Disclaimer: This article provides general information and is not legal advice.
Detailed Answer
Under Washington law, you have multiple paths to learn which insurer covered the at-fault driver when your accident occurred.
1. Request the Official Crash Report
RCW 46.52.020 and RCW 46.52.030 require drivers and law enforcement to exchange and record insurance information at the scene. You can request the motor vehicle crash report from the Washington State Patrol (WSP). That report often lists the at-fault driver’s insurer and policy number.
RCW 46.52.020
RCW 46.52.030
To order online, visit: https://www.wsp.wa.gov/forms/Crashes/CollisionRecordsRequestForm.pdf.
2. Check Your Own Uninsured/Underinsured Motorist Coverage
If the at-fault driver failed to provide coverage details, notify your own insurer. Your uninsured/underinsured motorist (UM/UIM) coverage may apply. After settling your claim, your insurer can pursue subrogation and obtain the at-fault driver’s policy information directly from their insurance company.
3. Use Discovery in a Lawsuit
When you file a personal injury lawsuit, you can use Washington Civil Rules (CR) to compel the at-fault driver to disclose any insurance policies. Initial disclosures under CR 26(f) require parties to identify insurance agreements that might cover liability.
4. Contact the Washington Department of Licensing (DOL)
Under RCW 46.18.200, you may request a driver’s abstract (MVR) from DOL. Although abstracts focus on driving history, they sometimes note suspensions due to insurance lapses or cancellations, which can narrow your search for the insurer.
RCW 46.18.200
Helpful Hints
- Act promptly: Crash report requests and discovery deadlines run on strict timelines.
- Gather accurate details: Have the date, time, location, and driver names ready when ordering reports.
- Keep records of all requests: Save email confirmations, mail receipts, and policy documents.
- Review your own policy limits: Understand how UM/UIM coverage can bridge gaps if the at-fault driver’s insurer is unknown or insolvent.
- Consider legal counsel: An attorney can manage discovery, handle subrogation, and negotiate directly with insurers.