Can You Recover Compensation After a Hit-and-Run Accident in Washington?

Under Washington law, a driver involved in an accident must stop and exchange contact and insurance information with the other people involved. Failure to do so is a criminal offense. Nonetheless, many motor vehicle accidents in Washington State involve a driver who leaves the scene. This is known as a “hit-and-run” accident.

If you were hurt in a hit-and-run accident, you may initially feel like you do not have many options. But people injured in a hit-and-run can seek financial recovery from their own insurance company under their Personal Injury Protection (PIP) and uninsured motorist (UM) coverage and, in certain situations, through the Washington Victims of Crime Compensation Fund. Sometimes, the other driver is later identified, allowing for a claim against them and their insurance company.

Key Takeaways

• A hit-and-run accident occurs when one driver leaves the scene without exchanging identification and insurance information. A hit-and-run is a criminal offense.
• Insurance companies treat hit-and-run accidents like uninsured motorist claims. You are also entitled to PIP benefits.
• If the other driver is later identified and has insurance, you can file a claim with their insurance company.
• In limited situations, you may be eligible for benefits through the Washington State Victims of Crime Compensation Fund.

What Is a Hit-and-Run Accident in Washington?

A hit-and-run accident occurs when drivers are involved in an accident and one driver leaves the scene without providing identification or insurance information to the other involved parties.

Under Washington law, any driver involved in an accident causing injury, death, or property damage must stop, identify themselves, and render reasonable aid.

Leaving the scene of an accident in Washington State is a gross misdemeanor, charged as a Class C felony if it involves injury, and as a Class B felony if it causes death. The criminal penalties imposed are separate from the process of obtaining compensation in a personal injury case for injuries sustained in a hit-and-run accident. However, they illustrate the importance of legal accountability after a car accident.

How Your Own Insurance Applies After a Washington Hit-and-Run Accident

Insurance companies handle hit-and-run accidents the same way they treat uninsured drivers. If the other driver cannot be identified, you can seek compensation through your uninsured motorist coverage. Uninsured motorist insurance is an optional insurance that provides coverage up to the limits of your insurance policy.

You are also entitled to Personal Injury Protection, or “PIP” benefits. Personal Injury Protection provides no-fault insurance coverage that pays your medical bills and some lost wages. But it offers lower coverage amounts and does not provide compensation for non-economic losses like pain and suffering. When a hit-and-run accident causes personal injuries, it is common to use PIP for immediate costs while working to build a comprehensive claim for uninsured motorist benefits.

What Happens if the Driver Is Later Identified?

Sometimes, police, witnesses, dashcam videos, or security footage can lead to the identification of the driver. In this situation, if the other driver has insurance, you can seek compensation through their insurance company.

If it is later determined that you were partially at fault for causing the crash, it’s important to understand that this does not wipe out your claim. However, your financial recovery might be reduced by your percentage of fault under Washington State’s modified comparative negligence law.

Washington’s Victims of Crime Compensation Fund Can Help

In limited circumstances, you may be eligible to seek compensation through the Washington State Victims of Crime Compensation Fund. When an accident meets the threshold for vehicular assault under RCW 46.61.522 and the driver is unidentified because they fled the scene, the Department of Labor & Industries can authorize Victims of Crime compensation benefits without a conviction.

The Victims of Crime Compensation Fund is a “payer of last resort,” meaning it will only provide compensation when no other sources of compensation are available. To be eligible, you must file a police report within one year of the date of the accident, and must apply for Victims of Crime benefits within two years of the date of the accident.

Protecting Your Personal Injury Case After a Hit-and-Run Accident in Washington

A car accident is a stressful and traumatic event. Even more so when the other driver flees the scene. If you were hurt in a hit-and-run accident, protect yourself and your right to compensation by:

• Checking yourself and your passengers for injuries.
• Calling 9-1-1 if anyone is severely injured and requires immediate medical assistance.
• Moving your vehicle safely out of the way, if possible.
• Gathering as much information as you can about the other vehicle, including the license plate number, the make, model, and color of the vehicle, and a description of the other driver.
• Taking pictures of the accident scene using your phone.
• Identifying potential witnesses, and asking for their contact information.
• Making a police report.
• Seeking medical care from your primary care doctor or the emergency room.
• Contacting an experienced personal injury attorney.

Notify your insurance company as soon as possible, as uninsured motorist and PIP coverages often include notice requirements. By acting quickly, you can protect your right to compensation. However, failure to fully document the accident does not mean you cannot recover compensation.

Contact an Experienced Washington Car Accident Attorney Today

Recovering compensation after a Washington car accident can feel like an uphill battle, particularly if the other driver fled the scene. But you are not alone. An experienced car accident attorney can explain the insurance coverage available and help you recover the maximum compensation you deserve for your injuries.

With locations in Burien and Bellevue, Herron Law Office, PLLC, helps people injured in Washington car accidents recover the maximum monetary compensation they are entitled to for their injuries. We welcome you to contact us for a consultation to discuss your case by calling 425-451-9110.