Hit-and-Run in Washington: What to Do and How You Get Paid - Brett McCandlis Brown & Conner PLLC.

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Matt Conner

A hit-and-run can be very frustrating. Someone else caused the crash, but you may initially have to deal with medical bills, missed work, and a damaged car. If you are hit by a driver who speeds away, you might have two big questions right away: What to do after a hit-and-run in Washington? And who will pay for the damage if the other driver is never found?

If you are involved in a hit-and-run accident in Washington, start by moving to a safe place, checking for injuries, and calling 911 if needed. Once you are safe, try to gather as much information as you can. This includes details about the car that left the scene, photos or videos of the area, your injuries, witness contact information, and any nearby security cameras.

Make sure to report the accident to the police right away and file any required collision reports. Taking these steps can make a big difference in your ability to get compensation, especially since Washington has special rules for cases involving unidentified or “phantom” vehicles.

Just because the other driver is gone does not mean you cannot getcompensation. Your own uninsured/underinsured motorist coverage may substitute for insurance that should have been available from the fleeing driver. PIP may begin paying qualifying injury-related expenses without waiting to identify the driver or determine fault. Collision coverage may help address vehicle damage. The exact benefits available depend on your policy and the circumstances of the crash.

The most important steps are to keep any evidence, file the required reports, and find out what coverage you have. Our Seattle hit-and-run injury lawyer at Brett McCandlis Brown & Conner PLLC can help you understand what to do after a hit-and-run in Washington to make a strong hit-and-run injury claim.

What Information Do I Need When Reporting a Hit-and-Run in Washington?

When reporting a hit-and-run in Washington, give law enforcement as much accurate information as you can. Even if you did not see or remember everything, provide whatever details are available, including:

Location of the crash;
Date and approximate time;
Description of what happened;
Whether anyone was injured;
Make and model of the fleeing vehicle, if known;
Vehicle color;
Full or partial license plate number;
Visible damage to the fleeing vehicle;
Distinctive stickers or markings; and
The direction the vehicle was traveling when it left the scene.

You should also provide your own identifying and insurance information when requested and tell police about any witnesses, photographs showing the point of impact, videos, dashcam footage, or nearby surveillance cameras that may have captured the collision. Do not delay reporting the crash simply because you are missing information about the fleeing driver. You can report what you know.

State law requires an officer who is at the scene or has facts concerning an accident to prepare a report as fully as the facts in the officer’s possession permit. While law enforcement may also investigate and document evidence for criminal and traffic violations, you should take reasonable steps to gather and preserve evidence to support your hit-and-run claim, as police may not document every detail needed for your specific case.

Do I Need to File a Collision Report After a Hit-and-Run?

If you or a loved one were injured in a hit-and-run, do not assume that calling the police automatically satisfies every reporting obligation. Find out whether an officer actually investigated the collision and filed a report. If law enforcement investigates the collision, the investigating officer generally files the collision report.

If no officer investigates, an involved driver generally must submit a motor vehicle collision report within four days when the crash meets Washington’s reporting requirements, including injury or at least $1,000 in damage to any one person’s property. The report is submitted through the appropriate local police, county sheriff, or Washington State Patrol (WSP). WSP provides an online system for drivers to submit the report. It is not directly filed with the state’s Department of Licensing.

Who Pays When the Hit-and-Run Driver Is Never Found?

Whether you can get compensation after a hit-and-run accident in Washington depends on whether the driver is found and what insurance you have. If the driver is identified, you might be able to claim compensation through their liability insurance or directly from them. If the driver is not found, your uninsured or underinsured motorist (UM/UIM) coverage may help pay for injuries and property damage. By law, Washington insurers generally must include UM/UIM coverage, but you can choose to reject some or all of it in writing.

When Can I Use Uninsured/Underinsured Motorist Coverage After a Hit-and-Run?

In Washington, you may be able to use uninsured/underinsured motorist (UM/UIM) coverage after a hit-and-run when the at-fault driver leaves the scene and cannot be identified or when the driver is later identified but has no insurance or insufficient insurance to cover your legally recoverable damages. Washington law requires auto insurers to provide UM/UIM coverage for damages caused by underinsured, hit-and-run, and phantom vehicles unless the named insured rejects some or all of the coverage in writing.

