Did you know Washington state has one of the highest uninsured motorist rates in the country? Your chance of being involved in a car accident with an uninsured or underinsured motorist in Yakima, Washington is between 50-60%. This can have serious financial and health implications for accident victims or loved ones left with serious injuries, and for those involved in wrongful death or hit-and-run accidents.  For more than 45 years, the uninsured or underinsured motorist lawyers at Abeyta Nelson Injury Law have been offering clients free case evaluations and advice on filing a claim. Contact our award-winning car accident attorneys today for legal advice regarding your potential auto accident case, or complete our online contact form. Send us a message or give us a phone call at 509-575-1588 to get started now.

Your UIM Case Deserves Beneficial Results 

For the best case results, consult an attorney with expertise in handling uninsured/underinsured motorist cases.  Abeyta Nelson has handled UM/UIM cases for 45 years, so contact the legal team with experience. 

Common Issues Related to Uninsured or Underinsured Accidents

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Getting into an accident with an uninsured or underinsured driver adds to the stress of an already difficult situation. The challenge of dealing with physical recovery, medical expenses, lost wages and property damage are further compounded by determining who was at fault.  Common issues can include:

  • Fighting with your own insurance company who may dispute the claim, or offer a lower settlement than you deserve
  • Dealing with inadequate insurance coverage limits, especially if the other party is uninsured and lacks assets to pay for the damages 
  • Determining whether the other driver is truly underinsured
  • Victims paying for medical expenses themselves

Accidents involving uninsured or underinsured drivers are often complex and time-consuming, requiring an experienced car accident attorney like those at Abeyta Nelson.  Contact us today to discuss your UIM case and let us handle the rest. 

Why Is Insurance So Important?

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In the state of Washington, anyone who drives a motor vehicle must follow the mandatory auto insurance law by purchasing liability coverage. This type of auto insurance pays medical expenses, property damage or other costs resulting from a vehicle accident that is your fault, or the fault of your family member who may be driving at the time. Your own liability insurance essentially covers the other party, if the auto accident is your fault. Those who drive without insurance and get into a car accident put themselves at financial risk and may lose their ability to drive with a license. But they also put everyone else on the road at risk by not being able to pay for losses if they’re in a car crash. Our car accident attorneys know insurance limits, and what it takes to protect you and your family. 

What Happens Based on Your Insurance Status

I’m Insured, They Aren’t

When another driver injures you who does not have insurance or does not have enough insurance, you need an additional source of protection and compensation for you and your loved ones, which is separate from your liability insurance policy. Underinsured or Uninsured Motorist Coverage (UIM Coverage), protects you, your loved ones, and anyone in your vehicle if you’re involved in an auto accident with a driver who either has no insurance, or who has some insurance coverage, but not enough to fully compensate you for your bodily injuries. A UIM insurance policy provides a source of compensation and protection in the absence of the at-fault driver’s insurance.

I’m Uninsured, They Are

If you’re in an accident and lack auto insurance, were not at fault, and the other party is insured, you can still file a claim against the other party’s insurance company. The other party must cover your medical expenses, property damage and lost wages if they are considered to be at fault.  However, if you are uninsured and at fault, you will be held accountable for damages. In either case, uninsured drivers in Washington state face fines and license suspension for driving without insurance.

Both Drivers are Uninsured

An accident involving uninsured drivers will result in both parties being liable for, and therefore, responsible for paying their own damages. Drivers with health insurance may be able to get medical expenses paid, but some may have to be paid out-of-pocket. Further, since it is illegal in Washington state to drive without insurance, both parties will also face legal penalties, like fines or license suspensions, if they’re in an accident without insurance.

Determining Liability in Yakima County

Determining liability in a car accident with an uninsured or underinsured driver in Yakima aligns with the state’s fault-based system, holding whomever caused the accident responsible for damages. Although Washington state law requires a minimum amount of liability insurance for auto accidents, many still drive without it, or too little. In Yakima County, as many as 33% of drivers have no insurance on their vehicle, and another estimated 33% carry only the minimum amount of insurance required. That means if you’re involved in a car crash, your risk of getting into an accident with an uninsured or underinsured driver is higher than in other counties, and recovery for financial compensation generally shifts to your own insurance policy’s UM/UIM coverage. When in doubt, purchase more insurance than you think you might need, to ensure you and your family are adequately covered.  

How To Get Financial & Medical Recovery After a Crash

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Whether you’re in an accident with an insured, uninsured or underinsured driver, it’s critical to act quickly after a car crash. First, check on all accident victims and call 9-1-1 immediately to ensure a thorough medical examination is conducted. The after-accident exam will create a medical record for you or your loved ones, documenting any injuries, medical treatment provided, as well as any recommendations for an ongoing treatment plan.  

Second, it’s important to ensure that a police report is completed at the scene of the accident. Take photos of the scene to document position of the vehicles, license plate numbers and any obvious injuries.  Exchange names and insurance information with the other party involved in the accident. Careful preservation of evidence at the accident scene, as well as medical documentation will help build a strong case and improve your chances of a financial and physical recovery.  

Know Your Legal Rights

If you’re involved in a car accident involving an uninsured or underinsured driver, one of the best ways to protect your rights is to document the details of the accident from the moment it occurs. There are key pieces of evidence to gather after an accident which will strengthen your case, including:

  • Photos documenting the scene, i.e., position of the vehicles after a crash
  • Photos documenting property damage
  • Photos documenting any physical injuries visible at the scene
  • License plate numbers
  • Contact information of any eye witnesses who saw the accident
  • Contact information of the at-fault party
  • Contact information for either party’s insurance company (if any)

After an accident, it is within your legal rights to file a claim with your own insurance, file a claim against the at-fault driver for any damages, and to recover financial losses due to property damage. In addition, you have the legal right to challenge settlements from your own insurance company that are inadequate. Contact the attorneys at Abeyta Nelson Injury Law today to discuss your rights. 

When To Consult a Personal Injury Attorney

Before agreeing to settle any car accident claim, including with your own insurance company, talk with an experienced uninsured motorist lawyer. An experienced personal injury lawyer can advise you as to whether you have an underinsured motorist claim. Additionally, pursuing a claim under your own insurance should not cause your rates to go up when the car accident isn’t your fault. As with any accident or injury claim, time is of the essence. Contact a personal injury attorney like those at Abeyta Nelson Injury Law as soon as possible after you’re hurt so we can get to work building a strong legal case for you.