By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hit by an uninsured driver in Washington?
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How UIM coverage works in Washington
No auto liability policy may be issued or renewed for a vehicle registered or principally garaged in Washington unless it covers insured people who are legally entitled to recover from the owners or drivers of underinsured vehicles, hit-and-run vehicles and phantom vehicles, for bodily injury, death or property damage (RCW 48.22.030(2)).
- One definition covers both problems. An “underinsured motor vehicle” is one with no liability insurance at all, or one whose total liability limits are less than the damages the injured person is legally entitled to recover (RCW 48.22.030(1)).
- Same limits as your liability coverage. Except for property damage, UIM must be in the same amount as your third-party liability coverage unless you reject all or part of it (RCW 48.22.030(3)).
- Rejection must be written. Only a named insured or spouse can reject it, in writing. Once rejected, it is not added to a renewal unless a named insured or spouse asks for it in writing (RCW 48.22.030(4)).
- Your car. Property damage coverage means physical damage to the insured vehicle unless the policy covers more (RCW 48.22.030(3)).
- Exclusions the statute allows. The required coverage does not apply while you are operating or riding on a motorcycle, or while in a vehicle owned by or available for the regular use of you or a family member that is not insured under the policy (RCW 48.22.030(2)).
The Office of the Insurance Commissioner adds that collision and PIP coverage cover damage to your car and certain medical bills, and that you might have a lower deductible for hit-and-run and phantom vehicle claims (Washington OIC).
Hit-and-run and phantom vehicles
A hit-and-run vehicle is covered. A “phantom vehicle” is one that causes injury or damage without physical contact with you or the vehicle you were in, such as a car that swerves into your lane and forces you off the road. It is covered only if both of these are true (RCW 48.22.030(8)):
- The facts can be corroborated by competent evidence other than the testimony of the insured or anyone else with a UIM claim from the crash, such as an independent witness or video.
- The crash was reported to the appropriate law enforcement agency within 72 hours.
The policy may set a deductible of up to $300 for property damage caused by a hit-and-run or phantom vehicle, and up to $100 for other underinsured property damage claims (RCW 48.22.030(7)).
Our news desk has covered both kinds of cases. On September 30, 2026, two people in an SUV were killed on eastbound I-90 west of Moses Lake after hitting the rear of a vehicle reported to be a semi, which reportedly did not stop; the State Patrol was looking for the truck and its driver. On September 11, 2026, a Lacey woman was injured on northbound I-5 near the Nisqually River Bridge when a driver who had allegedly been drinking veered across the freeway, hit her car and, according to reports, kept going. When the fleeing driver is later identified, that driver’s insurance pays first and UIM covers the rest. Our Washington hit-and-run accident lawyer page has the reporting rules and crime-victim benefits.
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Underinsured drivers: Washington’s damages test
Washington compares the other driver’s limits with your damages, not with your own limits. Washington drivers must carry only $25,000 for injury or death of one person, $50,000 for two or more people and $10,000 for property damage (RCW 46.29.090; RCW 46.30.020). If a driver with the $25,000 minimum causes $120,000 in damages, that car is underinsured no matter what limits you carry.
- Example. You have $100,000 in UIM. The at-fault insurer pays $25,000. Your damages are $120,000. UIM can pay the remaining $95,000, within your $100,000 limit, subject to your policy’s terms on credits.
- Per-accident caps. The policy may define its limit as the maximum for all damages from one accident, regardless of the number of covered people, claims, vehicles or premiums (RCW 48.22.030(5)).
- Stacking. If you have similar coverage under other policies, the policy may provide that the total will not exceed the highest of the applicable limits (RCW 48.22.030(6)).
Read our FAQ on making a UIM claim and the Washington car accident lawyer page for the claim against the other driver.
Deadlines and how the claim is decided
Three years against the driver. An action for injury to the person must be started within three years (RCW 4.16.080(2)). See Washington car accident statute of limitations.
The UIM claim itself. RCW 48.22.030 does not set up an arbitration process the way California’s statute does, so the procedure for resolving a disagreement over fault or value comes from your policy. Many policies have an arbitration clause and their own notice and proof-of-loss requirements. Get a full copy of the policy, including endorsements, early.
