What Happens If the Person at Fault in an Accident Has No Insurance in Washington?

Causing an accident in Washington exposes an uninsured at-fault driver to significant consequences. As Washington employs a fault-based (tort) insurance system, car accident victims can seek financial compensation when another party's negligence contributes to a crash. In other words, at-fault drivers are legally liable for the losses, injuries, or damages they inflict. Typically, victims pursue compensation via a claim against the at-fault party's insurer or by filing a personal injury lawsuit. Sometimes, victims may opt to recover damages through their own Uninsured/Underinsured Motorist (UM/UIM) coverage. To fully maximize compensation, however, a comprehensive understanding of one's rights and liabilities under Washington State law is essential. Driving without liability insurance is considered one of the more serious Washington traffic violations and infractions, punishable by fines, driver's license suspension, and potential impoundment of the vehicle.

Is It Illegal To Drive Without Insurance In Washington?

Yes. In Washington, it is illegal to operate a vehicle without a way to assume financial responsibility for potential damages or losses (RCW 46.30.020). While liability insurance is the most common method of demonstrating financial responsibility, other acceptable options include:

• Self-insurance: Available to individuals owning 26 or more vehicles through the Department of Licensing (DOL).
• Certificate of deposit: Obtainable by submitting a Financial Responsibility Application and Affidavit to the DOL.
• Liability bond: A bond of at least $60,000 from a surety bond company authorized in Washington.

The following vehicles are exempt from Washington's insurance mandate, but operators may still be held accountable for any damages or injuries they cause:

• Mopeds and motor scooters
• State or publicly-owned vehicles
• Horseless carriages over 40 years old
• Common or contract carrier registered with the Washington Utilities and Transportation Commission

Further, vehicles being driven in Washington but registered in other states must comply with the insurance requirements of the state of registration.

What Is the Minimum Insurance Requirement in Washington?

RCW 46.29.090 sets forth Washington's minimum insurance requirements. According to the law, each insurance policy issued in the state must have limits of at least:

• $25,000: Bodily injury/death of one person in any one accident.
• $50,000: Bodily injury/death of any two people in any one accident.
• $10,000: Injury to or destruction of others' property in any one accident.

Washington does not mandate Uninsured/Underinsured Motorist coverage.

What To Do After A Car Accident With an Uninsured Driver in Washington

Every driver involved in an accident in Washington must:

• Remain at the scene, even if the accident appears minor or no injuries are apparent
• Offer reasonable aid to those injured, and call 911 immediately if necessary.
• Notify the Washington State Patrol (WSP), county sheriff, or city police. If a police officer investigates the collision, drivers do not need to report it. However, if no officer investigates and the crash involves $1,000 or more in damage to any single unit or an injury, each driver must submit a Vehicle Collision Report within four days. Accidents involving a hit-and-run or unidentified vehicle must be reported to the police within 72 hours.

Collision reports can be submitted online via the OMVCR portal or by obtaining report forms from one's local police department, county sheriff's office, or Washington State Patrol district office.

• Exchange necessary information with others involved and responding law enforcement officers, including name, address, vehicle license, phone number, insurance company, and insurance policy number. Note the responding officer's name and badge number.

If the at-fault driver is uninsured/underinsured, it is crucial to document as much information as possible. This includes taking pictures of vehicle damage and collecting the contact details of eyewitnesses.

Promptly reporting the incident to one's insurance company is also essential. Individuals with uninsured/underinsured motorist coverage can file a claim with their insurer to pay the damages, including those caused by a hit-and-run driver or a "phantom vehicle" (where a vehicle causes injury or damage without physical contact).

Victims without UM/UIM coverage may rely on other purchased coverages to recoup their losses. For instance, collision coverage addresses vehicle repair costs. Personal injury protection (PIP) covers injury-related expenses, such as medical and hospital fees, lost wages, funeral expenses, and loss of services.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Even if an individual is not at fault for an accident in Washington, they are deemed to have committed a traffic infraction for driving without insurance. This offense carries civil penalties outlined in RCW 46.63.110 or community restitution. Administrative sanctions, like license suspension, SR-22, and vehicle impoundment, may also be imposed.

Although uninsured drivers in Washington can pursue compensation from an at-fault driver, they might encounter challenges or delays when interacting with insurance companies.

Can I Sue an Uninsured Driver in Washington?

Yes. In Washington, an injured party can file a claim against an uninsured at-fault driver to recover damages. This claim is typically filed in the district court.

Claimants generally have three years from the date of injury to file their cases in court (RCW 4.16.080 (2)).

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Washington?

Uninsured/underinsured motorist coverage compensates for bodily injury or property damage that an uninsured or underinsured driver causes. Car accident victims without UM/UIM coverage may seek reimbursement through other policies they hold, such as PIP, collision, or comprehensive coverage.

If both parties in an accident lack insurance, compensation can be sought directly from the at-fault driver's assets. However, recovering damages may be challenging if the at-fault party is bankrupt or has limited or exempt assets.

What Is Uninsured Motorist Coverage in Washington?

Uninsured motorist (UM) coverage offers financial protection against drivers who lack insurance. This coverage is not compulsory in Washington, but insurers must make it available. UM coverage reimburses the policyholder, their family members, or their designated drivers if they are involved in accidents involving uninsured drivers, hit-and-runs, or unidentified vehicles. Washington's minimum UM coverage limits match its minimum liability limits.

