Should I Hire a Lawyer for an Uninsured Driver Claim?

You should consider hiring a lawyer if you have been in a car accident with an uninsured driver. While not required to have a lawyer, an uninsured driver claim can become difficult and complex, making legal assistance beneficial for pursuing compensation for injuries, property damage, medical expenses, and more. Importantly, there is a deadline to file a claim, so consult with lawyers as soon as possible.

Why would I need to make an uninsured driver claim?

Even though Washington requires all drivers to have liability insurance, many still drive without insurance or adequate coverage. If you have been involved in a car accident with an uninsured or underinsured driver, you still need to recover your damages. Therefore, if your insurance policy includes uninsured/ underinsured motorist coverage, you can file a claim with your own insurance company.

Filling an uninsured driver claim might seem straightforward, especially if you have a long-term relationship with your insurer. However, insurance companies often aim to minimize their payout. Therefore, it is crucial to remember that even with uninsured/underinsured motorist coverage, insurance agents might attempt to place some blame on you for the accident. Additionally, uninsured motorist coverage could cover damages in a hit-and-run accident if the other driver left the scene before officers arrived.

How can a Vancouver, WA car accident attorney help with my uninsured driver claim?

A car accident attorney can help navigate an uninsured driver claim. Insurance companies often put up a fight, delay claims, and sometimes fail to cooperate. An experienced attorney can manage communications with your insurer, ensuring you do not say anything that could be used against you, and fight for the compensation you deserve. Here are some ways an attorney can help:

• They can take some of the stress and frustrations off your plate: Therefore, the last thing you want to do is add more stress and frustration to your life. However, an attorney can handle the legal tasks for you while you focus on healing from your injuries. They will collect all necessary legal documents, speak with your insurance company, ensure that everything is filed on time, and negotiate on your behalf.
• They can collect strong evidence to support your claim: Recovering from an accident is stressful. It is very important to have evidence that strongly supports your claim and shows that the accident was the uninsured driver’s fault. Therefore, a knowledgeable attorney will know what type of evidence you need and how to find it.
• They will ensure that you get a fair settlement: It can be difficult to understand uninsured accident claims. However, car accident lawyers handle these types of cases, which is why they can answer any of your questions and concerns and ensure that you fully understand your claim. If you do not have a lawyer by your side, you may think that the amount offered by the insurance company is fair, but it may be much lower than you deserve. Insurance adjusters use various tactics to trick accident victims into accepting lower settlements, which your attorney can help you avoid.
• They will make sure the insurance company cooperates: No matter how long you have used the same insurance company, they may try to delay or deny your claim to avoid paying you any compensation. This is common especially when an individual does not have any legal representation. Therefore, if you hire a lawyer, they will deal with difficult insurance companies and make sure they cooperate.

What if I do not have uninsured or underinsured auto insurance coverage?

Washington state requires that all car owners have the following minimum liability insurance coverage, but drivers are not required to carry it. Many drivers decline this coverage to save money. If you do not have this coverage, your insurance company is not obligated to provide a settlement after an accident with an uninsured driver. Your only option might be to file a personal injury lawsuit against the driver to recover your losses.

• Bodily injury or death to one person in one accident. $25,000. Bodily injury damages normally include the victim’s medical bills, pain and suffering, and lost income.
• Bodily injury or death to multiple people in one accident. $50,000. For example, this coverage pays for damage if both a driver and passenger are hurt or killed in a Vancouver or Battle Ground WA car accident.
• Property damage, such as car damage, in any one accident. $10,000.

Drivers are required to have their insurance ID card with them and to show it to a police officer on request. The ID card should provide the insurance company name, policy date, and effective dates of coverage. The ID card should also provide the year, model, or make of the insured vehicles or the insured driver’s name.

If a driver who causes an accident (which causes injuries or fatalities) does not have the state minimum, then his or her license may be suspended. However, a license suspension will not help you, as an injured party, pay your medical bills or make up for your lost wages.

