Can you sue an uninsured driver in Washington state?

Asked by: Molly Crist  |  Last update: June 22, 2025
Score: 4.7/5 (22 votes)

Washington's financial responsibility law requires uninsured drivers and vehicle owners to be responsible for collision damages if there is a reasonable possibility that a court will make a judgment against them.

What happens if the person at fault in an accident has no insurance in Washington?

1) You were an uninsured driver, and at fault.

Without the protection of insurance, you are placed in a vulnerable situation. The injured party may obtain a court judgment against you. He or she can use the judgment to garnish your wages and paycheck and put the judgment against your home.

Is it worth suing an uninsured driver?

Suing the uninsured driver might not be worth it unless they are financially capable of satisfying a judgment. After a crash with an uninsured or underinsured driver, contact a car accident lawyer about your legal options.

What happens if you drive without insurance in Washington state?

If you drive your car without purchasing the required insurance, you could receive a fine of $550 or more. If you're at fault in a collision and don't have insurance, your license may be suspended if you fail to pay the resulting damages and/or injuries.

Am I covered against uninsured drivers?

If you cause an accident and you have a comprehensive Car Insurance policy, the cost of repairing both your car and the uninsured driver's car is covered. If you only have third-party insurance, you'll have to pay for any repairs to your own car yourself, but the uninsured driver's car will still be covered.

Is Uninsured Motorist Required in Washington State?

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How do I protect myself from uninsured drivers?

One of the best ways to protect yourself from uninsured and underinsured drivers is to be sure you have enough of the right coverage, including uninsured and underinsured coverage, and high enough limits yourself.

What is considered an uninsured driver?

An uninsured motorist is someone without auto insurance. Chances are about one in seven drivers in the U.S. is uninsured, according to a 2011 estimate by the Insurance Research Council. Uninsured motorist coverage helps you pay for damages caused by a driver who doesn't have car insurance.

Do insurance companies go after uninsured drivers?

While insurance companies may pursue uninsured drivers to recover claim costs, the process can be complex and time-consuming. Uninsured drivers involved in accidents should seek legal counsel promptly to protect their rights and explore possible compensation avenues.

Is it illegal to drive without insurance in WA?

It's mandatory in Western Australia. You pay for this as part of your car registration with the Department of Transport, so it's not something you purchase separately.

Is Washington a no-fault state?

Washington State is not a no-fault state; it follows a tort system. This means the driver who is at fault in an accident is responsible for paying compensation through their insurance to those injured. In other words, fault determines who pays.

Can I sue if I didn't have insurance?

The fact that you don't have car insurance doesn't mean you are automatically responsible for the accident. Sure, it's against the law to drive without insurance, but you can still sue when you're injured by another driver in most states.

What happens to uninsured drivers involved in accidents?

If the uninsured driver is found to be at fault for a collision, they may be held personally responsible for payment of any damages. If they cannot afford to pay for repairs, then the vehicle owner may have to pay out of pocket.

Is it worth suing someone with no money?

Essentially, you might think suing someone with no money is futile, but that's not the case. The law protects your rights and allows you to seek compensation if someone causes you harm or loss, regardless of their financial status.

Can I be sued for a no-fault car accident?

The insurance contracts in no-fault states ensure coverage no matter who bears responsibility for the car accident. Generally, all parties in the accident may receive funding to help them recover, thus limiting the option for a driver to be sued for a no-fault accident.

What to do after a car accident not your fault in Washington state?

Steps to Take After a Car Accident That's Not Your Fault
  • Get Medical Help.
  • Contact Law Enforcement.
  • Gather Witness Information.
  • Research State Laws and Insurance Coverage.
  • Notify Your Insurance Company.
  • Discuss Suing the Other Driver's Insurance Company.

Which is better, a collision or an uninsured motorist?

Deductible Comparison: UMPD generally has a lower deductible compared to collision coverage. This can be beneficial in reducing immediate out-of-pocket costs. Broader Coverage: UMPD can cover not just your vehicle but also other property, such as a fence or a garage, if damaged by an uninsured driver.

What happens if I'm hit by an uninsured driver?

The MIB is a fund that all insurance providers pay in to using money from your premium. The fund provides compensation if you've been hit by an uninsured or untraceable driver (for instance if the other driver didn't stop).

How many uninsured drivers are there in WA?

Of the 4.4 million drivers in Washington state, nearly one-fifth, or approximately 750,000 drivers, are uninsured. Those numbers mean Washington has the 5th highest percentage of uninsured drivers in the U.S., according to the Insurance Information Institute.

How long can a car be unregistered in WA?

You cannot drive your vehicle on the road. You have three months from the expiry date to renew your vehicle licence without the need to return the plates and have the vehicle inspected.

Can an insurance company sue an uninsured driver?

Insurance companies have the right to pursue compensation from an uninsured driver through subrogation. However, the company only seeks reimbursement for the amount paid through your coverage. Unfortunately, this can leave victims of car accidents without the compensation necessary to recover fully.

What happens if you don't have an uninsured motorist?

Without uninsured motorist coverage, if you're injured or your vehicle is damaged in an accident with an uninsured or underinsured driver, you could end up paying for medical bills or vehicle repairs out of your own pocket.

What is the deductible for uninsured drivers?

The amount of your UMPD deductible will vary based on your state. It usually falls in between $100-$1,000. Note that some states may have a separate deductible for hit-and-run claims. You may not have the option to choose your deductible amount for UMPD coverage.

Why are there so many uninsured drivers?

Reason 1: They Can't Afford it

Putting aside a situation where you get into an accident and have to pay out of pocket for repairs and medical bills (yours or others involved), driving uninsured also carries steep fines and a loss of your license. You also may be surprised by how affordable car insurance can be.

Why would someone drive without insurance?

The top reason is that people claim they can't afford car insurance. There are others who could technically afford it but do not want to pay for it. They are just trying to cut costs, they think insurance is too expensive, and they decide to risk it and drive without insurance to save money in the short term.

What to do if insurance is avoiding you?

Your Best Bet Is to Get a Lawyer. When insurance companies ignore you or possibly use other bad-faith tactics with your claim, it's best to get an attorney involved.