What Happens If You’re Hit by an Uninsured or Underinsured Driver?

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A car accident is already a stressful experience, but it becomes even more challenging when the at-fault driver lacks sufficient insurance coverage. This scenario is more common than you might think. In Washington, many drivers either lack insurance altogether or carry the minimum liability coverage, which often falls short of covering damages in serious accidents. Thankfully, there are steps you can take to protect yourself financially in such situations, starting with understanding uninsured/underinsured motorist (UM/UIM) coverage.

What Is UM/UIM Coverage?

Uninsured/underinsured motorist (UM/UIM) coverage is an optional but highly recommended part of your auto insurance policy because it provides vital financial protection if the at-fault driver cannot cover your damages. It ensures that you and your passengers are safeguarded against medical expenses, lost wages, and other costs when the other driver lacks sufficient insurance. UM coverage applies when the at-fault driver has no insurance at all, while UIM coverage bridges the gap when their liability insurance isn’t enough to cover your losses. Together, these policies ensure you’re not left bearing the financial burden of an underinsured or uninsured driver.

In Washington, insurance companies are required to offer UM/UIM coverage when you purchase an auto policy. If you decline it, you must do so in writing. However, given the financial protection it offers, we highly recommend including this coverage in your policy.

How Does UM/UIM Coverage Work?

If you are hit by an uninsured or underinsured driver, your UM/UIM coverage can step in to cover damages such as:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage

Your insurance company steps in to cover damages as though they were the at-fault driver’s insurer. They evaluate your claim and pay damages directly to you, including medical expenses, lost wages, and other costs beyond what the at-fault driver’s liability policy covers—or in cases where they have no coverage at all. Additionally, in Washington, UIM coverage is structured to work on top of the at-fault driver’s liability coverage. This means you can recover the full amount of their insurance limits, and then your UIM coverage applies to cover any remaining damages up to your policy’s limit. For example, if the at-fault driver’s liability coverage pays $25,000 and your damages are $75,000, your UIM coverage can provide up to $50,000, depending on your policy’s limits.

What to Do After an Accident with an Uninsured or Underinsured Driver

  1. Document the Scene: Take photos of the vehicles, the accident scene, and any visible injuries. Get the contact information of any witnesses.
  2. Gather Key Information: You may not immediately know if the other driver has insurance. Always collect relevant details, including the driver’s name, address, phone number, license plate number, and the make and model of their vehicle. This information is critical to support your claim, especially if the other driver turns out to be uninsured or provides inaccurate insurance information.
  3. File a Police Report: A police report can serve as valuable evidence when filing an insurance claim.
  4. Notify Your Insurance Company: Report the accident to your insurer as soon as possible and inform them that the other driver is uninsured or underinsured, when this information is available.
  5. Seek Medical Attention: Even if you feel fine, some injuries may not present symptoms immediately. Detailed medical treatment and thorough records of all visits play a vital role in strengthening your claim.
  6. Consult an Attorney: Insurance companies may try to minimize your claim. An experienced personal injury attorney can help you navigate the process and ensure you receive fair compensation.

Common Challenges in UM/UIM Claims

While UM/UIM coverage offers significant protection, filing a claim isn’t always straightforward. Your insurance company may:

  • Dispute the severity of your injuries
  • Argue that some of your damages aren’t covered
  • Offer a settlement that’s lower than what you deserve

This is why it’s crucial to understand your rights and work with a knowledgeable attorney who can advocate for you.

Why UM/UIM Coverage Is Essential in Washington

Approximately one in six drivers in Washington are uninsured, according to the Insurance Research Council (source). Additionally, the state’s minimum liability insurance requirements—$25,000 per person and $50,000 per accident—are often inadequate for serious accidents. Without UM/UIM coverage, if the at-fault driver only has $25,000 in liability limits and you lack additional coverage, that $25,000 is all you can recover. Protecting yourself with adequate coverage is one of the easiest and most effective ways to safeguard against financial hardship.

Final Thoughts

Being hit by an uninsured or underinsured driver can complicate the recovery process, but you don’t have to face it alone. By understanding and utilizing your UM/UIM coverage, you can protect yourself and your family from financial hardship. If you’ve been in an accident, consulting with an experienced personal injury attorney can help you navigate the complexities of your claim and maximize your compensation.

Take the Next Step: Get Your Free Policy Review

At Scott & Scott, PLLC, we want to ensure you are fully prepared before an accident happens. That’s why we provide a free review of your auto insurance policy’s declaration page. We’ll help you understand your coverage and identify potential gaps that could leave you at financial risk. Adequate UM/UIM coverage is essential to safeguard you and your loved ones in case of an accident with an uninsured or underinsured driver.

Take control of your financial future today. Contact us for a free policy review to ensure your coverage is sufficient to protect you in the event of an accident. Don’t wait until it’s too late—secure your peace of mind now.

How We Can Help If You’ve Been Injured

If you’ve been injured in an accident, our team is ready to help you secure the compensation you need. The claims process can be complex and overwhelming, but you don’t have to navigate it alone. Contact Scott & Scott, PLLC today for a free consultation, and let us be your advocate every step of the way.

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