I was hit by an uninsured driver but the proof of insurance card showed current when presented to the police so there was no citation issued other than failure to yield. When I called the insurance company to file a claim the policy was no longer valid and filed an uninsured claim under my insurance. They are paying the claim and state that they will go after the uninsured through collections. Since it appeared there was active insurance when the police report was filed but was not the fact is there a way to report that this individual was driving without insurance?
I went to the State of Washington's Department of licensing. They have a form you can fill out. It can be found at http://docs.google.com/viewer?a=v&q=cache:Ij1YDCs1wU8J:www.dol.wa.gov/forms/500027.pdf+report+uninsured&hl=en&gl=us&sig=AHIEtbTBzAHiVgeqPODwOaoM5NX657Ax_w&pli=1.
I have shortened the link to: http://bit.ly/cKYKaR.
I would request something in writing from his insurer denying the claim based on the policy no longer being in effect.
It's possible that he will be able to prove another policy was valid at the time. Hopefully, that happens and you have less hassles.
Hope this helps.
/s Donald Kudler
Robert Kevin DawsonInsurance Law LawyerSeattle, WA ·
I seldom answer emails about claims because they rarely contain enough information to give a useful reply, and because the "contact an attorney" advice sounds so self serving. But here goes.
The issue is what do you want to do? Recover a fair amount for your injuries? Report the other driver for driving without insurance? Get the police to issue a ticket for not having isurance? Do all three? It is also not clear from your email whether your UIM settlement will be a full and fair recovery for your injuries.
If you just want to report the other driver for driving without insurance you can do that yourself. RCW 46.29.020 describes the process. There are time limits involved, correct information that must be provided, etc. The Department of Licensing website may also help.
I think it will be tough to get the police to give a ticket after the fact. You could contact the officer, give him or her a copy of the liability insurance company coverage denial letter, and ask if the officer will issue a ticket.
If your UIM insurance coverage is sufficient to fully pay for your injuries, and your UIM insurer is going to fully pay the claim, then you have recovered what you are entitled to under the law.
If your UIM coverage is not adequate to pay for your damages then you do not have to accept at face value the liability insurer's denial that insurance coverage was in place. Insurers have made such denials before when in fact insurance coverage was in place. There are ways to determine whether the insurance was in place or not.
Also, there are sometimes situations where the insurance of another person or company will cover the claim that you haven't thought of. A thorough review of the facts can often find a way to recover fair compensation. There are reasons why attorneys suggest contacting an attorney on a claim. Understanding the facts involved, what law applies, how to calcuate fair compensation, and determining what insurance coverage is available are some of the reasons. When there is a UIM claim there are additional reasons to contact an attorney. For example, settling with the UIM carrier when there is liability coverage out there can be a mistake in some situations. It may be important to make clear with the UIM carrier who will have the right to collect from the liability insurer if such insurance is in place. Failing to understand and negotiate subrogation claims before settling a UIM or liability claim can also be a big mistake, and may result in a substantial claim against the injured party months or years down the road.
I once heard an insurance adjuster speak at a seminar stating that at his company if a person were represented by an attorney they typically received 3 times the settlement that an unrepresented claimant received for the same injury. It is sad that the unrepresented do not do very well when they go up against an insurance company. But that is the real world.
It is also sad that many injured people do not trust attorneys. Someone with a serious injury is often worried about their future. They need the insurance settlement to rebuild their lives and move on after the injury. They worry about paying attorneys fees. If people trusted attorneys, and trusted that they are better off being represented, then they could hand the case over to the attorney. The injured person could then concentrate on getting better. And the injured person would probably receive a substantially larger recovery than if they handled it themselves.
The computer tells me I am almost out of characters. Good luck.
