What happens when the at fault driver is uninsured?

February 26th, 2025

How to Handle an Uninsured Motorist Accident in Washington

Getting into a car accident is stressful enough, but discovering that the other driver is uninsured can make the situation even more complicated. In Washington State, all drivers are required to carry auto insurance, but unfortunately, not everyone follows the law. Recent data indicates that over 21% of drivers in Washington State are uninsured, ranking it the fifth highest in the nation for uninsured motorists. If you’re involved in an accident with an uninsured motorist, here’s what you need to know to protect yourself and your financial well-being.

Step 1: Stay Calm and Gather Information

Even if the other driver doesn’t have insurance, the immediate steps after an accident remain the same:

  • Check for injuries and call 911 if medical attention is needed.

  • Call the police to report the accident—having an official report is crucial for your claim.

  • Exchange information with the other driver, including their name, contact details, and vehicle information.

Step 2: Notify Your Insurance Company

Washington is an "at-fault" state, meaning the driver responsible for the accident is liable for damages. However, if the at-fault driver is uninsured, you may need to rely on your own insurance.

Check your policy for Uninsured Motorist Coverage

Washington State does not require drivers to carry Uninsured/Underinsured Motorist (UM/UIM) coverage, but it’s highly recommended. If you have this coverage, your own insurance company can step in to cover medical expenses, vehicle damage, lost wages, and other costs.

Understanding what Uninsured Motor vehicle insurance (UM/UIM) is and does in Washington State is the first step to protecting yourself.

Uninsured coverage covers both bodily injury and property damage. Uninsured motorist (UM/UIM) coverage is an option that you can include on your policy. You must opt-out if you choose to exclude it.

Many states make it mandatory that you carry UM/UIM coverage in your policy. However, In Washington, It is not required by law. We Highly recommend you do. If you are unsure of what your Policy contains, checking before you get into an accident will save you headache and stress in the future.

Check your policy for Personal Injury Protection (PIP)

PIP can help pay for:

  • Medical bills (hospital visits, surgeries, rehabilitation, etc.)

  • Lost wages (if you’re unable to work due to injuries)

  • Funeral expenses (in the event of a fatal accident)

  • Household services (such as childcare or cleaning if you're too injured to manage)

Is PIP Required in Washington?

No, PIP is not required in Washington, but insurance companies must offer it. You can reject it in writing, but having it can provide valuable financial protection, especially in the case when the at fault driver is uninsured.

Step 3: Work with a Car Accident Attorney

Dealing with an uninsured motorist accident can be complex, especially if your insurance company tries to minimize your payout. A skilled car accident attorney can:

  • Negotiate with your insurer to ensure you receive fair compensation.

  • Investigate the accident and gather evidence to support your claim.

  • Explore all possible compensation options, including third-party liability.

We are here to help. Reach out and give our office a call at 509-765-1708 for a free consultation.

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