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Car accidents happen. If you have the misfortune of being involved in a crash, it can sometimes be a small comfort to know that car insurance coverage -- your own or the other driver’s -- will probably kick in and help pay for medical treatment and vehicle damage. In some cases, however, the other driver may not have any (or enough) car insurance, or in the case of a hit-and-run accident, you may not be able to identify the other driver at all. This article addresses your options in those cases.
Uninsured and Underinsured Motorist Coverage
If you are involved in an accident with a driver who does not have any car insurance at all, you will likely have to turn to your own insurance company to cover your damages, assuming you are properly insured. Uninsured motorist coverage is additional coverage that you can purchase from your insurance company. UIM coverage protects you when you are involved in an accident with a driver who does not have car insurance and who is found to be at fault for the accident.
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UIM coverage is only required in a handful of states, while insurance companies are required to offer it to customers in most states. Uninsured motorist coverage usually may not exceed the amount of your standard liability coverage. So, if you’ve got $75,000 in total liability coverage per accident, you can’t typically carry more than $75,000 in uninsured motorist coverage.
Despite the fact that car insurance is mandatory for registered vehicles in operation in most states, the fact is that there are many drivers who drive without insurance, and the best way to protect yourself is making sure you have plenty of UIM coverage..
Similar to uninsured motorist coverage, underinsured motorist coverage will pay for damages sustained in an accident with a driver who has a car insurance policy in place, but not enough coverage to pay for your injuries, vehicle damage, and other losses stemming from the accident. Your underinsured motorist coverage (which is not required in most states, but is always available as optional coverage) kicks in and helps cover the difference between the other driver’s coverage and the total amount of your losses.
Most insurance companies limit the amount of time policyholders have to make uninsured motorist and underinsured motorist claims (often it’s as few as 30 days from the date of the accident). So, you want to get the ball rolling immediately after you learn that the other driver has no (or not enough) insurance.
Learn more about Underinsured and Uninsured Motorist Coverage.
Collision Coverage
Collision coverage may also be added to your insurance policy at an extra cost. Collision coverage will pay to repair damages to your vehicle sustained in an accident with an at-fault uninsured driver, or a hit-and-run driver. But keep in mind that collision coverage won’t apply to your injuries, just the cost of getting your car fixed (up to the limits of your coverage).
Filing a Lawsuit
If you are involved in an accident with an uninsured driver, you may have the option to file a lawsuit against the other driver, depending on whether you live in a no-fault or traditional negligence state. If you live in a no-fault car insurance state, filing a lawsuit may not be an option. In no-fault states, each driver or his insurance is responsible for his own injuries or damages, regardless of who was at fault for the accident. Your ability to sue in no-fault states is restricted -- you typically can’t sue the other driver unless you suffered serious injuries and/or incurred medical bills over a certain amount.
If you live in a traditional negligencestate, you may file a lawsuit against the uninsured driver. But even if you are successful in proving that the other driver was at fault for the accident, and you obtain a judgment against them, there is no guarantee that you will actually be able to collect anything. Many people who are uninsured or underinsured do not have much in the way of money or assets, so trying to collect on the judgment could be a losing battle.
First Things First
If you’ve been involved in a car accident with an uninsured (or underinsured) driver, your best course of action is to report the accident to your car insurance company and find out how your coverage applies. If you’ve suffered serious injuries that won’t be covered by adequate insurance, it may be time to talk to an experienced car accident attorney about your options. Learn more about How an Attorney Can Help With a Car Accident Claim.
In Washington, as in every state, car insurance is sure to play a big part in any claim brought after a traffic accident.
Washington, like most states, requires vehicle owners and drivers to maintain certain types and amounts of insurance coverage, or otherwise demonstrate financial responsibility for a potential car accident. Read on for the details of Washington's auto insurance rules, how coverage is likely to affect a car accident case, and the kinds of penalties you can expect if you drive without insurance in the state of Washington.
Washington is a 'Fault' Car Accident State
Washington follows a traditional 'fault' system when it comes to financial responsibility for losses stemming from a car accident: injuries, lost income, vehicle damage, and so on. This means that the person who was at fault for causing the car accident is also responsible for any resulting harm (from a practical standpoint, the at-fault driver’s insurance carrier will absorb these losses, up to policy limits).
In Washington, a person who suffers any kind of injury or damage due to an auto accident usually can proceed in one of three ways:
- by filing a claim with his or her own insurance company, assuming that the loss is covered under the policy (in this situation, the injured person's insurance company will likely turn around and pursue a subrogation claim against the at-fault driver’s carrier)
- by filing a third-party claim directly with the at-fault driver’s insurance carrier, or
- by filing a personal injury lawsuit in civil court against the at-fault driver.
Note: In no-fault car insurance states, a claimant doesn't usually have this same range of options. After a car accident in a no-fault state, you must turn to the personal injury protection coverage of your own car insurance policy for payment of medical bills and other out-of-pocket losses, regardless of who caused the crash. Only if your injuries reach a certain threshold can you step outside of no-fault and make a claim directly against the at-fault driver. But Washington drivers don't need to worry about no-fault after an in-state accident.
Car Insurance Requirements in Washington
The state of Washington's mandatory auto insurance law requires anyone driving a motor vehicle in the state to do one of the following:
1. Carry liability insurance limits of at least:
- $25,000 for injuries or death to one person in an accident you cause
- $50,000 for total injuries or death to all people in an accident you cause, and
- $10,000 for damage to anyone else's property in an accident you cause.
2. Apply for a certificate of deposit to guarantee financial responsibility for an accident, with the state's Department of Licensing.
3. Have a liability bond of at least $60,000.
The vast majority of Washington driver's comply with this law by purchasing liability insurance.
So, what is liability coverage? It pays the medical bills, property damage bills, and other costs of drivers, passengers, and pedestrians who are injured or have their vehicle damaged in a car accident you cause, up to coverage limits. You can (and in some situations should) carry more coverage to protect you in case a serious crash results in significant car accident injuries and vehicle damage. Once policy limits are exhausted, you are personally on the financial hook, so higher insurance limits can help protect your personal assets in the event of a serious crash.
Your liability coverage will kick in if any family member is driving your vehicle, or if you've given someone else permission to use it. It will likely also cover you if you get into an accident in a rental car.
Remember that liability coverage doesn't apply to your own injuries or vehicle damage after a Washington car accident. You'll need different (additional) coverage for that if you're involved in a car accident and no one else's coverage applies to your losses.
For example, collision coverage (optional in Washington, though might be required under the terms of a vehicle lease or financing agreement) can pay for repairs to (or replacement of) your damaged vehicle after a car accident.
Uninsured Motorist Coverage Not Required in Washington
While uninsured motorist (UM) coverage is not required in Washington, it can protect you and your passengers if the at-fault driver has no insurance, or if you're the victim of a hit and run.
Penalties for Driving Without Insurance in Washington
According to the Washington State Department of Licensing, if you drive without the required insurance (or otherwise fail to comply with the state's mandatory auto insurance laws), you could be ordered to pay a fine of $550 or more.
What's more, if you don't have insurance, your license may be suspended if you cause a car accident and you're unable to pay the injured parties' damages, if there is a reasonable possibility that a court would make a judgment against you.