King County Uninsured & Underinsured Motorist Attorney
Got hit by a driver with no insurance, or one whose policy limits barely cover your hospital bill? Your own insurance company may owe you money, and it will not hand it over without a fight. Injury Law Group NW handles car, truck, motorcycle, and bus accident claims for people throughout King County and the greater Seattle area, including claims against their own carrier when the at-fault driver cannot pay.
A King County uninsured and underinsured motorist attorney works on a strange kind of case. You are suing no one, yet you are often negotiating against the same company that has collected your premiums for years. That company becomes your adversary the moment you ask it to pay under your UM or UIM coverage, and it behaves like one.
Here is how these claims usually unfold: the crash happens, the other driver turns out to have no policy or a minimal one, you treat for weeks or months, and then the real dispute begins over what your injuries are worth and whether your carrier will pay it.
Why Choose Injury Law Group NW for Uninsured and Underinsured Motorist Claims
Injury Law Group NW is a personal injury firm serving King County, Seattle, Bellevue, the Eastside, and the wider Puget Sound region. Our attorneys spent decades defending insurance companies before they began representing injured people and grieving families. That history matters most in UM and UIM cases, where the insurer across the table is your own.
Troy Hunter, our founding partner, spent 16 years in insurance defense litigation, mostly as a partner at Floyd, Pflueger & Ringer. He also serves as a dispute mediator. David D. Mordekhov spent two decades at Gardner Trabolsi & Mordekhov, a Seattle defense firm, trying wrongful death, catastrophic injury, and product liability cases before judges and juries. Both Troy and David are rated AV Preeminent by Martindale-Hubbell. David has been selected to the Super Lawyers list and teaches trial and deposition skills as faculty at the National Institute for Trial Advocacy. Associate attorneys Warren Barreiro and Hannah Shergold are part of the team, and the firm is a member of the Washington State Association for Justice. Our attorneys have argued at every level of the Washington court system, from district court to the Washington Supreme Court.
We know which records adjusters pull, how claims are valued internally, and when a carrier is bargaining in good faith versus stalling. We prepare every claim as though it will be tried, because insurers pay more fairly when they believe the lawyer across from them will go to court. Our results reflect that approach: a mid-six-figure settlement for a family of five whose minivan was forced into the I-5 center barrier by a semi-truck, a mid-six-figure settlement for an elderly woman struck by a transit bus in a downtown Seattle crosswalk, and more than $1 million for parents whose newborn died after a hospital failed to adequately test for Group B Strep. Every case is different, and past results do not guarantee a future outcome.
Clients consistently describe our team as responsive, honest, and clear about where their case stands. Our case managers return calls and texts promptly. David Mordekhov is fluent in Russian and has represented Russian and Ukrainian speaking families, and Warren Barreiro speaks Spanish. Consultations are free and confidential, and we work on a contingency fee, so you owe no attorney fee unless we recover money for you. If your injuries make travel hard, we will meet you at home or the hospital.
Situations That Lead to UM and UIM Claims in King County
- Hit by a Driver With No Insurance: Some drivers on I-5, I-405, and SR 520 carry no policy at all. Your UM coverage steps in to pay the losses the at-fault driver cannot.
- Underinsured at-fault driver: A driver with a bare-minimum policy can cause injuries that dwarf their limits. UIM coverage fills the gap between what they carry and what your injuries are worth.
- Hit-and-Run Collisions: When the driver flees and cannot be identified, your UM coverage may respond. Police reports, witness accounts, and traffic or business camera footage matter here.
- Motorcycle and Bicycle Crashes: Riders often suffer the gravest injuries and face the sharpest insurer pushback on fault. Cyclists and pedestrians struck by drivers may also look to their own policies.
- Passenger Claims: A passenger may be able to claim under the coverage on the vehicle they rode in, their own policy, or a household policy. Sorting out which applies takes careful review.
- Rideshare and Commercial Vehicle Crashes: When a delivery driver or rideshare operator is involved, several policies may be in play, and deciding which carrier owes what can be contentious.
- Wrongful Death After an Uninsured Driver Crash: Families who lose someone to an uninsured or underinsured driver may be able to pursue available coverage alongside a wrongful death claim.
- Serious Injuries Like TBI: Brain injuries and spinal injuries produce the largest gaps between a driver’s limits and real losses, and insurers often dispute injuries that do not show clearly on a scan.
What to Do After a Crash With an Uninsured or Underinsured Driver
Start with medical care. Get checked the same day, even if you feel fine, because adrenaline hides injuries and gaps in treatment get used against you later. Report the crash to the police agency that covers the roadway where it happened, and get the report number.
Collect what you can at the scene: the other driver’s name, plate, and whatever insurance information they will give you, plus photos and witness contacts. If the driver admits they have no insurance, note it. If they flee, write down everything you remember about the vehicle immediately.
Notify your own insurer promptly, but keep the call short and factual. You are generally not obligated to give a recorded statement to the at-fault driver’s insurer, and you should talk with a lawyer before giving one to anyone. Adjusters ask questions designed to minimize injuries or shift blame, and our attorneys know how those statements get used because they sat on the other side for years.
Watch your deadlines. Washington gives most personal injury plaintiffs three years to file under RCW 4.16.080, and a wrongful death claim runs three years from the date of death. A suit counts as started when you file or serve, so long as the other step follows within 90 days. Your policy may also contain its own notice requirements and claim procedures, so read it or have a lawyer read it early. If a government vehicle or a road defect played a role, a formal claim must be presented first and a 60-day waiting period must pass before suing.