What If I Don't Have Uninsured Motorist Coverage in Washington?

Car accident victims who lack UM/UIM coverage in Washington or add-on coverages to offset injury-related costs can:

• Pay out-of-pocket and seek reimbursement: The victim can pay for damages and then seek reimbursement from the at-fault party. If the uninsured at-fault driver fails to pay for collision damages, and the collision resulted in at least $1,000 in property damage or an injury, the incident can be reported to the DOL. This entails completing a Motor Vehicle Claim for Damages within 180 days of the accident and attaching supporting documentation like estimates and receipts. Filing this complaint can lead to the suspension of the uninsured's driving privileges for three years from the collision date.
• Pursue litigation: If negotiations or mediation fail to produce a fair resolution, the injured party can file a personal injury lawsuit. However, litigation does not assure a favorable outcome or that any money judgment, if awarded, will be paid.
• Apply to the Washington State Crime Victims Compensation Program: Administered by the Washington State Department of Labor and Industries, this program offers financial, medical, and mental health benefits to victims of gross misdemeanor or felony crimes (e.g., a hit-and-run or DUI causing a fatality). It is considered a "payer of last resort", meaning all other avenues for financial recompense must be exhausted first.

How Do I Get Compensation from an Uninsured Driver in Washington?

Civil accident lawsuits in Washington begin when a person ("plaintiff" or "petitioner") files a complaint in the district court, usually where the cause of action arose (i.e., the crash occurred) or where the defendant resides, as prescribed by statute. If the damages are under $10,000, "natural persons" (individuals) can file in small claims court, a division of the district court. Businesses and other entities have a small claims cap of $5,000.

Filing the petition may involve a fee, and the defendant/respondent must be formally notified of the lawsuit (i.e., served) and given an opportunity to respond, usually within 20 days. Afterward, the case will proceed to other motions, hearings, and events, including "discovery", where information and evidence are exchanged, culminating in a determination of the sued party's negligence or liability. Clark County's Law Library provides extensive resources on the steps of a Washington civil lawsuit.

Failure to satisfy a civil court judgment for collision damages within 30 days can result in a 10-year license suspension, with a potential extension of another 10 years upon court notification (RCW 46.29.310 and 330). Unpaid judgments can also be enforced through the collections process, including wage garnishment or seizing property.

How Much Can You Recover From an Uninsured At-Fault Driver in Washington?

In Washington, the amount recoverable from an uninsured at-fault driver varies based on the specific case and, if applicable, the court where the petition is filed. For instance, small claims court has a damages cap of $10,000. Generally, compensatory awards can significantly increase with serious injuries.

If a civil judgment is issued and the losing party fails to pay, Washington law permits the judgment to grow after post-entry. For example, small claims court judgments accumulate enforcement costs and interest at the statutory rate if they remain unpaid for over 30 days.

How To Find Out If the At-Fault Driver Has Insurance in Washington

Washington State collision/accident reports typically contain insurance details for all involved parties. The WSP manages these reports, which can be bought for $10.50 each through the WRECR (Washington Requests for Electronic Collision Reports) system. Alternatively, a copy can be procured from the investigating local law enforcement department. Generally, requesters will need the case number, collision date (or range), or an involved party's first and last name to submit an inquiry.

If the accident case is litigated, insurance information (including the existence thereof) may be procured during discovery.

Are Accidents Public Record in Washington?

Accident/collision reports maintained by law enforcement agencies in Washington are accessible under the Public Records Act (Chapter 42.56 RCW). However, unredacted reports are only released to legally authorized entities, such as the reporting party, their attorney, an insurer, or a county prosecuting attorney (RCW 46.52080 and 083).

Court records from car accident cases are also public, but court rules govern access, for example, General Rules (GR): GR 31 (Access to Court Records).

Driving records (which include collision history) are confidential in Washington, and only certain individuals or companies can obtain another person's driving record.

Can You Go to Jail for Causing an Accident Without Insurance in Washington?

Washington State classifies driving without insurance as a traffic infraction, incurring fines of $550 or more. Falsifying proof of coverage is a misdemeanor (RCW 46.30.040), punishable by up to 90 days in jail, a $1,000 fine, or both (RCW 9A.20.010). Should an uninsured driver cause an accident, particularly one leading to severe injuries or deaths, they may face gross misdemeanor or felony charges, both of which carry penalties of imprisonment and fines (seeChapter 9A.20 RCW).

Can You Settle With an Uninsured Driver Out of Court in Washington?

Yes. Out-of-court settlements are a viable option for resolving disputes with uninsured drivers in Washington. Frequently achieved through negotiation or mediation, these settlements can be more cost-effective and less time-consuming than litigation. The state legally recognizes both verbal and written agreements, but a written agreement, signed by both parties, is advisable for clarity and enforceability.

Can I Get Compensation If I Was Partially at Fault?

Yes. While Washington is an at-fault or tort state, it also incorporates a "pure comparative negligence" model. This means that even if a victim is partially at fault for an accident, they can still recover damages, but their award will be reduced by their share of fault. Case in point: if the monetary award is $50,000, and the victim is found to be 70% responsible, they would receive $15,000.