Washington Uninsured & Underinsured Motorist Attorney
Washington drivers who get hit by someone with no insurance, or with a policy far too small for the damage, face a decision that most people never see coming: do you go after your own insurance company? Washington uninsured and underinsured motorist claims are the way to do that, and Injury Law Group NW handles them for injured people across Issaquah, King County, the Eastside, and the greater Seattle area.
The twist is that your own carrier becomes the opposing party. The company that has collected your premiums for years now has a financial reason to question your injuries, argue about fault, and pay as little as it can. How you handle the first few weeks, including what you say to adjusters and what coverage you already hold, shapes everything that follows.
Washington requires auto liability policies written for vehicles registered or principally garaged here to include underinsured motorist coverage, covering underinsured, hit-and-run, and phantom vehicle situations, unless the named insured rejects it in writing. Many drivers carry it without knowing, and many are never told how much it can matter.
How Washington Defines an Underinsured Vehicle
The statutory definition is broader than most people expect. A vehicle is underinsured if it has no applicable liability policy at all, or if the combined liability limits that apply are lower than the damages you are legally entitled to recover. That second prong is the one that catches serious injuries. A driver who carries minimum limits can cause a spinal fracture, a brain injury, or months of lost work, and the gap between what that driver’s policy pays and what your injuries are worth is what your own coverage is designed to fill.
Unless you rejected or reduced it, the coverage you hold is generally the same amount as your own liability limits, apart from property damage. So the limits you chose years ago, often without much thought, now set the ceiling on this part of your recovery.
Two exceptions are worth knowing. The required offer of this coverage does not extend to umbrella or excess policies that sit on top of the insurance directly covering the vehicle. And the mandatory-coverage rule does not apply while you are operating or riding a motorcycle or motor-driven cycle; for those, insurers must give the buyer an opportunity to reject the coverage, so whether a rider has it depends on what was purchased or declined.
Why Choose Injury Law Group NW for Your Uninsured and Underinsured Motorist Claim
Injury Law Group NW is a personal injury firm serving King County and communities across Washington, representing people hurt in car, truck, and motorcycle crashes, bus accidents, and other collisions caused by someone else’s negligence. Our attorneys spent decades defending insurance companies before they began representing injury victims, and that history matters in a claim where the insurer across the table is your own.
Founding Partner Troy Hunter spent 16 years in insurance defense litigation, mostly as a partner at Floyd, Pflueger & Ringer, and also serves as a dispute mediator. Attorney David D. Mordekhov spent two decades at Gardner Trabolsi & Mordekhov trying wrongful death, catastrophic injury, and product liability cases. Troy and David are both 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 complete 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.
That experience shows up in results. We obtained a mid-six-figure settlement for a family of five whose minivan was forced into the I-5 center barrier by a semi-truck, and a mid-six-figure settlement for an elderly woman struck by a transit bus in a downtown Seattle crosswalk. Past results do not guarantee a future outcome, but they reflect how we prepare: every claim is built as though it will go to trial, because insurers pay more fairly when they know the lawyer across the table is ready to try the case.
Clients tell us they value fast responses and honest communication, and our case managers return calls and texts promptly. We offer free, confidential consultations and work on a contingency fee basis, 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 at the hospital. David Mordekhov is fluent in Russian and Warren Barreiro speaks Spanish.
Crash Situations That Trigger Uninsured and Underinsured Motorist Claims
- Driver With No Insurance: The at-fault driver has no liability policy at all. Your own underinsured coverage steps in, subject to the limits you carry and any written rejection on your policy.
- Minimum-Limit Policy, Serious Injuries: The at-fault driver is insured, but the combined limits fall short of your damages. Surgery, long rehabilitation, and lost earning capacity can exhaust a small policy quickly, particularly after a high-speed crash on I-90, I-405, or I-5.
- Hit-and-Run Drivers: The other driver flees and cannot be identified. Washington’s required coverage extends to hit-and-run situations, and your own policy language and the evidence of what happened will drive the claim.
- Phantom Vehicles: A car forces you off the road or causes a chain reaction and never makes contact. These claims turn on witness statements, scene evidence, and how your insurer reads its notice and proof requirements.
