1. What is uninsured and underinsured motorist coverage in Washington?
Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but not enough to fully compensate you for your injuries. In both situations, you turn to your own insurance policy for coverage you have already paid for.
2. Is UIM coverage required in Washington?
Washington law generally requires insurers to offer UIM coverage, but drivers can reject it in writing. Many people do not remember whether they accepted or rejected UIM coverage years earlier. Reviewing your policy is the only way to know what protection you actually have.
3. Why are UIM claims so common in Washington?
Washington’s minimum liability limits are often far too low to cover serious injuries. A single emergency room visit, imaging, and follow-up care can exhaust a minimum policy quickly. When injuries are significant, UIM coverage often becomes the most important source of recovery.
4. How does a UIM claim work?
In a UIM claim, your insurer steps into the shoes of the at-fault driver for purposes of paying damages. Although it is your insurer, the relationship becomes adversarial. The insurer may dispute fault, challenge medical treatment, or minimize the value of the claim.
5. Do I have to settle with the at-fault driver before using my UIM coverage?
That’s usually the way it works. In most cases, you resolve the claim with the at-fault driver’s insurer first, either by settlement or judgment, before accessing UIM benefits. Your insurer must be notified and given an opportunity to protect its rights.
6. Why does my own insurance company feel like it’s working against me?
In a UIM claim, your own insurance company is evaluating the value of your claim from the point of view of what the person who caused the crash would owe if the case went all the way through trial. The insurance company considers the kinds of defenses that driver would have in the trial. But, at the end of the day, the UIM insurer is YOUR insurance company. They must treat you fairly and in good faith.
7. Do I need a lawyer for a UIM or UM claim?
In a perfect world, no. But in the real world in which many insurance companies are trying to take advantage of their own customers, you really ought to talk with a lawyer to see if you need help. Unrepresented claimants often receive less than the full value of their coverage. Legal representation helps level the playing field.
8. What damages can I recover in a UIM claim?
You may recover the same damages available in a typical injury case, including medical expenses, lost wages, future earning capacity, pain and suffering, and emotional distress—up to the limits of your UIM policy.
9. What if I was a pedestrian or cyclist hit by an uninsured driver?
You may still have UM or UIM coverage through your own auto policy or a household family member’s policy. Coverage often follows the person, not just the vehicle, which surprises many people.
10. What if I was a passenger in someone else’s car?
You may be covered under multiple policies, including the driver’s UM/UIM coverage and your own. Determining which policies apply and in what order can be complicated but is often critical to maximizing recovery.
11. Can the insurance company require a recorded statement or medical exam?
Policies often allow insurers to request recorded statements or independent medical examinations. These requests should be handled carefully, as statements and exam results are frequently used to challenge claims.
12. What is arbitration in a UIM case?
Many Washington UIM policies allow arbitration rather than a jury trial to resolve disputes. Arbitration is a formal process, but it still requires careful preparation, evidence, and advocacy.
13. Can my insurer delay or deny a UIM claim?
Insurers must handle UIM claims reasonably and in good faith. Unreasonable delay, denial, or underpayment may support a separate insurance bad faith claim under Washington law.
14. Will filing a UIM claim raise my insurance premiums?
It depends on the policy and circumstances, but premium concerns should not deter you from using coverage you purchased for protection after a serious injury.
15. What is the biggest mistake people make in UIM and UM claims?
The most common mistake is assuming the insurer will treat the claim like a cooperative customer service matter. Insurers should behave better than they do. But they don’t.