${site.data.firmName}${SEMFirmNameAlt}
509-703-6643
24-Hour Emergencies: 509-327-6000
Representing The People Of Spokane For Generations

Should you sue an uninsured driver for your damages?

Your first thought when the at-fault driver tells you he or she has no auto insurance is that you will file a lawsuit in the Washington courts to get the money to cover your damages. After all, if you file a claim against your own insurance, the rates may go up.

Is litigation the right answer?

Comparative fault

According to FindLaw, you should make sure you get a copy of the police report. This could be helpful to you in determining whether you would receive full compensation. In Washington, the liability for the accident is divided among all the parties who contributed to it. If you were speeding when the other driver hit you at the intersection, for example, the judge may determine that you are also at fault and reduce the amount awarded.

On the other hand, the report could reveal that faulty road design, a defective car part or some other factor also contributed to your accident. You may be able to receive considerable compensation from other parties if they contributed to the accident.

Arbitration

You probably will not head straight to court if you file a lawsuit. In fact, you may not go to court at all. The Washington State Legislature notes that there is a mandatory arbitration program for cases involving up to $50,000 in damages. In this process, you and the other party would appear before a panel of arbitrators rather than a judge. This could be beneficial because crowded court dockets could keep your case tied up for longer, and the outcome of arbitration is just as binding as a court decision.

This general information does not address all the factors that may be at play in any given motor vehicle accident; therefore, it should not be interpreted as legal advice.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Cooney Law Offices P.S.
330 W. Indiana Ave.
Spokane, WA 99205

Toll Free: 888-302-2613
Phone: 509-703-6643
Phone: 509-327-6000
Fax: 509-325-1859
Spokane Law Office Map