What if You're in a Car Accident With an Uninsured Driver? It's important to keep things in perspective here. Moreover, some of the most common penalties are the following: The revocation of their license for up to a year, A civil penalty fee of $750 for license restoration. Youre entitled to more. The insurance of the at-fault driver will pay to cover the other drivers damages. A licensed driver without immediate possession of the license is subject to a fine of $10 to $500 and up to six months in jail. If you're absolutely sure you're not at fault, it's best to be proactive and take stock of the scene. You can get your driving record from Washington State in person, online or through mail. If the driver lives in a state that demands car insurance to be able to drive, they're going to be facing terrible consequences if they get caught driving, even if they don't get in an accident. When this happens, you could face difficulties getting the compensation you deserve from the driver responsible for harming you. Heres how the law breaks it down:, : misdemeanor; punishable by up to 90 days in jail and up $1,000 in fines, : gross misdemeanor; punishable by up to one year in jail and $5,000 in fines, : class C felony; punishable by up to 5 years in jail and $10,000 in fines, : class B felony; punishable by up to 10 years in jail and $20,000 in fines. You may be entitled to significantly more than they are offering, which is why its best to have an attorney review the settlement and give you their expert advice. Attach a copy of the quote you . In contrast, an accident in Rhode Island only increases rates by 26%. License suspension. Christy Bieber is a personal finance and legal writer with more than a decade of experience. The driver should ask witnesses for their contact information. If you have anything listed on your driving record, its best to keep a record of when it is due to expire so you can check it is removed. With the help of a professional lawyer, youll get the best settlement possible without dealing with any of the headaches. When you are not-at-fault. Additionally, you can also file a personal injury lawsuit for any other kinds of damage, like pain and suffering or emotional distress. Have you been involved in a car accident in Washington State? The minimum requirements for insurance are: Alternatively, you can buy an insurance certificate for $60,000 and then deposit this amount with the State Treasurer. New Hampshire: Five years from the date of the accident 3 . On the other hand, non-economic damages include: Although these damages are highly subjective, they are calculated by multiplying the economic damages by 1, 2, 3, or 4, depending on the severity of the accident. A no-fault state, unlike Washington, requires that drivers purchase an insurance policy that pays out regardless of who is at fault. This means that, after a car accident, the person who caused the accident is responsible for compensating the injured party. You are able to collect damages in proportion to your fault in the accident, The statue of limitation in Washington state is 3 years. It has not been previewed, commissioned or otherwise endorsed by any of our network partners. However, they must be aware of their state's statute of limitation, as the claim must be filed within this time range, or they may miss the opportunity to get compensation. against another driver . Take pictures of the accident scene, the position of the vehicles, and anything else that might help tell the story of how the accident happened. Both parties should exchange contact information. Arrest. Non-commercial auto accidents remain on your license for five years. For example, you might be able to pursue a claim only if the other driver was drunk or fled the crash scene, or you may only be allowed to obtain partial compensation for losses. In some states, however, there are No Pay/No Play rules. Our injury attorneys and staff are here to help so that you can focus on healing. Her dream car is a 1965 Aston Martin DB5. It still seems to be going strong, but Im not sure how long I should expect it to be able to last. If you are not at fault, the other . The letter should ask for payment (or a reply) by a set date. In a no-fault state, all drivers are required to carry PIP coverage (in . Being involved in a car accident is a stressful and often traumatizing time. Driving without insurance in Washington is not advisable. If you get into a car accident with no insurance, you could be held personally responsible for the other drivers losses if you were at fault for the crash. Trying to fight this claim without a car accident lawyer may be an uphill battle, which is why it is crucial to find a trustworthy law firm with experienced, Whether the accident happens in a no-fault state or not, no one likes getting into a car accident. After an accident in which both drivers are uninsured, there's more at stake on both sides when it comes to establishing fault for the accident. Washington is not a no-fault insurance state. October 21, 2015 by: Content Team. The insurance company is only on the hook to pay the amount the at-fault driver is insured for. you'll need to pay the DMV a $750 civil penalty to restore your driver license. But if you can swing it, it can save you a lot of headaches, hassles, and expenses if youre in an accident caused by an uninsured driver., coverage. But if for some reason they dont, you have four days to notify the Washington DMV., If the accident was your fault, then things are going to get pretty hairy. If the other driver was at fault for the accident, you may be able to recover compensation from their insurer. Still, once the accident happens, the not-at-fault party deserves to get compensated, even if they weren't insured. For a free case consultation, call us at (817) 476-1797. If you do not have an automobile liability insurance policy, you are personally responsible for paying these damages to the injured person. Here are more steps to take: Get more tips on what to do after a car accident. What is a 2007 GMC Envoys life expectancy? Our experienced automobile accident law team has helped hundreds of clients reach successful settlements in this kind of case. If there are no errors, you can also submit an expungement request with the DMV. Report the accident to police: If police aren't present, you are legally required to report the accident to the