Detailed Answer

When an at-fault driver has no active insurance on the date of loss, injured parties still have options under Washington law. The primary routes are your own policy’s uninsured motorist (UM) coverage, a civil lawsuit against the uninsured driver, and secondary compensation avenues. Below we explain each:

1. File an Uninsured Motorist (UM) Coverage Claim

Washington law requires insurers to offer uninsured motorist coverage for bodily injury and property damage. See RCW 48.22.030 (bodily injury) and RCW 48.22.040 (property damage). If you purchased UM coverage, you can file a claim with your own insurer to cover:

• Bodily-injury losses (medical bills, lost wages, pain and suffering).
• Property-damage losses if you elected property-damage UM (UMPD).

2. Pursue a Civil Lawsuit Against the Uninsured Driver

You can sue the at-fault driver directly in civil court to recover full damages. To do so, you must:

• File a complaint in district or superior court.
• Prove negligence (duty, breach, causation, damages).

Keep in mind uninsured drivers often have limited assets, which can make collecting a judgment challenging.

3. Seek Employer Liability (If Applicable)

If the uninsured driver acted within the scope of their employment, an employer may be vicariously liable. An employer’s commercial auto policy could respond to your claim.

4. Use Crime Victims Compensation (Hit-and-Run or Assault)

In hit-and-run or intentional assault cases, you may qualify for benefits from the Washington Crime Victims Compensation Program. See Crime Victims Compensation for eligibility and application details.

5. Tap Other Coverage Sources

• Your health insurance or government health benefits (Medicare/Medicaid) for medical expenses.
• Medical payments (MedPay) coverage if you purchased it.
• Your own collision coverage for vehicle damage.

By combining these sources, you can minimize out-of-pocket costs when the at-fault driver has no insurance.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.

Helpful Hints

• Review your auto policy declarations page to confirm UM limits and coverages.
• File your UM claim promptly; insurers enforce strict deadlines.
• Document all expenses: medical records, repair invoices, correspondence.
• Consult an attorney experienced in uninsured motorist claims early on.
• Consider small claims court for property damage under $10,000.