In King County, injury lawsuits are typically filed in King County Superior Court, which sits in Seattle and Kent. People living in Seattle or north of I-90 will probably have matters heard at the King County Courthouse in Seattle, and those south of Seattle and I-90 at the Maleng Regional Justice Center in Kent. Smaller claims can be filed in King County District Court, which handles personal injury damages up to its statutory ceiling. Most UM and UIM claims resolve through negotiation or arbitration without a trial, but how hard we prepare for trial shapes what the insurer offers.
The common mistakes are predictable: accepting a quick check before knowing the full extent of your injuries, stopping treatment early, posting about the crash online, and assuming your own insurer is on your side. It is a business with its own interests in the claim.
How UM and UIM Claims Differ From Ordinary Injury Claims
In a standard claim you pursue the at-fault driver’s insurer. In a UM or UIM claim, the contest is with your own carrier, and the rules are different. Your policy is a contract, so its terms, limits, and conditions control. Washington requires insurers to offer UM/UIM coverage, and it applies unless you rejected it in writing, so check whether you really declined it before assuming you have none.
In an underinsured claim, you generally need to establish that the at-fault driver was negligent, that your damages exceed their coverage, and that your own policy covers the difference up to its limits. Washington follows comparative fault under RCW 4.22.005, so if you share some blame your recovery is reduced by your percentage of fault rather than eliminated. Insurers frequently inflate that percentage, which is one reason a lawyer’s review of the facts pays off.
Damages can include past and future medical care, lost wages and earning capacity, and pain and suffering. Proving the full picture of a serious injury takes medical records, treating-provider testimony, and sometimes vocational evidence. Carriers may also scrutinize your medical history, your treatment gaps, and your social media. Careful documentation from day one keeps those arguments from gaining traction.
Questions About Uninsured and Underinsured Motorist Claims in King County
What is the difference between uninsured and underinsured motorist coverage?
Uninsured motorist coverage applies when the at-fault driver has no insurance, or cannot be identified, as in a hit-and-run. Underinsured coverage applies when the at-fault driver has a policy but its limits are too low to cover your losses. Both are first-party coverages on your own policy.
Do I have UM or UIM coverage if I never bought it?
Possibly. Washington requires insurers to offer it, and it is generally included unless you rejected it in writing. Pull your declarations page and any signed rejection form, or let us review the policy.
How long do I have to bring a claim?
Most Washington personal injury actions must be commenced within three years under RCW 4.16.080. Your policy may impose its own notice requirements, so report the crash to your insurer promptly rather than waiting.
Will making a UM or UIM claim raise my rates?
Many people worry about this, and it is worth asking your insurer directly. Do not let rate concerns keep you from using coverage you paid for. Talk with a lawyer about your specific situation.
Can I still recover if I was partly at fault?
Yes. Under RCW 4.22.005, your compensation is reduced by your share of fault but not barred. If you were 30 percent responsible, you could still recover 70 percent of your damages.
Who pays my medical bills while the claim is pending?
Personal injury protection coverage, included in Washington auto policies unless rejected in writing, can pay medical expenses and some lost wages regardless of fault. Your health insurance may also cover treatment. We coordinate these sources so your bills are handled while the claim moves forward.
What if the driver who hit me fled the scene?
A hit-and-run can fall under your uninsured motorist coverage. Report it to police right away, preserve any video, and tell your insurer. Corroboration of the other vehicle’s involvement is often central to these claims.
Do I have to settle with the at-fault driver before claiming UIM benefits?
Policies often have specific conditions about notice to your carrier and consent before settling with the at-fault driver. Settling without following them can jeopardize your UIM claim, so speak with a lawyer before signing anything.
Can a passenger or pedestrian make a UM or UIM claim?
Often, yes. Passengers may have access to coverage on the vehicle they were in, their own policy, or a household member’s policy. Pedestrians and cyclists struck by an uninsured driver may also be able to use their own coverage. The policy language decides.
Is it worth hiring a lawyer if the other driver has a small policy?
Often it is, because that small policy is exactly what creates the need for UIM coverage. The carrier’s valuation of your injuries and your own recovery depend on how well the claim is built. Consultations are free, and we collect nothing unless we recover for you.
Could the claim go to court even though I am dealing with my own insurer?
Yes. If your carrier will not pay fairly, a lawsuit may be filed against it, and some policies route disputes to arbitration. We prepare each claim for trial from the start, which strengthens our position at the negotiating table.
Do I have to speak with my own insurer’s adjuster?
You must cooperate with your insurer under the policy, but cooperation does not mean volunteering opinions about your injuries or fault. Speak with a lawyer before giving a recorded statement.
Serving UM and UIM Clients Across King County
We represent injured people throughout King County, from Seattle’s neighborhoods to the Eastside suburbs and the communities south of the city. That includes Bellevue, Issaquah, Sammamish, Redmond, Kirkland, Kent, and Renton, with dedicated pages for Bellevue and Renton clients. We also serve people in the wider Puget Sound region who were hurt on the highways that carry King County traffic daily, including I-5, I-90, and I-405.
Whether your crash happened on a downtown Seattle street, a freeway interchange on the Eastside, or an arterial in the South End, we handle uninsured and underinsured motorist claims for car, truck, motorcycle, bus, bicycle, and pedestrian victims. If your injuries make travel difficult, we will come to you at home or the hospital.
Talk With a King County Uninsured and Underinsured Motorist Attorney
When the driver who hurt you cannot pay, your own coverage should step in, but only if the claim is built and pushed properly. Injury Law Group NW brings former insurance defense attorneys to that task, and we treat every claim as a case headed to trial. If you need a King County uninsured and underinsured motorist attorney, call or text us to schedule a free, confidential consultation. We will listen to what happened, review your policy, explain your options, and pursue the compensation you need. We give hope. We get results.
