How Do I Get Compensation If the Other Driver is Uninsured?

You’ve done everything right after your car accident in Tacoma. You called the police, took photos, and exchanged information. But a few days later, you get the dreaded news from your insurance company or the police report: the driver who hit you has no auto insurance.

It’s a moment that can feel incredibly unfair and hopeless. The person responsible for your injuries and the damage to your car has no insurance to pay for the losses they caused. How will your medical bills get paid? Who is going to pay to fix your car? It’s easy to assume you’re simply out of luck.

But in Washington State, that is not the case. You have a crucial safety net built into your own auto insurance policy, specifically designed for this exact situation. It’s called Uninsured/Underinsured Motorist (UIM) coverage, and understanding how it works is the key to your financial recovery.

Useful Information for You: In a Nutshell

• You Must Turn to Your Own Insurance: If the at-fault driver is uninsured, you will need to file a claim with your own insurance company to get compensation.
• UIM Coverage is Your Solution: Your Uninsured/Underinsured Motorist (UIM) coverage is specifically designed to cover your injuries and other damages in this scenario.¹ It steps into the shoes of the missing at-fault driver’s insurance.²
• PIP Coverage is Your First Payer: Your Personal Injury Protection (PIP) will still be the first to pay for your immediate medical bills and lost wages, regardless of the other driver’s insurance status.³
• Collision Coverage Fixes Your Car: If you have collision coverage, it will pay for the repairs to your vehicle, though you will have to pay your deductible.⁴
• You Must Prove Your Case: Even though you are dealing with your own insurer, you still must prove the other driver was at fault and document the full extent of your damages.

Your Primary Tool: Uninsured/Underinsured Motorist (UIM) Coverage

UIM coverage is your most important asset in a crash with an uninsured driver. In Washington, insurers are required to offer you this coverage, and you only go without it if you have specifically rejected it in writing.⁵

How does UIM work?

Think of UIM coverage as a stand-in for the insurance the other driver should have had. It allows you to file a claim with your own insurance company to pay for the damages the at-fault, uninsured driver would have been responsible for.

What does UIM cover?

Your UIM coverage will typically pay for the same things a standard liability claim would, up to the limits of your UIM policy.6 This includes:

• Medical Bills (past and future) that exceed your PIP coverage.
• Lost Wages (past and future).
• Pain and Suffering and other non-economic damages.
• Permanent Disability or disfigurement.

Essentially, it covers all the personal injury aspects of your claim. (Note: UIM Bodily Injury is separate from UIM Property Damage, which is an optional coverage that pays for your car repairs if you don’t have collision coverage).

The Step-by-Step Process After Discovering the Other Driver is Uninsured

1. Confirm their Insurance Status: Don’t just take the driver’s word for it. An official police report or a check by your insurance company will definitively confirm if the other driver was uninsured at the time of the crash.⁷
   
    
2. Open a Claim with Your Own Insurer: You should have already reported the accident to your own insurance company. Now, you need to specifically inform them that the other driver is uninsured and you will be opening an Uninsured Motorist (UIM) claim in addition to your PIP claim.
3. Use Your PIP Coverage First: As always, your PIP coverage is your first line of defense and will pay for your initial medical bills and wage loss promptly.
4. Use Your Collision Coverage for Car Repairs: If you have collision coverage, your insurer will pay to repair your car.⁸ You will likely have to pay your deductible upfront, but your insurer may try to recover it from the at-fault driver later (though this is often difficult).
5. Build Your UIM Claim: This is the crucial part. Even though you are now dealing with your own insurance company, you must treat them like the opposing party. You still need to prove:
   • That the other driver was 100% at fault.
   • The full extent of your injuries and damages through medical records, proof of lost wages, and other documentation.

Your own insurance company will defend the claim just as vigorously as if they were the other driver’s insurer. Their goal is still to pay out as little as possible.

What About Suing the Driver Directly?

While it is legally possible to sue an uninsured driver personally, it is often not a practical solution. A person who drives without insurance typically does not have the personal assets (savings, property) to pay a significant court judgment.⁹ Your UIM claim is almost always the more reliable and effective path to financial recovery.

Being hit by an uninsured driver can feel like a devastating blow, but your responsible decision to carry UIM coverage provides a clear path forward. If you’ve been in an accident with an uninsured driver in the Tacoma area and need to navigate the complexities of a UIM claim, search the Car Accident Lawyer Directory Tacoma. You can find and compare trusted local attorneys who specialize in these cases and can fight to ensure your own insurance company treats you fairly and pays the full compensation you deserve.

References

• Washington State Office of the Insurance Commissioner (OIC) – Uninsured/underinsured motorist (UIM) coverage:The official consumer guide from the OIC, explaining what UIM coverage is, that it’s required to be offered by insurers, and how it protects you.https://www.insurance.wa.gov/what-uninsuredunderinsured-motorist-uim-coverage-and-do-i-need-it
• Revised Code of Washington (RCW 48.22.030) – Underinsured, hit-and-run, phantom vehicle coverage:The official state law that governs underinsured and uninsured motorist coverage in Washington State.https://app.leg.wa.gov/RCW/default.aspx?cite=48.22.030