PACIFIC NORTHWEST UNINSURED MOTORIST ACCIDENT LAWYER

Car accidents are stressful enough without the added worry of an uninsured or underinsured driver. If you’ve been in a hit-and-run car crash or the driver didn’t have proper insurance, you’re not alone and you may be entitled to compensation.

At Rush, Hannula, Harkins & Kyler PLLC (RHHK), our experienced uninsured motorist accident attorneys are here to support you through this challenging time. We are committed to helping you navigate the complexities of uninsured and underinsured motorist claims and pursuing the compensation available under your insurance policy and Washington law.

Understanding Uninsured and Underinsured Motorist Coverage

Uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) can protect insured people when an at-fault driver does not have insurance or does not have enough insurance to cover the damages for which the injured person is legally entitled to recover. Washington law provides for underinsured motorist coverage in qualifying automobile insurance policies, subject to statutory exceptions and permitted written rejections.

Uninsured motorist coverage: This coverage can protect you if you’re involved in an accident with a driver who does not have applicable liability insurance.

Underinsured motorist coverage: This coverage applies when the at-fault driver’s available liability insurance is less than the damages a covered person is legally entitled to recover, subject to the terms and conditions of the applicable policy and Washington law.

Washington law also specifically addresses coverage involving hit-and-run and phantom vehicles. A phantom vehicle is a vehicle that causes bodily injury, death, or property damage without physical contact with the insured or the vehicle occupied by the insured, provided statutory requirements are met, including corroborating evidence and timely reporting to law enforcement.

The amount and type of coverage available depends on your insurance policy and the circumstances of the accident. The Washington Office of the Insurance Commissioner recommends checking your declarations page to verify the coverage you purchased.

Steps to Take After an Uninsured Motorist Accident

Report the Accident: Contact the police immediately and file a report. This creates an official record of the incident. Washington law includes specific reporting requirements for certain phantom vehicle claims.

Seek Medical Attention: Your health comes first. Get medical attention promptly, and keep detailed records of your medical expenses and treatments.

Notify Your Insurance Company: Inform your auto insurance company about the accident as soon as possible. Be cautious when discussing the accident and avoid making statements that could inaccurately characterize what happened.

Gather Evidence: Collect as much evidence as possible from the accident scene, including photos, witness statements, and a copy of the police report. Keep records of your medical treatment, expenses, lost income, property damage, and other losses related to the accident. You will want to bring this information with you to your consultation with your car accident lawyer.

Building Your Case in Washington State

Understanding the complexities of Washington state law is crucial when pursuing an uninsured or underinsured motorist claim. Our experienced attorneys have a deep understanding of the legal landscape and will work diligently to build a strong case on your behalf.

Here’s a snapshot of what that looks like.

Investigation: Establishing fault is an important part of an uninsured or underinsured motorist claim. Our personal injury lawyers will conduct a thorough investigation, including examining the auto accident scene, gathering evidence, and interviewing witnesses.

Proving Liability: Proving the at-fault driver’s liability is essential. We will work diligently to demonstrate that the other driver was responsible for the accident, despite their lack of insurance or insufficient insurance coverage.

Reviewing Available Coverage: The applicable insurance policies and circumstances of the accident can affect what UM/UIM benefits may be available. Our attorneys can review the applicable coverage and help determine how the insurance provisions apply to your claim.

Negotiating with Insurance Companies: Insurance companies may dispute coverage, liability, or the amount of damages involved in a claim. Our attorneys have experience handling insurance disputes and can advocate for your interests throughout the claims process.

Hit-and-Run Accidents and Uninsured Motorist Coverage

A hit-and-run accident can create a difficult situation because the driver responsible for the collision may never be identified. Washington law specifically includes hit-and-run motor vehicles within the coverage addressed by its underinsured motorist statute, subject to the applicable policy and statutory requirements.

If you were injured in a hit-and-run accident, reporting the accident to law enforcement and preserving available evidence can be important. Evidence may include photographs, witness information, surveillance footage, police reports, and medical records.

If the driver cannot be identified or does not have applicable insurance, an attorney can review your insurance policy and the circumstances of the accident to determine whether uninsured motorist coverage may apply.

Can I Make a Claim Against My Own Insurance Company?

