Uninsured Motorist Claim Lawyer in Kent, WA

Quick Answer: What is an uninsured motorist claim?

An uninsured motorist (UM) claim is filed through your own auto insurance when the at-fault driver has no liability insurance or cannot be identified after a hit-and-run accident.
An underinsured motorist (UIM) claim applies when the at-fault driver’s insurance isn’t enough to cover your losses, allowing you to seek additional compensation through your own policy.
Filing a UM/UIM claim generally involves notifying your insurer promptly, documenting your injuries and damages, and negotiating your claim if the insurer disputes its value.
Deadlines matter. Washington law and your insurance policy may impose different deadlines for pursuing a UM/UIM claim, so it’s important to act quickly to protect your rights.

Khan Injury Law’s Kent office has helped injured drivers throughout Kent Valley, East Hill, West Hill, and Downtown Kent navigate complex uninsured and underinsured motorist claims — including crashes along high-traffic corridors like SR-167, South 212th Street, and Kent Kangley Road.

Don’t navigate this alone. Call our Kent uninsured motorist claim lawyers at (206) 430-6096 or request your free, no-obligation case evaluation online today. You pay nothing unless we win.

What Is an Uninsured Motorist Claim?

An uninsured motorist claim is a claim you file with your own insurance company after you’re injured by a driver who has no insurance, doesn’t have enough insurance, or leaves the scene in a hit-and-run. Like other Washington negligent driving claims, establishing who caused the accident is an important part of recovering compensation.

Uninsured vs. Underinsured Motorist Claims?

Uninsured motorist (UM) coverage applies when the at-fault driver has no liability insurance or cannot be identified after a hit-and-run. Underinsured motorist (UIM) coverage applies when the driver has insurance, but not enough to cover your losses. For example, if the other driver has $25,000 in coverage and your damages total $80,000, your UIM coverage may help pay the difference, up to your policy limits.

Does Washington Require Uninsured Motorist Coverage?

Washington law requires insurers to offer UM/UIM coverage with every auto policy, but drivers may reject it by signing a written waiver. If you never signed a waiver, review your declarations page. It is possible you may already have this valuable coverage without realizing it.

How Much Is an Uninsured Motorist Claim Worth?

How much you can recover from an uninsured motorist claim depends on the extent of your injuries, your losses, and your UM/UIM coverage. While every case is different, compensation may include:

Medical expenses: Hospital bills, surgery, rehabilitation, physical therapy, prescriptions, and future medical care.
Lost wages: Income you’ve already lost, plus reduced earning capacity if your injuries affect your ability to work.
Pain and suffering: Compensation for physical pain, emotional distress, and the impact the injury has on your daily life.
Property damage: Depending on your policy, you may also have coverage for vehicle repairs or replacement.

Your Recovery Is Capped by Your Policy Limits

Your recovery is generally limited by your UM/UIM policy limits. For example, if you have $50,000 in UM/UIM coverage but your damages total $150,000, your policy will typically pay no more than $50,000.

RCW 46.29.090 sets Washington’s minimum liability insurance limits at $25,000 per person, $50,000 per accident, and $10,000 for property damage. If the at-fault driver carries only the minimum required coverage and your injuries exceed those limits, you’ll need to rely on your own UM/UIM coverage to help bridge the gap. Purchasing higher UM/UIM limits can provide significantly more financial protection after a serious accident.

Can You Stack UM/UIM Coverage?

In some cases, more than one UM/UIM policy may apply to your accident, such as when you have multiple insured vehicles or are covered under more than one policy. Whether you can combine, or “stack,” those coverage limits depends on your policy language and Washington law, as many policies include anti-stacking provisions. Before accepting a settlement, have an attorney review all available insurance policies to determine whether additional coverage may be available and maximize your potential recovery.

How to File an Uninsured Motorist Claim in Washington

Filing an uninsured motorist claim means seeking compensation through your own insurance policy. Although you’re dealing with your own insurer, remember that they may look for ways to reduce or deny your claim in order to protect their bottom line.