Washington is an at-fault state, meaning one or both drivers are determined to be at fault in an accident. If you are not at fault for the accident and need compensation to pay for your medical bills, lost income, vehicle damage, and other losses, it is essential to hire a lawyer to help you file a personal injury lawsuit and begin building a strong case against the defendant. Taking the case to trial requires presenting your case to a judge or jury.

Using your own uninsured/underinsured (UM/UIM) policy

An uninsured/underinsured motorist (UM/UIM) policy applies if the driver who caused your accident was not insured or didn’t have enough coverage. It generally also applies if the driver who struck you was a hit and run driver. Your insurance company is required to offer you UM/UIM coverage when selling you your policy, and if you choose to go without, you must waive it in writing. Never waive your UM/UIM coverage.

In serious car accidents, injuries are serious as well. Often, the medical expenses for catastrophic injuries greatly exceed Washington’s minimum policy limits of $25,000 and your UM/UIM coverage may be the only way to secure proper compensation for your damages. The people who can claim damages through a UM/UIM policy generally include the policyholder, anyone who lives in the policyholder’s household, anyone who is a passenger in your car, and anyone the policy owner allowed to drive the policyholder’s vehicle. Every policy is different, but our insurance attorneys can answer any of your questions.

Who may be liable for my car accident and injuries?

At Philbrook Law, we file claims against all responsible defendants. Generally, each defendant is responsible for the full damage award. The defendants then need to work out among themselves the amount that each defendant should pay. This means that if a driver causes an accident but another defendant is liable too – then the other defendant should pay all your damages if the driver is uninsured or does not have enough insurance.

For example, if a truck driver causes an accident, then the trucking company that hired the driver may also be liable. Even if the driver is not insured, the trucking company that hired the driver is responsible for the full amount of your economic and personal losses.

Some of the defendants who may be liable for a car accident (and who may thus be required to use their own insurance to pay your damage claim) include:

• The owner of the vehicle if different than the driver.
• Other drivers if more than one driver caused the accident.
• A parts manufacturer if a defective car or truck part caused the accident.
• An alcohol vendor that sold alcohol to a minor or someone who was visibly intoxicated – and the intoxication was the cause of the car accident. A private social host may also be liable for giving alcohol to a minor who causes a drunk driving accident.

Other defendants may also be liable, depending on how the accident happened.

What other insurance remedies may apply to my case?

If you are injured in a car accident in Vancouver or Battle Ground WA and the responsible driver isn’t insured/fully insured, then you can always seek to have your own healthcare insurance company pay your medical bills according to the terms and deductible of your health policy.

You can also seek coverage through your personal injury protection (PIP) coverage. PIP coverage should be offered to you when you buy your liability coverage.  Your insurance company is required to offer it to anyone who buys liability insurance. This coverage pays for:

• Medical bills including hospital bills. Between $10,000 to $35,000.
• Funeral bills. Up to $2,000.
• Lost wages. Between $200 to $700 per week up to $10,000 or $35,000, depending on how much coverage you buy.
• Loss of services. This covers work, such as household chores, that you can’t do. Up to $200 per week to $5,000 total. You can buy up to $14,600 in coverage.

There are specific time limits for filing UM/UIM claims, health insurance claims, and PIP claims. It’s critical to note that you still need to prove another driver was negligent to recover UM/UIM damages. Victims do not need to prove fault to recover health insurance or PIP benefits.

At Philbrook Law, our Vancouver and Battle Ground, WA car and truck accident lawyers understand that proving that drivers and others are liable for your accident is just the first step in the compensation process. The second step is demonstrating your damages. The third step is collecting from the insurance companies. Our attorneys are skilled with all types of accident insurance issues, including what happens if the driver who struck you doesn’t have insurance.

If you have been involved in a car accident with an uninsured driver, reach out to Vancouver, WA car accident attorneys at Philbrook Law at your earliest convenience. We know and understand that being struck by an uninsured driver can be a frightening and confusing experience, which is why we are dedicated to helping you through every step of the process. Call our office or complete our contact form to schedule your free, no-obligation case review in Vancouver or Battle Ground, WA today. We also proudly serve Oregon clients.