If you’ve been injured in a car, truck, or motorcycle accident by an uninsured driver, you may be able to recover losses under the terms of your own car insurance policy.
Unless you signed a waiver forfeiting uninsured coverage, you should have bodily injury coverage up to a specified amount for uninsured motorist claims. However, insurers sometimes deny uninsured motorist claims or take too long to pay them. When this happens, they can be held financially liable under the Insurance Fair Conduct Act (IFCA) for triple damages and attorneys fees. At the Law Office of Scott M. Donaldson, we have the resources and knowledge necessary to assert the rights and prerogatives of policyholders in uninsured motorist claims cases. We review in the contents of the Declarations page of your policy and initiate legal action against an insurer who denies legitimate coverage or takes too long to resolve an uninsured motorist claim.
If you’ve been injured by an uninsured driver and are having difficulties with your insurer, contact uninsured motorist claims attorney Scott M. Donaldson today to schedule a free consultation to learn how we can help you.
What Should I do after being Hit by an Uninsured Driver?
You only have 72 hours to report an accident in the state of Washington. If you were hit by an uninsured driver, you will need an independent witness to confirm what happened. According to law, an “independent witness” is someone who was not involved or injured in an accident but can testify as to what happened. If a police report was filed, it’s important to obtain a copy for your own records and for your lawyer. Additionally, you should review the terms of your own policy to determine how much uninsured coverage it contains.
Do I really need an Attorney to file an Uninsured Motorist Claim?
You don’t need an attorney to file an uninsured motorist claim. However, if you hire an attorney to represent you, he or she can take steps to ensure your rights and interests are protected. In the state of Washington, an injury claim can be reduced by the percentage of fault assigned to a driver. For example, if you incur $50,000 in damages but are deemed 50% at fault, the most you could recover would be $25,000. Insurance companies realize this and are only too happy to investigate an uninsured motorist claim in the hopes of finding you comparatively at fault and reducing the amount they have to pay you.
If you retain legal representation, an attorney can conduct an investigation of the accident, interview witnesses, and establish a balance of power in the courtroom. Additionally, once you hire an attorney, your insurer must talk to him or her and leave you alone. This prevents them from calling you and trying to get you to say something they can later use against you to try to deny or reduce your claim.
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