Step 1 — Notify Your Insurer and Preserve the Claim

Report the accident to your insurance company as soon as possible, since many policies require prompt notice. Take photos of the scene, get a copy of the police report, and collect any available information about the other driver. If you’re asked to provide a recorded statement, consider speaking with an attorney first, so you understand your rights.

Step 2 — Document Your Injuries and Damages

Seek medical treatment right away and follow your doctor’s recommendations. Keep copies of your medical records, bills, lost wage documentation, repair estimates, and any other expenses related to the accident. If your injuries affect your daily life, keep a daily journal to help support your claim.

Step 3 — Negotiate or Arbitrate Your Claim

Once you’ve submitted your claim, your insurer will investigate and determine whether to offer a settlement. If you can’t reach an agreement, your policy may require arbitration to resolve the dispute. If your insurer unreasonably delays, denies, or mishandles your claim, you may have additional legal remedies under Washington law.

Common Mistakes That Can Hurt Your Uninsured Motorist Claim

Even though you’re filing a claim with your own insurance company, mistakes during the process can reduce or prevent your recovery. Here are some of the most common pitfalls to avoid:

Waiting too long to file: Your insurance policy may have strict notice requirements and other deadlines. Waiting too long could put your claim at risk.
Accepting the first settlement offer: Initial offers are often made before you know the full extent of your injuries. Once you accept a car accident settlement, you typically can’t seek additional compensation later.
Giving a recorded statement too soon: What you say can affect your claim. Before providing a recorded statement, consider speaking with an attorney to understand your rights and policy obligations.
Assuming your insurer will protect your interests: Your insurance company may dispute fault, the value of your injuries, or the amount it owes under your policy.
Not reviewing your available coverage: Your policy may include benefits or additional coverage you didn’t realize you had. Reviewing your declarations page with an attorney can help identify every available source of compensation.

When to Hire an Uninsured Motorist Claim Lawyer

Not every uninsured motorist claim requires an attorney. However, if your injuries are serious, your insurer disputes your claim, or the value of your case is significant, working with an uninsured underinsured motorist claim lawyer helps protect your rights and maximize your recovery.

Signs Your Claim Needs an Attorney

You should consider speaking with a lawyer if:

You have serious injuries: You require hospitalization, surgery, or ongoing medical treatment.
Your claim is disputed: Your insurer denies your claim, delays payment, or offers less than your claim is worth.
You were in a complex accident: The crash involved a hit-and-run driver, disputed fault, or multiple vehicles.
You have high policy limits: A larger amount of UM/UIM coverage is available, increasing what’s at stake.

How a Kent, WA UM/UIM Lawyer Can Help

An attorney can review your insurance policy for additional available coverage. They can also communicate with the insurance company on your behalf and negotiate for the full value of your claim. If the insurer acts in bad faith, you may have additional legal remedies under Washington law. At Khan Injury Law, our Washington injury attorneys help clients protect their rights and pursue the compensation they deserve. You pay nothing unless we recover for you.

Kent Uninsured Motorist Claim FAQ Section

What is an uninsured motorist claim?
An uninsured motorist claim is a claim you file with your own insurance company after you’re injured by an uninsured driver or in a hit-and-run accident. Your policy may pay covered damages up to your UM/UIM limits.

How to claim uninsured motorist coverage?
To claim uninsured motorist coverage, report the accident to your insurer promptly, seek medical treatment, document your losses, and provide any required police reports or evidence. An attorney can help if your claim is delayed or disputed.

How long do I have to file an uninsured motorist claim in Washington?
Your policy may have strict notice requirements and filing deadlines, so report the accident as soon as possible. Missing a policy deadline could jeopardize your claim.

How much can I get from an uninsured motorist claim?
How much you can get from an uninsured motorist claim depends on your injuries, damages, and your UM/UIM policy limits. Compensation may include medical expenses, lost wages, pain and suffering, and other covered losses.

Can I file a UM claim if I was hit by a hit-and-run driver?
Yes. Hit-and-run accidents may qualify as uninsured motorist claims if you promptly report the crash and meet your policy’s requirements.

Will filing a UM claim increase my insurance rates?
Not necessarily. Whether your premium changes depends on your insurer, your policy, and the circumstances of the accident.