police if it caused an injury. A car accident, also referred to as a "traffic collision," or a "motor vehicle accident," occurs when a motor vehicle strikes or collides another vehicle, a stationary object, a pedestrian, or an animal. Please try again later. You must have physical proof of your insurance when driving. |Privacy Policy|Terms and Conditions | Blog. This spiked my insurance rates and every quote I found. They should have copies of this for you to fill out if you dont have access to a printer at home. I know it doesnt really matter to me personally, but I hate clutter! Document the accident and all agreements made: Take pictures of both vehicles and the scene where the accident occurred. Not to mention convenient! To get the best possible experience please use the latest version of Chrome, Firefox, Safari, or Microsoft Edge to view this website. Well go into the details of car insurance you should carry later in the guide. Local laws vary per state and car insurance. There are several ways to remove infractions from your driving record: If you have expired accidents or violations still on your driving record, you can write to the DMV and report the errors. However, with the right lawyer, they may still be able to get some money out of the settlement. If the other driver did not stop to give you their details, you can report the accident to the police. A, , and the punishment depends on the details and outcome of the accident. Furthermore, you can sue or be sued over a car accident without a police report. You and your car are fine, but the other driver has sustained $20,000 in damages. You must take it to any driver licensing office or mail it to: Driver Records Department of Licensing PO Box 9030 Olympia WA 98507-9030; What if I don't have a Washington driver license? If you do have insurance but the other driver doesnt, then what? Remember, these are just minimum requirements. Washington is not a no-fault insurance state. In New York, for example, if your vehicle is uninsured and is involved in an accident: Get more details on penalties for driving without insurance (from DrivingLaws.org). If youd prefer a physical copy of your record sent by mail, complete the Driving Record Request Form. In some states, however, there are No Pay/No Play rules. The not-at-fault driver has the right to seek compensation if they live in a no-fault state. You could also face legal consequences such as a license suspension. Exchange insurance information with the driver. Drivers in fault states like Alabama have more options to receive compensation for their injuries after an accident. If the accident is reported by a police officer who attends the scene, you dont need to file a separate report later. The majority of states use a tort system, but 12 states and Puerto Rico have a true no-fault insurance system in place that restricts the right to sue. So, if you live in a no-fault state and you don't have insurance, even if you're at fault for the accident, the other driver probably can't name you as a defendant in a lawsuit and seek compensation directly from you. However, the at-fault motorist may not have the money to provide the funds you deserve. , and if youre involved in an accident while youre uninsured, the situation is going to be even worse. Editorial Note: We earn a commission from partner links on Forbes Advisor. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Some states have what's called a "no pay, no play" law, limiting the compensation you can receive after a not-at . The police can issue citations and make a report about what caused the accident, but the, insurance companies are the ones who assign fault, This is why its crucial to get through. But one thing is for sureits not going to be cheap, no matter what route you go., If you did have insurance at the time but just didnt have the proof on you, then youll be okay as long as you show that you were insured at the time, . If you are in a car accident and found to be driving without valid insurance, every state will impose a fine of hundreds or even thousands of dollars. Driving while uninsured can have consequences, including: Fines. The worst case scenario, of course, is that youre in an accident in which your medical expenses exceed the other drivers insurance policy limits. Its an excellent idea to carry PIP, but its not required by law. If you're driving without valid car insurance and you're involved in a car accident, here's what to know at the outset: The most important thing to do is stop and stay at the accident scene until you've taken proper action. That rate hike is the largest in California, where an accident more than doubles insurance rates. How to settle without insurance. The answer to these questions depends on the circumstances of the accident as well as the state where the accident occurred. For example, dont apologize to the other driver if you were not at fault or if youre not certain who was at fault. If an accident occurs at an intersection because a driver has run a red light, it's likely they'll be found to be at fault. If you are in a car accident with another driver, and that driver is found to be 80% at fault, then their insurance company would be forced to pay 80% of the damages. You are not required to obtain liability insurance in New Hampshire or Virginia. The damage to your car is less than $15,000 (or you're okay with $15,000 as a . In the US, a staggering 77% of people have been in a car accident, so it makes sense to be prepared and know what to do if youre ever unfortunate enough to get into an accident, however minor it may be. Updated July 28, 2022. Editorial Note: The content of this article is based on the authors opinions and recommendations alone. Washington requires drivers to possess certain levels of auto insurance and you may face severe penalties if you drive your car. This may happen if the mandatory time the infraction remains on your record has passed but it has not been removed. Carry liability insurance limits of at least: $25,000 for injuries or death to one person in an accident you cause. No fees, ever. Even if you dont think this is necessary, still go to the doctor to get an assessment. When an accident occurs in a no-fault state, blame is still assigned. Everyone needs a trustworthy lawyer who can help them get through difficult times, and this is the perfect opportunity to find one. When a person makes a claim, its to the insurance company, not the individual who caused the accident. Car Insurance Requirements in Washington. If youre hurt in the car accident, seek immediate medical treatment. Message. