The sound of metal crunching against your car still echoes in your ears. You expected to exchange information with the other motorist. Instead, you looked up to see taillights disappearing around the corner. Now what?
Hit-and-run accidents leave victims feeling helpless and frustrated, but fleeing the scene does not eliminate your right to compensation. Maximizing your personal injury claim: a comprehensive guide often begins with understanding the critical decisions involved after a hit-and-run. At Kode Law, Seattle car accident lawyer Preet Kode walks clients through proper documentation, insurance claims, and the legal remedies available under Washington state law when the at-fault driver vanishes.
Table of Contents
What Does the Law Require After an Accident?
Under RCW 46.52.020, any driver involved in a collision must immediately stop at the scene and remain until they provide specific information to other parties involved. This includes:
- Name
- Address
- Insurance information
- Policy number
- Vehicle license number
- Driver's license
However, even if the other motorist fled the scene, hit-and-run accidents should still be reported to law enforcement and to your auto insurance carrier.
While that statute doesn’t specify a reporting deadline, insurance policies and Washington case law commonly require prompt reporting, often interpreted as within 72 hours. Failure to timely report the incident can jeopardize your ability to recover compensation under uninsured motorist coverage.
How Does Uninsured Motorist Coverage Protect Hit-and-Run Victims?
Washington law requires insurers to provide uninsured/underinsured motorist (UM/UIM) coverage under RCW 48.22.030. So, unless you specifically rejected it in writing, it should be part of your existing policy. This could be a critical compensation resource after an unidentified driver collision, including claims involving so-called “phantom vehicles” that cause accidents without physical contact.
Although your individual coverage might be higher, insurers usually set minimum UM/UIM limits to:
- $25,000 per person for bodily injury.
- $50,000 total per accident for bodily injury.
- $10,000 per accident for property damage.
The legal team at Kode Law will help leverage your UM/UIM coverage for:
- Medical expenses. This includes both immediate and long-term medical costs, such as emergency care, hospital bills, surgical procedures, physical therapy, prescription medications, and any ongoing treatment or rehabilitation required as a result of your injuries.
- Lost wages. In more serious cases, this coverage may bridge the gap left by income you've lost while recovering from injuries, including future earning capacity if your condition prevents you from returning to your previous work.
- Pain and suffering. Washington law allows recovery through UM/UIM for non-economic damages such as physical pain, emotional distress, mental anguish, and loss of enjoyment of life caused by a hit-and-run collision. These damages acknowledge the personal and lasting impact that accident injuries have, extending beyond financial losses.
- Property damage. UM coverage might also help pay for vehicle repair or replacement costs following a hit-and-run accident. However, property damage claims are often subject to policy limits and deductibles, including those permitted under RCW 48.22.030.
What If You Don't Have an Uninsured Motorist Policy for a Hit-and-Run Accident?
If you signed a waiver rejecting UM/UIM protection, you'll need to rely on other insurance options:
- Collision rider. This optional coverage helps pay for repairs to your vehicle regardless of who was at fault. However, you’re typically responsible for paying your deductible before coverage applies, and reimbursement is limited to your policy terms and vehicle value.
- Personal Injury Protection (PIP). What Washington drivers need to know about PIP insurance coverage is that if you carry PIP, it can help cover medical expenses and certain related costs—such as lost wages or essential services—regardless of who caused the accident. Keep in mind that PIP benefits are often subject to coverage limits and time restrictions.
- Health insurance. Your personal policy could be accessed for emergency treatment, hospital stays, specialist care, physical therapy, and prescription medications following a hit-and-run collision. However, coverage varies by policy and may include deductibles, co-payments, or limitations on specific treatments.
Without these coverages, you're responsible for repairs, medical bills, and other expenses out-of-pocket unless investigators locate the at-fault driver.
There might also be criminal penalties that exist separately from your civil claim for compensation. In these cases, the motorist faces both criminal prosecution and potential financial liability for economic and non-economic damages.
How Will Our Legal Guidance Strengthen Your Hit-and-Run Claim?
The other motorist may have abandoned responsibility, but you shouldn't have to navigate recovery alone. Seattle accident lawyer Preet Kode and the experienced team at Kode Law work diligently with investigators to build a strong case, ensuring your evidence is thorough and your claim is properly documented.
Insurance companies often scrutinize unidentified driver accident cases more carefully, sometimes even questioning whether the incident actually occurred or if you're exaggerating damages. Our strong representation unravels the mystery and provides you with a clear path to results.
