Please note that the content of this post does not constitute legal advice nor does it create an attorney/client relationship and is for general informational purposes only.
Many often face the situation where they are struck by an uninsured driver. In general, here are some tips for handling such matters if you are involved in a motor vehicle accident in Southwest Washington.
It can be very difficult to obtain anything from an uninsured driver and if you don’t have UIM (unisured / under insured motorist) coverage, there likely won’t be any source of recovery. Sometimes if the vehicle was loaned by another insured individual there may be insurance available, or there could be a claim against the owner for negligent supervision / lending the car to an irresponsible driver.
In general, if there was a police report filed, one can request damages from the driver for your damage and medical expenses by sending written correspondence to the driver detailing damages and requesting payment. If a police report is not filed, generally you have four days to report the incident to the Department of Licensing. https://wrecr.wsp.wa.gov/omvcr
It can be somewhat complicated to recover as insurance companies also need to be reimbursed for expenses that they pay, it’s often necessary to contact the insurance company and inform them of the accident and potential recovery and repayment will often be necessary.
If a police report is filed, and typically upon providing notice to the driver, there is a DOL form to report unpaid damages after 180 days I believe which will require them to pay or their license and registration may be cancelled. https://dol.wa.gov/forms/view/500027/download?inline
Another option is small claims which is limited to $10k recovery, but claimants have to collect it which is problematic as they don’t have insurance and likely won’t have assets. However, if a small claim is one, one may be able to assign their claim to a collections agency who can recover attorneys’ fees if the judgment is not timely paid (often 30 days after judgment).
You often will have a three year statute of limitations to file and commence a legal suit, so you will want to pay close attention to that and contact an attorney if you have further questions.
This article was written by Joseph Wagner, a personal injury attorney serving employees in the State of Washington. It should not be construed as legal advice or creating an attorney client relationship. For more information, please reach out to us to schedule a consultation to apply to the facts of your situation.