What Happens If the At-Fault Driver Is Uninsured or Underinsured in Washington?

A car accident can cause you to suffer serious injuries that require extensive medical treatment. While you may need to take time from work while you are recovering, you may wonder how your mounting medical bills will be paid, especially if the at-fault driver is uninsured or underinsured. If the negligent motorist does not have adequate insurance to pay for your hospital bills, doctor fees, or rehabilitation costs, you may have several avenues to help ensure your medical expenses are covered. Specifically, uninsured motorist coverage in Washington state can provide crucial protection in the event of a collision.

Key Takeaways

Your Own Uninsured/Underinsured Insurance May Apply

While Washington state requires drivers to have minimum liability insurance coverage of $25,000 for injuries to one person and $50,000 for injuries to multiple people, the medical treatment associated with car accident injuries can quickly exceed these limits. In addition, almost a quarter of all drivers in Washington state do not have insurance at all. In such cases, your own uninsured/underinsured insurance may apply to pay for your medical expenses and lost wages.

Underinsured and uninsured motorist coverage in Washington is meant to compensate accident victims in situations where the at-fault driver does not have enough insurance to cover their damages. While it is not mandatory to purchase, it is not included in basic insurance. It is an optional add-on that can be crucial not only if you are injured in a standard car crash, but it also applies to bicycle accidents, hit-and-run collisions where the driver cannot be identified, and pedestrian accidents.

You Can Use Your PIP Coverage

Unlike underinsured and uninsured motorist coverage in Washington, Personal Injury Protection (PIP) coverage is required unless you specifically waived it in writing. Your own PIP insurance would cover the following, regardless of who was at fault for the accident:

• Medical expenses: PIP will cover up to $10,000 for medical expenses deemed reasonable and necessary. This can include hospital expenses, ambulance bills, and the costs of physical rehabilitation.
• Lost wages: PIP covers $200 per week for lost wages, after 14 consecutive days of disability up to a maximum of $10,000 for up to one year.
• Funeral benefits: In the event the accident caused fatality, PIP covers up to $2,000 for each deceased person.
• Loss of service benefits: PIP will pay up to $200 per week up to a maximum of $5,000 for non-family members to perform household chores and other tasks that your injuries prevent you from doing.

Once PIP benefits have been exhausted, your health insurance typically becomes the primary coverage for any ongoing medical expenses you incur. However, you would be responsible for paying deductibles, co-pays, and any out-of-pocket costs associated with it.

You May Be Able to Sue the At-Fault Driver in Court

If your injuries are catastrophic and have caused you to suffer permanent disability, your damages may exceed any insurance coverage you have. In these scenarios, you may have the option to sue the uninsured/underinsured motorist who was at fault for the collision in court. However, it’s essential to be aware that if the driver does not have enough insurance coverage, they likely do not have the funds to cover any damages you are awarded. In this situation, you can use several legal tools in an effort to collect on the judgment, including wage garnishment and filing a lien against any property they may own.

You Can Consider Suing a Liable Third Party

The at-fault driver may not be the only responsible party. Another option you may have if your damages have exceeded the insurance thresholds for PIP and uninsured motorist coverage in Washington is filing a lawsuit against a third party. For instance, if hazardous road conditions, defective signage, or a broken traffic signal contributed to the collision, a municipality may be named in a personal injury action. If multiple drivers were involved in the accident, you may consider pursuing claims against more than one party to expand your avenues for monetary recovery. A knowledgeable personal injury attorney can best advise you regarding your options based on the specific facts of your case.

Contact an Experienced Washington Personal Injury Attorney

If you were hurt in a collision caused by an underinsured or uninsured motorist, it’s crucial to understand your legal rights and whether uninsured motorist coverage in Washington state applies. With locations in Burien and Bellevue, Herron Law Office, PLLC is committed to helping car accident victims in Washington secure the maximum compensation they deserve for their injuries. We welcome you to contact us for a consultation to discuss your case by calling (425) 600-2580.