Washington Hit-and-Run Accident Lawyer: RCW 46.52.020, UIM for Hit-and-Run and Phantom Vehicles, Restitution and Crime Victims Compensation (Updated November 2026)

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

What to do after a hit-and-run in Washington

1. Call 911 and get medical care.
2. Report the crash to police within 72 hours. If the other car never touched you, that report is a condition of phantom vehicle coverage (RCW 48.22.030(8)).
3. Find a witness or video. A phantom vehicle claim needs evidence other than your own testimony.
4. Write down the car’s details: plate, color, model, damage and direction.
5. Open PIP and UIM claims with your own insurer. PIP can pay medical bills early.
6. Keep the damaged vehicle or bike until it has been photographed and inspected.

Washington’s duty-to-stop law

A driver in a crash that injures or kills anyone must stop immediately at or near the scene, return to it, and stay until the driver has given name, address, insurance company, policy number and license plate number, shown a driver’s license, and given reasonable help to anyone injured, including taking or arranging to take them to a doctor or hospital (RCW 46.52.020).

Two details are particular to Washington. If nobody at the scene can receive the information and no officer is present, the driver must report the crash to the nearest police authority. And the statute says helping the injured person or giving information is never evidence that the driver was liable.

Washington UIM coverage for hit-and-run and phantom vehicles

Coverage written into the statute. Washington auto policies must include coverage for insureds legally entitled to recover from the owners or drivers of underinsured vehicles, hit-and-run vehicles and phantom vehicles. An “underinsured motor vehicle” includes one with no liability insurance at all. The coverage equals your liability limits unless you rejected all or part of it in writing (RCW 48.22.030).

Hit-and-run versus phantom. A car that hit you and drove away is a hit-and-run vehicle. A car that caused the crash without touching you or your vehicle is a “phantom vehicle,” covered only if the facts can be corroborated by competent evidence other than the testimony of you or another UIM claimant, and the crash was reported to police within 72 hours (RCW 48.22.030(8)).

Property damage. UIM in Washington can also pay for your damaged car. The policy may set a deductible of up to $300 for property damage caused by a hit-and-run or phantom vehicle.

Two exclusions. The required coverage does not apply while you ride a motorcycle, or while you occupy a vehicle you own or regularly use that the policy does not insure. Riders should check for UIM on the motorcycle policy itself; see our Washington motorcycle accident lawyer page.

PIP. Insurers must offer personal injury protection, which the named insured may reject in writing (RCW 48.22.085). The minimum benefits are $10,000 in medical and hospital benefits, $10,000 in income continuation at up to $200 a week, $5,000 for loss of services and a $2,000 funeral benefit (RCW 48.22.095). Washington defines a PIP “insured” to include the named insured, resident relatives and a pedestrian struck by the insured car (RCW 48.22.005).

If the driver is found. The minimum liability policy in Washington is $25,000 per person and $50,000 per accident (RCW 46.29.090), lower than in California or Texas, so your own UIM often does most of the work.

Restitution in a Washington criminal case

Restitution “shall be ordered” whenever an offender is convicted of an offense that injures a person, unless extraordinary circumstances make it inappropriate and the court explains why (RCW 9.94A.753(5)).

• What it covers: easily ascertainable damages for property, actual treatment expenses and lost wages, plus counseling reasonably related to the offense. It does not cover mental anguish, pain and suffering or other intangible losses, which stay in the civil case.
• How much: up to double the victim’s loss or the offender’s gain.
• When: the amount is set at sentencing or within 180 days, and for offenses since July 1, 2000 the court keeps jurisdiction until the obligation is paid in full.

In September 2026 a 73-year-old woman crossing North Perry Road near Mead was struck and killed. The driver was arrested and charged with vehicular homicide, hit-and-run and reckless driving, and a security camera reportedly showed the truck going nearly double the 25 mph limit (Perry Road, Mead).

Washington’s Crime Victims Compensation Program (L&I)

The Department of Labor and Industries runs the program. Its definition of “criminal act” leaves out driving offenses unless the injury was intentional, the driving was part of another non-vehicle crime, the driver was under the influence in violation of RCW 46.61.502, the load was not secured in the first degree, or the case involves vehicular homicide or vehicular assault. When a driver who committed vehicular assault cannot be identified because the driver fled in violation of RCW 46.52.020, the department itself may find by a preponderance of the evidence that a vehicular assault occurred and authorize benefits (RCW 7.68.020(6)).

• Report: the crime must be reported to police or the sheriff within 12 months (RCW 7.68.060).
• Apply: within three years after the report, extendable to five years for good cause. You must cooperate with law enforcement.
• Limits: other than medical benefits, no more than $40,000 for a single injury or death (RCW 7.68.070).

A September 2026 crash on I-5 near the Nisqually River Bridge shows the DUI route: the Washington State Patrol said DUI caused the crash, and the driver kept going north after hitting a woman’s car (I-5, Nisqually). See a drunk driver hit me.

Washington deadlines and fault rules for hit-and-run claims

More on the three-year rule: Washington car accident statute of limitations. For a fatal crash, see Washington wrongful death statute of limitations, and compare the states in comparative fault in CA, TX and WA.

Hit-and-run crashes in Washington

• From September 1, 2023 to May 31, 2025, 39,584 hit-and-run collisions were reported statewide, and 5,180 of them involved a death or substantial bodily harm. In the same period the State Patrol’s pilot Hit & Run Alert system issued five alerts, which led directly to one arrest (WSP Hit & Run Alert pilot program report).
• From 2017 to 2023, 6.5% of Washington’s 4,441 traffic deaths happened in hit-and-run crashes (AAA Foundation).

A cyclist hit from behind on Aurora Avenue North near North 97th Street in Seattle on September 29, 2026 died on October 17; police were looking for a silver 2012 to 2014 Toyota Camry (Aurora Avenue North, Seattle). In Spokane, police were searching for a black Ford Flex after a pedestrian was fatally struck at West Maxwell Avenue and North Walnut Street on October 26, 2026 (Spokane hit-and-run). When no driver is found, a family’s own UIM coverage may be the only insurance.

Local pages: Seattle, Spokane, Tacoma, Everett and Vancouver.

Evidence to gather in Washington

• The police report, made within 72 hours. In Seattle, see how to get a police report in Seattle.
• Traffic and business video. Seattle footage is often overwritten fast: how to get traffic camera footage in Seattle.
• An independent witness, which the phantom vehicle rule requires.
• Every policy in the household, since UIM and PIP from a relative you live with may apply.
• The charging papers, which matter for both restitution and crime victims compensation.

Related pages

• California hit-and-run accident lawyer
• Texas hit-and-run accident lawyer
• Washington car accident lawyer
• Washington pedestrian accident lawyer
• Washington motorcycle accident lawyer
• Seattle car accident lawyer

Common questions

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.