Legal Question in Traffic Law in Washington

Uninsured Motorist

I was recently involved in a traffic accident with an uninsured motorist who fled the scene. Thanks to some other drivers and the quick response from the local law enforcement the driver was caught a few miles away. It turns out that he did not have insurance; the vehicle was borrowed from his step father who knew that there was no insurance on the vehicle. Fortunately I have uninsured motorist coverage on my vehicle, but will have to come up with the money to buy another car if mine is deemed to be a total loss. I will get some compensation from my insurance company, do I have a case for additional compensation from either the driver or his step-father?


Asked on 2/28/04, 11:07 pm

1 Answer from Attorneys
Matthew King Wershow & Ritter, Inc. P.S.

Re: Uninsured Motorist

You have legal recourse against the other driver, regardless of whether he has insurance. The issue is whether any judgment you may get can be satisfied by the other driver's assets. If the other driver has no property you can attach to, or no job where you can garnish his wages, you may have a large judgment, but no way to obtain money to satisfy that judgment.

You might be able to sue the other vehicle's owner for negligent entrustment (but additional facts are needed to determine whether the owner did negligently entrust the vehicle). I recommend you contact an attorney in your area to assist you with this matter.

Good luck!

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Answered on 3/01/04, 10:14 am


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