WA state personal injury tort law, involved in a car accident with an uninsured driver

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Answers (3)

Thuong-Tri Nguyen

Thuong-Tri Nguyen

Contributor Level 9
If you have the appropriate insurance coverage, you report the incident to your insurance company.

If you have injuries, get the appropriate medical treatment.

You can review your facts and options with your own attorney. Sometimes, the other driver may in fact be insured and was not aware. Or, that driver may have assets and for some reason let the insurance coverage lapsed.
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David Carl Beyersdorf

David Carl Beyersdorf

Contributor Level 6
In addition to Mr. Nguyen's advice above, I would add that you still have the option of filing a lawsuit against the other driver. Hire an attorney to do this if you can, or use small claims court if the damages aren't too large. Even if there is no insurance, you can still obtain a judgment against the driver and/or the car owner. Sometimes these judgments are collectable, and sometimes they are only worth the paper they are printed on. Judgment liens on real estate and wage attachments can be slow, but you might just get the judgment paid off if you are persistent.
Good Luck

David C. Beyersdorf
LEE & BEYERSDORF, LLP
2110 North Winery Avenue, Suite #101
Fresno, CA 93703
(559) 252-7000
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Michael John Gainer

Michael John Gainer

Contributor Level 6
Good answers above. You will want to look to your own insurance or the insurance on the vehicle in which you were a passenger. That insurance will almost always have UM (underinsured motorist) covereage and usually as PIP (personal injury protection coverage). The PIP immediately covers medical expenses and loss of income, and it is available regardless of who was at fault for the accident.

In the UM claim, the insurer stands in the shoes of the at-fault driver. You file a claim, negotiate and if you cannot resolve the claim, you can ask for arbitration or court depending on the language of the policy. First, call and make you claim and ask for a certified copy of the applicable policy and declarations page, which shows what your limits are. Once you injuries have resolved or gotten to a point you feel comflrtable with, obtain your medical records and bills and submit them to the UM carrier. It can be intimidating to deal with these folks, as they're trained and are reviewed on time to resolve and amounts. They are a business and want to make money! Maybe a good idea to have your own attorney who can do this for you and only get paid once you recover.
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