Can I do something if I was rear-ended by driver who does not have auto insurance in Washington? 5 Answers as of March 13, 2011

The driver who rear-ended our car does not have insurance and the registration paperwork reflects that his mother is the owner of the vehicle. My wife and I are going to physical therapy for treatment of our injuries. My insurance is covering medical and vehicle repair, and that amount is over $4,000. On top of that, we had to get an ambulance to rush my wife, who is pregnant, to the nearest hospital. Who is liable for the expenses?

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Premier Law Group
Premier Law Group | Jason Epstein
Hopefully you have uninsured motorist coverage on your insurance policy. If you do, then you will be covered for exactly this type of situation. If you don't, then your only option would be to file a lawsuit against the uninsured individual and his mother and hope that they have personal assets to cover your losses.
Answer Applies to: Washington
Replied: 3/13/2011
Pivotal Law Group, PLLC
Pivotal Law Group, PLLC | Christopher L. Thayer
You should contact an experienced personal injury attorney. Hopefully you have what is called Underinsure or Uninsured Motorist coverage under your own insurance policy. I would need more facts to determine whether you might have a basis for a claim against the mother.
Answer Applies to: Washington
Replied: 3/10/2011
Shaw Law Firm
Shaw Law Firm | Steven L. Shaw
The at-fault driver is always responsible for the damages he causes, but if he wasn't insured there's probably little chance he has money or assets that could pay for those damages. If you have UIM (uninsured or underinsured motorist) insurance coverage, then you can make a claim with your insurer. UIM coverage is your insurance, but it acts like it was the at-fault driver's, in that you must make your case for damages to them. That's where having a good lawyer can make the difference.
Answer Applies to: Washington
Replied: 3/10/2011
Magnuson Lowell P.S.
Magnuson Lowell P.S. | Richard S. Lowell
You may have some options. First, if his mother had insurance on the car, that insurance would be available to 'go after.' And if not, you might have Uninsured Motorist coverage so that you can actually 'go after' your own insurance company to compensate you for your injuries. In the meantime, it sounds like your own PIP insurance is covering your medical expenses. That should also include the cost of the ambulance. And typically, it will pay at least up to $10,000 of medical expenses for both you and your wife.

Please feel free to give me a call should you have questions or would like help in digging through these insurance company issues.
Answer Applies to: Washington
Replied: 3/10/2011
The Farber Law Group
The Farber Law Group | Herbert G. Farber
You can claim your damages against your own automobile insurance policy as an uninsured or underinsured motorist claim. You should consult with an experienced personal injury attorney who can help you identify available insurance coverage and help you file your claim.

Uninsured motorist claims often create a conflict of interest between you and your insurance company. Your company may not take your best interests at heart as their motivation may to pay you the least amount possible. This is where an attorney can help you set up a litigation strategy to help you receive the highest possible settlement.
Answer Applies to: Washington
Replied: 3/10/2011
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