If you were the intended target. If the person seeking UIM benefits was the intended victim of the other driver, the incident must be reported to law enforcement and the covered person must cooperate with the investigation (RCW 48.22.030(11)).
| Step | Deadline | Source |
|---|---|---|
| Report a phantom vehicle crash to police | 72 hours | RCW 48.22.030(8) |
| Sue the at-fault driver | 3 years | RCW 4.16.080(2) |
| Notice before an IFCA lawsuit | 20 days before filing, to the insurer and the Insurance Commissioner | RCW 48.30.015(8) |
The Insurance Fair Conduct Act
Washington voters approved the Insurance Fair Conduct Act (IFCA) in 2007 by referendum. A first-party claimant who is unreasonably denied a claim for coverage or payment of benefits may sue in superior court for actual damages, plus costs and reasonable attorney’s fees (RCW 48.30.015(1)). A UIM claimant is a first-party claimant because you are claiming as a covered person under your own policy (RCW 48.30.015(4)).
- Treble damages. After finding the insurer acted unreasonably, or violated certain claim-handling rules, the court may increase the award to up to three times actual damages (RCW 48.30.015(2)).
- Fees and expert costs. The court must award reasonable attorney’s fees and litigation costs, including expert witness fees, to a prevailing claimant (RCW 48.30.015(3)).
- Claim-handling rules. Violations of the commissioner’s rules on unfair claim settlement practices, prompt investigation, and prompt, fair and equitable settlements count (RCW 48.30.015(5)).
- Twenty-day notice. Before suing, you must give written notice to the insurer and the Insurance Commissioner. If the insurer does not resolve the problem within 20 days, you can file, and the limitations period is paused during those 20 days (RCW 48.30.015(8)).
If a UIM claim stalls and bills come due, our page on cash advances on uninsured motorist claims covers that option.
How common uninsured drivers are in Washington
The Insurance Research Council estimates that 19.1% of Washington drivers were uninsured in 2023, the tenth-highest rate in the country and higher than Texas’s 14.5% (Insurance Information Institute). Local pages: Seattle, Tacoma and Spokane car accident lawyers.
Washington, California and Texas compared
| State | Is the coverage on my policy? | What counts as underinsured | Driver unknown | Remedy for unreasonable handling |
|---|---|---|---|---|
| California | Yes, unless a named insured deleted or reduced it in a signed agreement (Ins. Code § 11580.2(a)) | The other car’s limits are lower than your UM limits (§ 11580.2(p)(2)) | Physical contact, police report within 24 hours, sworn statement to insurer within 30 days (§ 11580.2(b)) | Tort claim for breach of the implied covenant of good faith (Gruenberg v. Aetna) |
| Texas | Yes, unless an insured named in the policy rejected it in writing (Ins. Code § 1952.101) | The other car’s limits are less than your UIM limit (§ 1952.103) | Actual physical contact (§ 1952.104(3)) | Actual damages and fees; up to three times actual damages if done knowingly (Ins. Code § 541.152) |
| Washington | Yes, unless a named insured or spouse rejected it in writing (RCW 48.22.030(4)) | No insurance, or limits less than the damages you are entitled to recover (RCW 48.22.030(1)) | Hit-and-run covered; phantom vehicle needs independent corroboration and a police report within 72 hours (RCW 48.22.030(8)) | Actual damages, fees and costs; up to three times actual damages (RCW 48.30.015) |
Washington’s damages test is the broadest of the three states, and it is the only one that covers phantom vehicles that never touched you.
Related pages
- California uninsured motorist lawyer
- Texas uninsured motorist lawyer
- Washington hit-and-run accident lawyer
- Washington car accident lawyer
- Car and truck accident questions
- Areas we serve in Washington
Common questions
Does Washington have separate uninsured and underinsured coverage?
No. Washington’s UIM coverage defines an underinsured vehicle to include one with no insurance at all, so a single coverage handles uninsured, underinsured, hit-and-run and phantom vehicles (RCW 48.22.030).
What if the car that caused my crash never touched me?
That is a phantom vehicle. UIM covers it only if the crash was reported to police within 72 hours and the facts are corroborated by evidence other than your own testimony or that of another UIM claimant (RCW 48.22.030(8)).
The other driver had the $25,000 minimum and I have $25,000 in UIM. Can I still claim?
Yes, if your damages exceed $25,000. Washington compares the other driver’s limits with your damages, not with your UIM limit (RCW 48.22.030(1)).
How long do I have to sue?
Three years against the at-fault driver (RCW 4.16.080(2)). The UIM claim follows your policy’s procedures, which often include arbitration, so read the policy early.
What can I recover if my insurer unreasonably denies my UIM claim?
Under the Insurance Fair Conduct Act, actual damages, costs and reasonable attorney’s fees, and the court may increase damages up to three times. You must give the insurer and the Insurance Commissioner 20 days’ written notice before suing (RCW 48.30.015).
Is there a deductible for a hit-and-run claim?
For property damage, the policy may set a deductible of up to $300 when a hit-and-run or phantom vehicle caused the damage, and up to $100 in other UIM property damage claims (RCW 48.22.030(7)).
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Sources
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.