car accidents and uninsured/underinsured drivers
Though car insurance is a requirement in Washington, many drivers are uninsured or underinsured. Contact us about your UM/UIM case.
You never expect the person who crashes into you is gleefully driving around without insurance—and yet, it happens more often than you’d think. One moment you’re dealing with the shock of a collision, and the next, you realize the other driver has no coverage… and suddenly, you’re left holding the bag for damages, medical bills, and missed work. It’s frustrating. It’s unfair. And it’s surprisingly common—even though Washington requires all drivers to carry auto insurance, many hit the road without it anyway. According to recent data from the Insurance Research Council, about 14% nationally, or 1 in 7  drivers nationwide are uninsured. In Washington State, that number is even higher—estimates suggest 16.5% of drivers are uninsured. If you’ve been involved in an accident with an uninsured or underinsured driver, you’re probably wondering: Who’s going to pay for this? What are my options? Do I have to sue? At Abeyta Nelson Injury Law, we’re here to walk you through it. This guide breaks down what to do after a crash, how insurance coverage like UM/UIM and PIP can help, and when it’s time to get legal help. If it feels like no one’s on your side—you haven’t talked to us yet.

What Happens If I’m Hit By an Uninsured Driver?

If you’re hit by an uninsured driver, the situation is more complicated than your typical accident. Here’s why:
  • There’s no insurance company on the other side to handle your damages.
  • You may be stuck paying upfront for medical bills, car repairs, and other costs.
  • You might need to file a lawsuit to recover compensation, which can be a lengthy and uncertain process.
Thankfully, you do have options—especially if you’ve planned ahead with the right insurance coverage.  What do you do if you’re hit by an uninsured or underinsured driver?  Below are some tips which include suggestions from the Office of the Insurance Commissioner of Washington State:

Uninsured and Underinsured Motorist Coverage (UM/UIM)

Not every driver on the road carries enough insurance to cover the damage they cause—or any insurance at all. That’s where Uninsured/Underinsured Motorist (UM/UIM) coverage comes in. In Washington, drivers are only required to carry $25,000 in liability coverage, which often isn’t enough to cover the full cost of a serious accident. If you’re hit by someone with minimal (or zero) coverage, UM/UIM steps in to cover what their insurance can’t.

What UM/UIM Covers:

  • Bodily injuries to you or your passengers
  • Vehicle repairs caused by an uninsured or underinsured driver
UM/UIM is optional in Washington, but your insurer is required to offer it—and we strongly recommend accepting it. It can be the difference between full recovery and paying thousands out of pocket.

A Quick Example:

Let’s say you’re hit by an uninsured driver and your car needs $8,000 in repairs. If you have UIM property damage coverage, it will pay up to the repair amount minus a $100 state-mandated deductible. In this case, your policy would cover $7,900.

Why It Matters:

UM/UIM coverage helps protect you when others don’t take their responsibilities seriously. It fills in the financial gaps so you’re not left scrambling after an accident that wasn’t your fault.

Personal Injury Protection (PIP)

Personal Injury Protection (PIP) is a type of no-fault coverage available through your auto insurance policy that helps pay for accident-related expenses—regardless of who caused the crash.

Who’s Covered?

PIP typically covers:
  • The person named on the policy
  • Household family members (including step and foster kids)
  • Passengers and even pedestrians involved in the accident
To use PIP, the vehicle must be listed on your insurance declaration page.

What Does It Pay For?

Washington’s standard PIP coverage includes:
  • Medical bills: Up to $10,000 per person for care within three years of the crash
  • Funeral costs: Up to $2,000 per person
  • Lost wages: Up to $200 per week for a year (or more with optional upgrades)
  • Lost services: Up to $200 per week to cover things like housework you can’t do due to your injuries
You can increase your limits—some policies go as high as $35,000 in benefits. Contact your insurer if you’re unsure what you have or want to raise your limits.

What’s Not Covered?

PIP doesn’t apply to injuries from:
  • Motorcycles, mopeds, farm equipment, or off-road vehicles
  • Felonies, races, or intentionally caused injuries
  • Medical services deemed unnecessary or unrelated to the accident
And since pricing varies, the cost of PIP depends on your provider and the number of vehicles on your policy.

What to Do If You’re Involved in an Accident With an Uninsured Driver

If you’ve been involved in an accident with an uninsured motorist, follow these steps to protect yourself:

1. Call 911

Always report the accident to law enforcement—especially if someone is injured or if the other driver is uninsured. A police report will be crucial when filing a claim with your own insurance company.

2. Document Everything

Even if the other driver doesn’t have insurance, gather as much information as you can:
  • Name and contact info
  • Driver’s license number
  • License plate number
  • Make and model of their vehicle
  • Witness statements and photos

3. Seek Medical Attention

Even if you feel okay, it’s smart to get checked out. Injuries like whiplash or concussions don’t always show up right away. Your medical bills and treatment notes will also become important evidence later.

4. Notify Your Insurance Company

Let your insurer know you were hit by an uninsured driver. If you have UM/UIM or PIP coverage, you’ll likely need to file under those parts of your policy.

5. Contact a Personal Injury Lawyer

This is where things get complex. A qualified personal injury attorney—like those at Abeyta Nelson Injury Law—can help you:
  • Navigate your insurance coverage
  • Deal with insurance companies
  • Explore whether it’s worth it to file a lawsuit
  • Maximize your compensation

Can I Sue an Uninsured Driver?

Yes, you technically can file a lawsuit against an uninsured driver. But that doesn’t always mean it’s a good idea. Most uninsured drivers don’t have money or assets to go after—which is often why they didn’t have insurance in the first place. Even if you win in court, collecting your judgment could be impossible. Before pursuing legal action, we’ll help you determine whether the other party has any recoverable assets and whether the cost of litigation is worth the potential reward.

What If It Was a Hit and Run?

Getting into a hit and run is one of the most frustrating experiences you can go through. If the other driver flees the scene:
  • Call the police immediately and provide any info you remember (color, make, model, license plate, etc.)
  • Check for surveillance cameras nearby—footage can help track them down
  • File a claim with your auto insurance under your UM/UIM coverage
Washington law treats hit and run drivers similarly to uninsured drivers when it comes to insurance claims. So if you’ve got the right coverage, you may still be protected even if the other driver is never identified.

Hire an Experienced Car Accident Attorney in Yakima

For over 40 years, Abeyta Nelson Injury Law has stood up for injured people across Yakima and Central Washington. If you’ve been in a car accident—especially with an uninsured or underinsured driver—you don’t have to face the aftermath alone. We’ve handled countless cases just like yours. Our team can help you:
  • Understand your policy and insurance coverage
  • File effective claims with your insurer
  • Deal with complex paperwork and insurance companies
  • Fight for fair compensation for your injuries, medical bills, and losses
And we do it all with no upfront fees—you don’t pay us unless we win for you. Call Abeyta Nelson Injury Law at 509-575-1588, or schedule your free case evaluation today!