What To Do If You’re Hit By an Uninsured or Underinsured Driver

Content Legally Reviewed By

Matt Conner

Getting into a car crash is overwhelming enough, but finding out the other driver doesn’t have insurance or doesn’t have enough only adds more stress. Unfortunately, this situation is more common than many people realize. Even though Washington law requires drivers to carry liability insurance, not everyone complies. Some drivers have no insurance, while others carry only the minimum coverage, which may not be enough to cover serious injuries or property damage.

If you’ve been in an accident with an uninsured driver, you may wonder how you’ll pay your medical bills or fix your car. At Brett McCandlis Brown & Conner, our Everett car accident attorneys understand how confusing and frustrating this experience can be. With over four decades of experience, we have helped many Washington residents pursue compensation after being hit by an uninsured or underinsured driver. We’re here to help you understand your rights and take the next step toward financial recovery.

What Should I Do Immediately After the Crash?

Your actions after the crash can significantly impact your safety and any future claims you might file. Here’s what to do:

Call 911. Even if the crash seems minor, it’s essential to get emergency services involved. Police can help secure the scene, check for injuries, and file an official report.
Seek medical attention. See a medical professional as soon as possible, even if you feel okay. Some injuries may take hours or days to show symptoms.
Document the scene. Take photos of the vehicles, your injuries, the road conditions, and anything else that might be helpful later. If there are witnesses, ask for their names and contact information.
Exchange information. If possible, get the other driver’s name, license plate number, and vehicle details, even if they admit they don’t have insurance.
Do not admit fault. It’s best to avoid discussing who was at fault at the scene. Let the police and your attorney handle that later.

Staying calm and focused during this time can help protect your legal rights and strengthen your case.

How Do I Protect Myself If the At-Fault Driver Has No Insurance or Too Little Insurance?

Once you’ve gotten medical help and reported the crash, the next step is to protect your financial interests.

Notify your insurance provider. Let them know you’ve been in a crash, and explain that the other driver may be uninsured or underinsured. Some policies require timely reporting.
Keep all your records. Save medical bills, repair estimates, and any communication with insurance companies.
Don’t give a recorded statement. Cooperating with your insurer is okay, but avoid providing recorded statements until you’ve spoken with a car accident attorney.
Contact a lawyer. If the at-fault driver lacks coverage, your case may be more complicated. A lawyer can explain your rights, review your coverage, and help you pursue any compensation.

Taking these steps early on can help preserve your legal options and put you in a stronger position if you need to pursue compensation through your insurance or a personal injury claim.

Can My Own Insurance Help Me?

Yes, your auto policy may include coverage to help you pay for medical treatment, lost wages, and other expenses.

Uninsured/Underinsured Motorist (UM/UIM) Coverage

UM and UIM coverage are meant specifically for situations where the at-fault driver has no insurance or doesn’t have enough to cover your losses. Although this coverage isn’t required in Washington, insurance companies are required to offer it when you buy a policy.

UM (Uninsured Motorist). Helps when the other driver has no insurance.
UIM (Underinsured Motorist). Applies when the other driver has some coverage, but it’s too low to pay for your full damages.

It’s important to understand that even though you’re filing a claim with your insurer, you may still face resistance. Your insurance company may offer less than you deserve or try to delay your claim. Having an attorney on your side can help level the playing field.

Personal Injury Protection (PIP)

PIP is another type of optional coverage in Washington. It can cover:

Medical and hospital benefits up to $10,000,
Lost wages up to $10,000,
Funeral expenses up to $2,000, and
Household services up to $5,000.

PIP pays out regardless of who caused the crash. So, while you wait for other claims to be resolved, you can get immediate help with expenses.

What Can I Do If I Don’t Have UM/UIM Motorist Coverage?

If you don’t carry UM or UIM coverage and the at-fault driver has no (or inadequate) insurance, your options to recover damages become more limited but not impossible.

You can file a personal injury lawsuit directly against the at-fault driver. In this case, you would need to prove:

The other driver had a duty to drive safely (which all drivers do);
The other driver breached this duty;
Their breach caused the crash; and
You suffered damages as a result (medical costs, lost wages, pain, and suffering).

The problem with suing an uninsured or underinsured driver is that many have few assets or financial resources. Even if you win a court judgment, the other party may be unable to pay.

How Can a Lawyer Help After You Are Hit by an Uninsured or Underinsured Driver?

Car accident claims are complex, even more so when the at-fault driver isn’t adequately insured. Working with a skilled attorney can help you:

Review your policy and explain your coverage,
File UM/UIM or PIP claims correctly and on time,
Negotiate with your insurance company, and
Explore other legal avenues.

At Brett McCandlis Brown & Conner, we’ve spent decades helping injured clients across Washington understand their rights and recover the compensation they need. Whether negotiating with insurance companies or filing a lawsuit on your behalf, we’re committed to fighting for the best outcome possible.

Speak to Our Seasoned Attorneys If You Were Hit By an Uninsured Driver or an Underinsured Driver

Dealing with the aftermath of an accident is difficult, but you don’t have to go through it alone. At Brett McCandlis Brown & Conner, we understand how insurance claims work, where to find hidden coverage, and how to protect your rights when others won’t. With over $100 million recovered for injured clients and a strong reputation across Washington, we’re ready to stand by your side.

Our lawyers are open, honest, and easy to talk to. Contact us today to schedule your free consultation. Whether you were hit by an uninsured driver or hit by an underinsured driver, we’re here to help you take the next step toward recovery.

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.

Learn More About Matt