- Passengers and Occupants: If you were riding in someone else’s car, coverage questions can involve both the driver’s policy and any policy of your own. Sorting out which applies, and in what order, is a real part of the work.
- Rideshare Trips: The primary policy required for a transportation network company vehicle must carry underinsured motorist coverage of $100,000 per person and $300,000 per accident from the moment a passenger enters until the passenger exits.
- Motorcycle Riders: Because the mandatory-offer rule does not cover motorcycles, a rider’s coverage depends on whether it was bought or rejected. Checking the policy declarations is the first task.
- Workplace Driving Crashes: If you were hurt on the job, workers’ compensation may be involved. Underinsured motorist recoveries fall under the third-party recovery rules in chapter 51.24 RCW only when the policy owner is your employer, and loss of consortium is excluded from what counts as a recovery.
What to Do After a Crash With an Uninsured or Underinsured Driver
Start with medical care and the police report. Call 911, get evaluated even if you feel fine, and make sure a report is filed by the responding agency, whether that is the Washington State Patrol or a local department. Brain injuries and soft tissue injuries often show symptoms days later, and a gap in treatment gives your insurer an argument.
Collect the other driver’s name, plate, and any insurance information they offer, plus witness contacts and photographs. If the driver fled, note everything you remember about the vehicle and ask nearby businesses whether they have camera footage. Footage is often overwritten quickly.
Then pause before talking to any insurer on a recorded line. Report the crash to your own carrier as your policy requires, but keep it factual. You are generally not required to give a recorded statement to the at-fault driver’s insurer, and adjusters ask questions designed to minimize injuries or shift blame. Our attorneys spent years on the defense side and know how those statements get used.
Do not sign a release or accept a policy-limits payment from the at-fault driver’s insurer without having a lawyer review it. Settling with the other driver can affect your underinsured claim against your own carrier, and the order of those steps matters. Notify your own insurer and learn exactly what your policy requires before anything is signed.
On deadlines, most Washington personal injury lawsuits must be filed within three years under RCW 4.16.080. If a city, county, school district, or other local government body is involved, such as a dangerous road condition that contributed to the crash, a formal claim must be presented first and 60 calendar days must pass before suit can be filed. State agencies have a parallel claim process through the Office of Risk Management. Your policy may also set its own notice and suit-filing terms, so read it or have us read it. Cases that go to suit are heard in King County Superior Court, which sits in Seattle and at the Maleng Regional Justice Center in Kent; smaller claims fall within district court jurisdiction, including the East Division locations in Bellevue, Issaquah, and Redmond.
Decisions That Shape the Outcome of an Underinsured Claim
Several choices come up early, and each one has consequences. The first is whether to settle with the at-fault driver for their policy limits. Taking those limits is often a necessary step before your own coverage applies, but doing it carelessly, without notice to your insurer and without preserving your rights, can create problems. We sequence these steps deliberately.
The second is how to document the full value of your injuries. Underinsured motorist coverage pays what you are legally entitled to recover from the at-fault driver, so the claim is measured the same way a claim against that driver would be: past and future medical care, lost wages and earning capacity, and pain and suffering. For brain injuries and other conditions that do not show clearly on a scan, that means building medical and vocational evidence before the insurer frames the story for you.
The third is fault. Washington follows pure comparative fault, so your recovery is reduced by your percentage of responsibility but never barred. There is no 50 or 51 percent cutoff. Adjusters often overstate an injured person’s share of blame, and in an underinsured claim your own insurer has that incentive too.
The fourth is whether and when to file suit. Many claims resolve through negotiation, but a carrier that sees a lawyer unafraid of trial tends to value a claim differently. Troy Hunter’s work as a mediator and the firm’s trial experience both inform that call.
Questions About Washington Uninsured and Underinsured Motorist Claims
Do I have underinsured motorist coverage on my Washington auto policy?
Probably, unless you rejected it. Washington requires insurers to include underinsured, hit-and-run, and phantom vehicle coverage in auto liability policies issued for vehicles registered or principally garaged in the state. A named insured or spouse can reject it, but only in writing. Your declarations page and any signed rejection form will tell the story.
