A car accident in Seattle or anywhere else in Washington State can result in medical bills and other expenses that add up fast. If the at-fault driver’s insurance policy does not have enough coverage to pay for your losses, you are left with a gap that can feel impossible to close. However, don’t lose hope about what’s to come; you may still have legal options available to you.
Washington law requires all drivers to carry liability insurance, but the minimum coverage amounts are low. Learning about what happens when your claim exceeds those limits is important if you want to recover the full amount you are owed.
Washington’s Minimum Insurance Requirements
Washington State requires drivers to carry the following minimum liability coverage:
- $25,000 for bodily injury to one person in a single accident
- $50,000 for bodily injury to two or more people in a single accident
- $10,000 for property damage
These amounts satisfy the legal requirement but often fall short in serious collisions. A single emergency room visit followed by surgery and physical therapy can easily exceed $25,000 on its own. In those circumstances, the at-fault driver’s insurer will only pay up to the policy limit, and the remaining balance becomes your problem unless you have other avenues to pursue.
What Options Do I Have if the At-Fault Driver’s Coverage Is Not Enough?
If your damages exceed the other driver’s policy limits, Washington law gives you several potential paths to recover the difference. Which ones apply will depend on the specifics of your case and your own insurance coverage.
- Underinsured motorist coverage (UIM): Washington insurers are legally required to offer UIM coverage to every policyholder, though drivers are allowed to decline it in writing. If you purchased UIM coverage and the at-fault driver’s policy falls short, you can file a claim with your own insurer to cover the gap up to your policy’s limit.
- Personal injury protection (PIP): PIP is not mandatory in Washington, but insurers must offer it. If you have it, PIP can help cover medical expenses and lost wages regardless of who caused the accident.
- Filing a lawsuit against the at-fault driver personally: Washington allows you to sue the at-fault driver for damages beyond their policy limits. If they have assets, the court may order wage garnishment and/or asset seizure to satisfy a judgment. That said, collecting on a judgment depends entirely on the driver’s financial situation, so this route is not always practical.
- Identifying additional liable parties: Washington follows a pure comparative fault system, which means more than one person or entity can share responsibility for a crash. If another party contributed to the accident, filing claims against those parties can increase the total compensation available to you.
- Umbrella insurance policies: If the at-fault driver carries an umbrella policy, that additional coverage may kick in once the primary liability policy has been exhausted.
Each of these options has its own requirements and limitations, so determining which ones apply to your situation with help from an experienced personal injury lawyer in Seattle is an important part of maximizing your recovery.
Schedule a Free Consultation With a Car Accident Lawyer Near You
Many accident victims assume that once the at-fault driver’s insurance pays out its maximum, there is nothing more they can do. However, that is not always the case under Washington law. The difference between recovering $25,000 and recovering the full value of your claim can come down to whether you explored every available source of compensation.
An experienced car accident attorney with Seattle Injury Law can help you evaluate your legal rights and work toward recovering as much money damages as possible on your behalf from there. Contact today for a free consultation at (800) 928-5486.
