citations are not admissible at all.
There won’t be a lot of talk about whether or not someone should have been driving without insurance. Instead, an analysis will revolve around the facts of the collision itself.
In other words, the fact that you were driving without insurance won’t matter when figuring out who was at fault. It also won’t change how the claim is settled or how the negotiations go.
Your case begins with establishing liability and proceeds from there, just as in other auto accident cases. You might want to hire a dedicated Washington car accident lawyer to help you build a strong case, deal with the insurance company, and, if necessary, represent you in court. Recently in a Auto Accident? McPartland Fights For Your Right to Compensation.
What Happens if You Have no Insurance But The Other Driver Was at Fault in Washington State?
Concerns can build if you do not have insurance coverage and suddenly find yourself in an accident. If the other driver caused the accident, you may still be able to get money from them even though you don’t have insurance.
You can get full compensation from the driver who caused the accident in Washington State even if you don’t have your own insurance. Not all states allow for this but if you are in Washington, you remain protected.
WA Car Accident Injury | No Insurance | Can I Sue? | Nelson Boyd Attorneys | Seattle
FAQ
What happens if you get in an accident without insurance in Washington State?
Is Washington a no-fault state for car accidents?
Is collision insurance required in Washington State?
Is there a grace period for car insurance in Washington State?
What if I have an accident while driving without insurance in Washington?
Learn about Washington’s mandatory insurance law and the laws that apply if you have an accident while driving without insurance. #0313EN Read this only if you live in Washington State. If you drive a vehicle that is required to be registered in Washington State, you must have auto insurance or other proof of financial responsibility.
How much car insurance do you need in Washington State?
According to Washington’s financial responsibility law, you must purchase liability auto insurance that at least meets the minimum coverage requirements of 25/50/10. That means $25,000 per person for injuries, $50,000 for injuries to all people total per accident and $10,000 for damages to someone’s property per accident.
What if I don’t have auto insurance in Washington?
Drivers in Washington are required to carry proof of auto insurance. If you fail to present valid proof of active insurance when requested, you face a fine of $550.
Can you drive a car without insurance in Washington State?
Read this only if you live in Washington State. If you drive a vehicle that is required to be registered in Washington State, you must have auto insurance or other proof of financial responsibility. If you drive your car without the required insurance, you could receive a fine of $550 or more.