How much coverage will I have?
For bodily injury, the required coverage matches your third-party liability limits unless you rejected all or part of it. Property damage is treated separately. If you chose low liability limits, your underinsured limits are likely low too.
What counts as an underinsured vehicle?
A vehicle with no applicable liability bond or policy, or one whose combined applicable liability limits are less than the damages you are legally entitled to recover. The comparison is against your actual damages, not a fixed dollar figure.
Will my own insurance company really fight me?
It can. In these claims your insurer steps into the position of the at-fault driver’s insurer, and it may dispute fault, causation, treatment, and value. Having a lawyer who understands how claims are valued internally helps you meet that process on equal footing.
Does the three-year deadline apply to my claim against my own insurer?
Three years under RCW 4.16.080 is the general rule for personal injury actions in Washington. Your policy can contain its own notice requirements and conditions, so do not wait until the limitations period is nearly over. Notice to your carrier should happen early.
What if the at-fault driver fled and I never find them?
Hit-and-run coverage exists for exactly this. The evidence you gather quickly, including the police report, witness accounts, scene photos, and any nearby camera footage, matters a great deal.
Can I still recover if I was partly at fault?
Yes. Washington’s pure comparative fault rule reduces your award by your percentage of fault but does not bar recovery. If you were 30 percent responsible, you could still recover 70 percent of your damages.
Will my health insurance or PIP pay my bills while the claim is pending?
Often, yes. Personal injury protection coverage is part of Washington auto policies unless rejected in writing, and it can pay medical expenses and some lost wages regardless of fault. Health insurance may also cover treatment. We coordinate these sources so bills are handled while the larger claim develops.
Is it worth hiring a lawyer if the at-fault driver’s policy is small?
Often it is, because a small policy is precisely what makes underinsured coverage relevant. The at-fault policy may be paid out quickly, but the larger recovery may lie in your own coverage, where the rules are more technical and the insurer is motivated to minimize payment. Our consultation is free, and you owe no fee unless we recover.
What if I was hurt in a rideshare vehicle?
Washington requires the primary policy for a transportation network company vehicle to carry underinsured motorist coverage of $100,000 per person and $300,000 per accident, applicable from when a passenger enters until the passenger exits. Which policy applies depends on the status of the trip, so we examine the records early.
I was hurt in a work-related crash. Does workers’ compensation change things?
It can. An injured worker may elect to pursue a third party who is not in the same employ, and the department or self-insurer has a statutory interest in recovery. Underinsured motorist damages are subject to chapter 51.24 RCW only when the policy owner is the worker’s employer. These interactions affect how much you keep, so they should be reviewed before any settlement.
How long does an underinsured motorist claim take?
It varies with injury severity, how long treatment lasts, and how much the insurer disputes. Claims involving ongoing treatment generally should not settle until the medical picture is clear, because accepting too early can leave future care unpaid.
Serving Uninsured and Underinsured Motorist Clients Across King County and Washington
Injury Law Group NW represents injured drivers, passengers, cyclists, and pedestrians throughout King County and the Eastside. From Issaquah and Sammamish through Bellevue, Redmond, and Kirkland, we handle claims arising from crashes on I-90, I-405, and the surface streets that connect these communities. We also serve clients in Seattle, Kent, and Renton, and across the greater Seattle area and the Puget Sound region.
Whether your crash happened on a freeway or a neighborhood street, and whether the other driver stayed or fled, we work with clients across Washington on claims against both at-fault drivers and their own insurers. If your injuries keep you from traveling, we will come to your home or the hospital at a time that works for you.
Talk With a Washington Uninsured and Underinsured Motorist Accident Attorney
If another driver left you with injuries and too little insurance to cover them, call or text Injury Law Group NW to schedule a free, confidential consultation with a Washington uninsured and underinsured motorist accident attorney. We will review your policy, explain what coverage is available, and tell you plainly what a fair recovery looks like. You pay nothing unless we recover money for you. We give hope. We get results.
