What to Do if You’ve Been in an Accident with an Uninsured Motorist

Aug 6, 2024 | Car Accidents

What would you do if the person who just collided with your car didn’t have insurance? Unfortunately, an uninsured motorist accident can complicate what is already a stressful situation. Without the safety net of the other party’s insurance to cover damages, you may find yourself facing significant financial challenges. However, knowing the right steps to take can help mitigate these challenges and ensure you’re protected. This guide will outline the essential actions to take if you find yourself in an uninsured motorist accident, helping you navigate this complex scenario with confidence.

What to Do After an Uninsured Motorist Accident

Being involved in an accident with an uninsured motorist requires a slightly different set of actions compared to a standard accident scenario. Here’s what you need to do immediately following an uninsured motorist accident:

Call 911

In the event of an uninsured motorist accident, your first step should always be to call 911. This is important for a couple of reasons. For starters, it ensures that any medical needs are addressed immediately. More than that, having a police report is crucial, especially when dealing with an uninsured driver. The police can document the accident scene, gather necessary information, and provide a report that will be invaluable when you file a claim with your insurance company. This official documentation is often required to activate uninsured motorist coverage.

Exchange Information with the Other Driver

Even though the other driver is uninsured, you still need to exchange contact information. Get the driver’s full name, address, phone number, and the make, model, and license plate of their vehicle. It’s also useful to note the driver’s license number. If there are witnesses, gather their contact information as well. Having this information can be helpful if there is a need for further legal action or for your insurance company to potentially contact the other driver.

Check Your Insurance Policy

After ensuring safety and exchanging information, the next step is to check your own insurance policy. Look specifically for uninsured motorist (UM) coverage, which is designed to cover your losses in case you get into an uninsured motorist accident. This coverage typically pays for your medical expenses and, in some policies, may also cover damage to your vehicle. It’s important to understand the details of your coverage, including any deductibles and limits, to assess how much of your losses will be covered.

Call Your Insurance Company

Once you’ve assessed the situation and gathered all necessary information, contact your insurance company to report the uninsured motorist accident. Provide them with all the details of the incident, the police report number, and any other driver and witness information you collected. Your insurance provider will guide you through the process of filing an uninsured motorist claim. It’s crucial to initiate this process as soon as possible, as some insurance policies have strict time limits for reporting accidents.

Take Photos and Document the Scene

Immediately after an uninsured motorist accident, it’s vital to take comprehensive photos of the accident scene. Document all visible damage to your vehicle, any visible injuries you or any passengers have sustained, and overall road conditions. Additionally, take photos of the surrounding area, including traffic signs and any obstacles or debris. These photos can provide critical evidence for your insurance claim or any legal action you may need to pursue. Detailed documentation also helps ensure that all aspects of the accident are clearly captured, which is crucial when the at-fault driver lacks insurance coverage.

Seek Medical Treatment for Any Injuries

Following an uninsured motorist accident, prioritize seeking medical treatment immediately, even if you feel your injuries are minor. Some injuries, such as whiplash or internal trauma, may not show symptoms immediately. Obtaining a thorough medical evaluation quickly ensures that any injuries are professionally assessed and documented, which is necessary for your health and any subsequent insurance claims or legal actions. This medical record will serve as important documentation of your condition resulting from the accident and can be crucial in securing compensation for your injuries.

Call a Car Accident Lawyer

Dealing with the aftermath of an uninsured motorist accident can be legally complex and financially daunting. For this reason, it’s advisable to consult with a car accident lawyer who has experience with uninsured motorist claims. A skilled attorney can help you navigate the legal challenges, negotiate with your insurance company, and ensure that your rights are protected throughout the claim process. They can also advise you on the possibility of pursuing a lawsuit against the uninsured driver, if necessary, to recover additional damages not covered by insurance.

How to Protect Yourself in the Future from Uninsured Motorist Accidents

Preventing complications from future uninsured motorist accidents begins with proactive measures to protect yourself and your assets. Here’s how you can safeguard against the uncertainties of encountering an uninsured driver:

  • Carry Uninsured Motorist Coverage: Ensure your auto insurance policy includes uninsured motorist (UM) and underinsured motorist (UIM) coverage. This coverage is specifically designed to protect you financially if you’re involved in an accident with a driver who lacks adequate insurance.
  • Regular Policy Review: Periodically review your insurance policy to understand and adjust your coverage levels based on your current needs and potential risks.
  • Defensive Driving: Engage in defensive driving practices to reduce your risk of accidents. This includes maintaining awareness of your surroundings, adhering to traffic laws, and avoiding distractions while driving.
  • Vehicle Safety Features: Invest in a vehicle with advanced safety features or upgrade your current vehicle with safety enhancements to minimize the risk of severe injury in case of an accident.

Ensuring Your Legal Rights Are Protected

Ultimately, the aftermath of an uninsured motorist accident can be overwhelming, but you don’t have to face it alone. Understanding your insurance coverage and knowing the steps to take immediately following an accident are vital in securing your rights and obtaining the compensation you deserve. 

If you’re in the Puget Sound or Kent, Washington area and need assistance with an uninsured motorist claim, don’t hesitate to reach out to Greaney Scudder Law Firm. Our skilled team is committed to guiding you through the process and making sure you receive the outcome you deserve. Contact us today to initiate the process.

How does an uninsured motorist coverage work?

Uninsured motorist coverage protects you if you’re involved in an accident with a driver who does not have insurance or in the case of a hit-and-run. This coverage can pay for your medical expenses, damage to your vehicle, and potentially even cover lost wages and pain and suffering. It acts as a substitute for the insurance the at-fault driver should have had.

What happens if an uninsured driver hits you in Washington?

If an uninsured driver hits you in Washington, you can file a claim under your own uninsured motorist coverage if you have it. This coverage can help cover the costs of damages and injuries. Without uninsured motorist coverage, you may have to bear the costs yourself or attempt to sue the uninsured driver to recover damages directly.

Do insurance companies go after uninsured drivers in Washington?

In Washington, if an insurance company pays out under uninsured motorist coverage, they may choose to pursue the uninsured driver to recover the amount paid. This process, known as subrogation, involves the insurance company attempting to recoup losses from the at-fault, uninsured driver, potentially through legal actions.

Can you sue an uninsured driver?

Yes, you can sue an uninsured driver. However, collecting compensation from an uninsured driver can be challenging, as individuals without insurance may not have sufficient assets or income to cover the damages. Consulting with a lawyer can provide insight into the viability and potential success of such a lawsuit based on the specifics of the case.