What to Do If the Other Driver Has No Insurance in Washington

August 13, 2026
Max Meyers Law

If you are hit by an uninsured driver in Bothell, Kirkland, or anywhere in Washington, you still may have a path forward. Get medical care, document the scene, report the crash, and talk with your insurer about uninsured and underinsured motorist coverage. If injuries are serious or fault is disputed, a local attorney can help protect your claim.

Immediate steps at the crash scene

  • Check everyone for injuries and call 911. Move to a safe spot if you can.
  • Tell the officer the other driver does not appear to have insurance and ask for the incident or report number.
  • Exchange information. Get the driver’s name, phone, plate number, vehicle make and model, and any ID they offer. Do not argue about fault.
  • Photograph the vehicles, damage, skid marks, traffic signs or signals, the license plate, the driver, your injuries, and the wider scene.
  • Collect witness names and contact information.
  • If it is a hit and run, try to capture the plate or a description, call 911 right away, and report the hit and run to police as soon as possible.

Reporting and documentation

Get the police crash report once it is available. Many insurers will ask for it during the claim. It can also document insurance status and fault details.

Write your own account while everything is fresh. Keep a folder with medical records and bills, repair estimates, tow and rental receipts, pay stubs that show lost income, and all emails or letters with insurers.

Notify your insurer promptly

Report the crash to your insurer within the time required by your policy. Stick to the facts. You do not need to admit fault during the first notice of loss.

  • Ask if your policy includes uninsured or underinsured motorist coverage, often called UM or UIM, and start a claim if it applies.
  • If you do not have UM or UIM but you carry collision coverage, you may be able to fix your car through collision coverage, subject to your deductible. Your insurer may try to recover from the at fault driver later.

UM and UIM coverage in Washington

UM can cover injuries when the at fault driver has no insurance or in some hit and run cases. UIM can fill the gap when the other driver’s policy limits are too low for your losses. Depending on your policy, property damage may also be included.

In Washington, insurers must offer UM and UIM, and a rejection must be in writing under RCW 48.22.030. Many drivers do not realize they bought it. Ask your adjuster to confirm your limits, whether property damage UM is included, and any family or household members who are covered. Stacking or combining limits varies by policy language.

If your UM or UIM claim is accepted, your insurer investigates and can pay up to your limits. The insurer may then pursue the at fault driver to recover what it paid, a process called subrogation. If your losses exceed your UM or UIM limits, you can still pursue the at fault driver for the remainder.

Hit and run special notes

Report to police immediately and provide photos, video, and witness information. If you have UM coverage, many Washington policies cover hit and run injuries even if the driver is not found, but policies often require prompt reporting and cooperation.

Washington law on phantom vehicles and hit and run claims may require corroborating evidence beyond your word alone. Ask your insurer about any proof requirements and deadlines.

Suing the at fault driver personally

If the other driver has no insurance, you can file a civil claim for medical bills, lost wages, pain and suffering, and property damage. A judgment can sometimes be collected from wages, bank accounts, or assets, but recovery can be hard if the driver has limited means.

For smaller property claims, small claims court can be an efficient option. Washington’s small claims limits and procedures change from time to time, so check the current limit in your county before filing.

Time limits and proving fault

Most Washington personal injury and property damage claims have a three year statute of limitations under RCW 4.16.080. Missing the deadline can end your right to sue, so do not delay claim steps or legal review.

Washington follows pure comparative negligence under RCW 4.22.005. If you share some fault, your recovery is reduced by your percentage. Solid evidence helps. Keep photos, the police report, medical records, repair estimates, and witness statements to support how the crash happened.

If your insurer delays or denies your UM or UIM claim

  • Ask for a written explanation that cites the exact policy language used to deny or limit coverage.
  • Request a copy of your full policy and declarations page.
  • If you feel you are being treated unfairly, you can file a complaint with the Washington State Office of the Insurance Commissioner and speak with an attorney who handles insurance bad faith claims.

Practical tips to protect yourself going forward

  • Buy UM and UIM coverage if you do not have it. Consider higher limits if you can.
  • Keep accident related records and communications in one place.
  • Use a dedicated notebook or phone notes to track symptoms, medical visits, mileage to appointments, and time missed from work.

Quick checklist for crash victims

  • Get medical care and call 911 if anyone is hurt.
  • Call the police and get the crash report number.
  • Exchange information and gather witness contacts.
  • Take photos of vehicles, plates, injuries, the scene, and traffic controls.
  • Notify your insurer and ask about UM and UIM coverage.
  • Collect medical bills, repair estimates, pay stubs, and receipts.
  • File a hit and run report if the other driver fled.
  • Talk with a local lawyer if injuries are significant or fault is disputed.

What to say when you call your insurer

“Hello. I was in a crash on [date] at [location]. I am reporting a claim. The other driver appears to be uninsured or it was a hit and run. Please open a claim and let me know if my policy includes uninsured or underinsured motorist coverage and whether it applies here. My contact information is [phone and email]. What documents do you need from me and what are the next steps?”

Get help in Bothell, Kirkland, and nearby communities

If an uninsured driver hurt you in Kirkland, Bothell, Woodinville, Redmond, Bellevue, or the surrounding Eastside, you do not have to sort this out alone. A focused car crash lawyer can explain your options, handle the UM or UIM process, and pursue the at fault driver when needed.

Max Meyers Law PLLC helps people after collisions across King and Snohomish Counties. We offer free consultations and handle injury cases on a contingency fee. Call 425-970-9300 or visit maxmeyerslaw.com to schedule a time to talk about your situation and your next best step.

Bothell

19515 N. Creek Pkwy, Suite 204
Bothell, WA 98011

(425) 970-9300

Office Hours: 9:00am-5:00pm

Kirkland

11200 Kirkland Way, Suite 340B-1
Kirkland, WA 98033

(425) 970-9300

Office Hours: By appointment only

Lake Forest Park

15500 Bothell Way NE
Lake Forest Park, WA 98155

(425) 970-9300

Office Hours: 9:00am-5:00pm