About one in seven U.S. drivers carried no insurance in 2023, according to the Insurance Research Council. Washington saw the largest increase of any state for uninsured motorist collisions. Among insured drivers, many carry only the state minimum: $25,000 per person and $50,000 per crash in bodily injury coverage. One serious injury can exhaust that coverage in a single ambulance ride and ER visit.

At the Scene

An uninsured driver is far more likely to leave. Move fast but stay safe.

1. Get clear of traffic and check for injuries. Call 911 if someone is hurt.
2. Photograph the plates first. If the driver flees, the plate is your best lead. Then photograph the vehicles, the damage, the road, and the cars’ positions.
3. Photograph the driver’s license and insurance card if the driver stays. Even an expired or invalid card tells you something.
4. Get their information directly: name, phone, address, and the vehicle’s registration. The car may belong to someone else whose insurance applies, even if the driver has no insurance.
5. Ask whether they were working. An employer’s policy may cover a driver on the job. This single question can open a second source of recovery.
   

Call the Police and follow the 72-Hour Rule

Report the crash to law enforcement. A police report is the official record your claim will rely on, and in some cases, it is required.

If the driver flees and can’t be identified, your UIM claim becomes a hit-and-run or “phantom vehicle” claim. Washington law sets two conditions for such claims: the crash must be reported to police within 72 hours, and the facts must be corroborated by evidence other than your own account, a witness, camera footage, or vehicle debris. Miss the 72-hour window, and you risk losing the claim before it even starts. Report it the same day if you can.

Demand the Coverage You Paid For

Call your insurer to report a collision with an uninsured driver. Ask what UIM coverage you carry and what your limits are.

If the company tells you that you have no UIM coverage, do not take that at face value. Washington requires insurers to offer UIM and to obtain your written rejection if you decline it. Ask them to produce your signed rejection. If they can’t, you may be covered anyway; Washington courts have required insurers to extend coverage when no valid written waiver exists.

One trap to watch for: “full coverage” has no legal definition and often does not include UIM. Do not assume you have it just because an agent once used that phrase.

When to Call a Lawyer

A UIM claim is a claim against your own insurer, and the relationship changes the moment you file. If your injuries are serious, the insurer disputes what you’re owed, or your damages exceed the at-fault driver’s limits, representation usually pays for itself. We can tell you on a free call whether your case needs it.

Call Campbell Barnett at 253-848-3513 for a free case review.

John M. Forsythe Personal Injury and Wrongful Death Attorney, Campbell Barnett PLLC Avvo Clients’ Choice Award profile · Super Lawyers profile