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Washington State law requires all drivers to have auto insurance to protect others from accidents and injuries. Ask the other driver to respond within a specific time, 14 days for example. There are also cases where you may not be at fault and there is no third party to . You may have a claim for personal injuries if you were hurt, but the owner of the car you were driving will be the one that will deal directly with the at-fault insurance company for the property damage to the car. If you live in one and have no insurance, you may not be allowed to sue, the circumstances when you can make a claim may be limited or you may be limited in the amount of damages you can collect. Detailed overview of how your personal injury settlements are distributed. What about the person whose hospital bills add up to $50,000? They can sue you for $20,000, but because you are jointly responsible, they will only be granted $10,000. But it might take a long time for you to be paid what youre owed if you get the money at all. An at-fault car accident occurs in states without PIP coverage laws. Not having coverage could result in legal penalties including: These legal penalties apply separately from any civil claims other drivers could bring against you to recover compensation for their losses resulting from the car accident. These states where personal injury protection insurance is required are . When no-fault insurance was first implemented, several states thought it would streamline the process of dealing with automobile accidents. Although these roads do not account for all accidents in Washington State, its good to be aware of the worst areas to take extra care when driving: Washington is a comparative negligence state. In states like California, you can't recover "non-economic" damages like compensation for pain and suffering, but you can still get reimbursed for your medical bills. The information provided on this Website does not constitute legal advice and does not create an attorney-client relationship. Does Medicare Pay for Car Accident Injuries in Washington. Even though there are severe consequences for being in an accident while uninsured, youll be much worse off if you leave the scene. Jerry automatically shops for your insurance before every renewal. You are not obligated to take this first settlement and can escalate the case to court if you feel you havent been offered a fair settlement. Moreover, even after paying the financial compensation, they may face other consequences, such as getting their driver's license removed or suspended. The specifics will depend on where you live: Normally, your insurance company would pay your legal bills and cover damages the other driver sustained, up to policy limits. Do Not Sell or Share My Personal Information, No matter the specifics of your situation, you might want to start by reaching out to a. in your area. On an additional note, you can read about whether or not someone can sue you for a car accident if you have insurance. The overwhelming majority of vehicle owners meet these "financial responsibility" requirements by purchasing certain minimum amounts of car insurance coverage. While this strategy will save you money in the short term, keep in mind that liability coverage can't be used to cover your own car accident injuries or damage to your own vehicle. Today, only 12 of those states remain, with many considering going back to a tort system. Therefore, they must remain calm and follow these steps: The first thing that needs to be done is alert the required authorities, such as the police station and medical services. If accepted, you may be required to attend traffic school or a driver improvement course. Although keep in mind here that the "No Pay, No Play" laws we discussed above will likely apply to both drivers, meaning both may face difficulty getting compensation for the full spectrum of their losses resulting from the accident. . Call emergency medical services if anyone seems to have suffered significant injury. During this suspension: You may not apply for a Washington driver license. Lets say somebody was 98% at fault for an accident, they are still able to claim the other 2% from the other driver. For that, you need a skilled personal injury attorney. Therefore, they may blame the other driver, even if their clients were at fault. For example, imagine you are in a car accident and are found to be jointly responsible with the other driver. Therefore, they may blame the other driver, even if their clients were at fault. Therefore, the other driver's insurance company must pay for all the damages they caused, and the not-at-fault driver can even file a lawsuit and take them to court. For instance, let's say you're at fault after hitting another person's parked car. No-fault insurance is intended to reduce the demands on the court system associated with car accident-related lawsuits. Plus, dealing with an insurance company can be stressful, especially if youre recovering from injuries. Call Our Car Accident Lawyers for Help with Your Case. Your financial situation is unique and the products and services we review may not be right for your circumstances. . Amber Reed is an insurance writer based in Portland, Oregon. updated Sep 13, 2022 Driving without insurance in Washington State can result in serious penalties, depending on the circumstance. If you have been injured in an accident, even if it was your fault, call the State Insurance Regulatory Authority (SIRA) on 1300 656 919 immediately for help with making a claim, as strict time limits apply. This compensation comes from two main sources. Answer a few questions and you're even eligible for a free case evaluation. Once paid, youll be able to print your driving record or send a copy to your email to save it digitally. Some states are no pay/no play states. Our team at WEIERLAW are experts in auto accident cases. If you were hurt in an accident, call our Dallas car accident attorneys at The Queenan Law Firm today. 13, 2022 driving without insurance in Washington state can result in serious penalties, on! 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