UM/UIM coverage can potentially compensate you for bodily injuries and, if included in your policy, damage to your insured vehicle. Your particular benefits and limits depend on the coverage you purchased and the terms of your policy. Washington’s Office of the Insurance Commissioner specifically states that UM/UIM coverage may help pay for injuries and damage resulting from a hit-and-run accident.

UM/UIM coverage can also apply when a vehicle causes you to crash without actually hitting your vehicle. Washington calls this a “phantom vehicle” claim. For example, another driver might force you off the road and then leave without making contact. For a phantom vehicle claim, state law requires the facts of the accident to be supported by competent evidence other than the testimony of the insured or another person making a UM/UIM claim, and the accident must be reported to the appropriate law enforcement agency within 72 hours.

If there is a dispute about whether UM/UIM coverage applies or how much the insurer should pay, our Washington personal injury attorneys at Brett McCandlis Brown & Conner can review the policy, evidence, and damages and help you pursue the available insurance benefits.

Can Personal Injury Protection (PIP) Help After a Hit-and-Run?

If your policy includes personal injury protection (PIP), it can help cover accident-related losses, regardless of who was at fault. Depending on your coverage, PIP can help with medical and hospital bills, lost wages, loss-of-services expenses, and funeral expenses.

For example, Washington’s standard PIP benefits include up to $10,000 per injured person for medical and hospital expenses within three years of the accident. Higher coverage amounts are also available if you choose them. Insurers must offer it, but you may decline it in writing. After a hit-and-run, ask your insurance company to confirm in writing whether your policy includes both PIP and uninsured or underinsured motorist coverage, and what the coverage limits are.

If you have collision coverage, it may also help pay for damage to your vehicle.

How Long Do I Have to Act After a Hit-and-Run?

Washington generally provides a three-year statute of limitations for personal injury lawsuits. If you do not file a lawsuit within this time frame, you may lose your right to do so. But having three years does not mean you should wait to notify your insurer or begin pursuing your claim. Insurance policies have their own claim procedures and notice rules.

What Happens If Police Find the Driver Who Fled?

Leaving the scene of a collision can carry serious criminal consequences in Washington. A driver involved in a collision resulting in injury or death generally must stop, remain at the scene, provide required identifying and insurance information, and render reasonable assistance to an injured person.

When a driver unlawfully leaves the scene of an accident involving injury, the offense is a Class C felony. When the accident results in death, it is a Class B felony. Leaving after a collision involving only damage to an attended vehicle or other property is a gross misdemeanor.

Under Washington’s general sentencing statute, a Class C felony carries a statutory maximum of five years’ confinement and/or a $10,000 fine; a Class B felony carries a statutory maximum of ten years and/or a $20,000 fine. A gross misdemeanor can carry up to 364 days in jail and/or a $5,000 fine. Criminal penalties are separate from your claim for compensation. Actual punishment depends on the offender’s criminal history score under Washington’s Sentencing Reform Act, as well as other case details.

Can a Lawyer Help Me Understand How to Get Compensated for a Hit-and-Run?

Compensation for your hit-and-run injury claim depends on the details of the crash, your insurance coverage, policy rules, proof of damages, and whether the other driver is found. Our skilled and compassionate team at Brett McCandlis Brown & Conner can help you by evaluating the police report, any evidence, and your insurance policy, and dealing with insurance disputes, so your focus can remain on your healing.

If you have been injured in a hit-and-run accident in Washington, contact us today. We can help you find possible coverage and explain the deadlines and rules for your claim.

Legal References Used to Inform This Page

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About the Author

Matt Conner

Matt Conner has a proven track record of success. Following his graduation from Willamette University with a double major in mathematics and economics, Matt worked as an economist for the Office of Economic Analysis for the State of Oregon before moving onto working in mortgage banking and real estate. Although Matt would move on to law school shortly thereafter, his experience in the financial sector has provided him with valuable experience in how to achieve maximum compensation for his clients.

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