A UM/UIM claim can involve a claim under your own automobile insurance policy. Uninsured and underinsured motorist coverage is designed to provide protection when an at-fault motorist does not have applicable insurance or does not have sufficient insurance to cover damages for which a covered person is legally entitled to recover.

Making a claim under your own UM/UIM coverage does not mean that every claim will automatically be paid. Coverage, liability, damages, policy limits, and other issues may need to be evaluated.

If your insurance company disputes coverage, the amount of your damages, or the value of your claim, an attorney can review the policy and circumstances of the accident and explain your legal options.

Learn more about insurance disputes in Can You Sue Your Own Insurance Company for Injuries?.

Common Issues in Uninsured Motorist Claims

Disputes Over Coverage: Insurance companies may dispute whether UM/UIM coverage applies to a particular accident. The terms of the insurance policy and applicable Washington law must be considered.

Coverage Limits: The amount of compensation available through UM/UIM coverage depends in part on the applicable policy limits and the circumstances of the claim. Washington law establishes requirements concerning the amount of underinsured motorist coverage offered under qualifying policies, subject to permitted rejection and other statutory provisions.

Medical Bills and Property Damage: Uninsured motorist accidents can result in significant medical expenses and property damage. Washington’s Office of the Insurance Commissioner recognizes both uninsured/underinsured motorist bodily injury coverage and uninsured/underinsured motorist property damage coverage.

Disputes With Your Own Insurance Company: A UM/UIM claim can involve negotiations with your own insurer. If your insurer disputes coverage or the value of your claim, legal advice may help you understand your options.

For additional information about dealing with insurance companies after an accident, read 5 Things Insurance Companies Don’t Want You to Know.

Seeking Compensation for Uninsured Motorist Accidents in Tacoma and Throughout Washington

In many situations, if the at-fault driver is uninsured, an injured person may look to available uninsured motorist coverage under their own automobile insurance policy. The availability of coverage depends on the applicable policy, the circumstances of the accident, and Washington law.

If the at-fault driver does not have enough insurance to cover the damages for which you are legally entitled to recover, underinsured motorist coverage may provide additional protection, subject to the applicable policy and law.

If you do not have applicable UM/UIM coverage, other legal options may be available depending on the circumstances of the accident and the assets or insurance coverage of the responsible party.

Types of Compensation Available

You may have been treated in the hospital for serious injuries like broken bones, traumatic brain injuries, spinal injuries, back injuries, or neck injuries, and you may now be facing months of physical therapy or other medical treatment. Your injuries might have left you unable to work, making it difficult for your family to cover basic living expenses such as housing, utilities, and groceries.

The sudden financial burden, coupled with physical pain and emotional strain, can feel overwhelming. Depending on the circumstances of your case and the applicable coverage, you may be entitled to various types of compensation, including:

Medical Expenses: Coverage for medical bills related to the accident.

Lost Income: Compensation for income lost due to your inability to work.

Pain and Suffering: Damages for physical pain and emotional distress.

Property Damage: Reimbursement for covered property damage, subject to the applicable insurance policy and Washington law.

Future Expenses: Anticipated medical and rehabilitation costs associated with accident-related injuries.

Learn more about what types of damages you may be able to recover in a Washington personal injury case.

Why Choose a Personal Injury Attorney at RHHK?

Experience and Expertise: With decades of experience handling personal injury and uninsured motorist claims, our attorneys have the knowledge and skills needed to navigate these complex cases.

Client-Centered Approach: We prioritize your needs and well-being, offering personalized attention and support throughout the legal process.

No Fees Unless We Win: We operate on a contingency fee basis, meaning you won’t owe us anything until we secure compensation for you, subject to the terms of our representation agreement.

Contact RHHK’s Car Accident Attorneys for a Free Consultation

If you or a loved one has been involved in an uninsured or underinsured motorist accident in Washington, don’t navigate this complex process alone. Contact the experienced team at Rush, Hannula, Harkins & Kyler PLLC for a free consultation. We will evaluate your case, explain your legal options, and guide you every step of the way.

Our law firm has over 60 years of experience managing wrongful death and personal injury cases arising from motor vehicle accidents caused by uninsured drivers across Washington State.

We are committed to helping accident victims understand their insurance coverage and pursue the compensation available to them. With our experience handling personal injury and motor vehicle accident claims, you can trust our team to approach your uninsured or underinsured motorist claim with dedication and care.