Losing a loved one in a car accident is devastating enough. When the at-fault driver has no insurance, families face an additional burden that feels impossible to overcome. How do you recover compensation when the responsible party can't pay? It's a question we hear often, and the answer isn't as bleak as you might think.
Washington law requires drivers to carry liability insurance, but plenty of people ignore that requirement. According to the Insurance Research Council, approximately 1 in 8 drivers nationwide operates without proper coverage. When these uninsured motorists cause fatal crashes, surviving family members need to understand what legal options actually exist. You're not without recourse, even though it might feel that way right now.
What Wrongful Death Means In Washington
A Seattle wrongful death attorney can explain that wrongful death claims arise when someone's negligence or misconduct causes another person's death. It's how the law allows certain family members to seek compensation for their losses.
In Washington, eligible claimants typically include:
- Surviving spouses or domestic partners
- Children of the deceased
- Parents, if the victim had no spouse or children
- Siblings, in limited circumstances
The state gives families three years from the date of death to file a wrongful death lawsuit. Miss this deadline and you'll usually lose the right to pursue compensation entirely.
Your Options When The Driver Has No Insurance
Just because a driver lacks insurance doesn't mean your family has no recourse. We've helped many families in this exact situation. Several paths to compensation often exist, and you'd be surprised how many people don't realize they're already covered.
Uninsured Motorist Coverage
Check your deceased family member's auto insurance policy first. Most Washington policies include uninsured motorist coverage, which pays when an at-fault driver has no insurance. This coverage can compensate your family for medical bills, funeral expenses, lost income, and pain and suffering. Your own UM coverage may also apply if you lived with the deceased or were a passenger in their vehicle. These policies exist specifically for situations like this. Many families don't even know they have this protection until they need it.
The Driver's Personal Assets
You can file a lawsuit directly against the uninsured driver. If they own property, have significant assets, or earn a substantial income, a court judgment could lead to compensation. We'll investigate the driver's financial situation to determine if pursuing their personal assets makes sense for your case.
Some drivers have more resources than you'd expect. A judgment can remain enforceable for years. Wage garnishment or property liens can eventually produce recovery, even if it takes time.
Third-Party Liability
Sometimes other parties share responsibility for the fatal accident. That's why a Seattle wrongful death attorney will investigate whether additional defendants exist. Was there a vehicle manufacturer that created defective parts contributing to the crash? Did a government entity fail to maintain safe road conditions?
Maybe a bar or restaurant overserved alcohol to the driver. Or an employer might be liable for their employee's actions behind the wheel. These third parties typically carry insurance or have assets that can fund a settlement or verdict, which changes everything about your case's potential value.
Damages Available In Wrongful Death Cases
Washington law allows families to recover both economic and non-economic damages. Economic losses include medical expenses before death, funeral costs, lost wages, and the value of benefits the deceased would've provided. Non-economic damages cover loss of companionship, guidance, and the emotional impact on survivors.
At Herschensohn Law Firm, PLLC, we calculate the full value of your claim by examining your family's financial dependence on the deceased, the age and health of the victim, and the circumstances of their death. Insurance companies often undervalue these claims, particularly when they're dealing with UM coverage from your own policy. They're counting on you not knowing what your case is actually worth.
Why Legal Representation Matters
Insurance companies know that families grieving a loss are vulnerable. They'll use this to their advantage every single time. Quick settlement offers that fall far short of what your claim is worth? We see it constantly.
Adjusters will pressure families to accept inadequate amounts before they understand their full legal rights. Don't fall for it. Uninsured motorist claims involve your own insurance company, which might seem like it should simplify matters. In reality, your insurer often fights these claims just as hard as if you were suing them directly. They'll question liability, dispute damages, and look for any reason to minimize what they pay. You're a policyholder until you're a claimant, and then the relationship changes fast.
Families dealing with a wrongful death caused by an uninsured driver face both emotional trauma and financial uncertainty. You shouldn't have to figure this out alone while you're grieving. We work on a contingency basis, meaning you won't pay anything unless we recover compensation for your family. Contact us to discuss your specific situation and learn what options you have for holding the responsible party accountable.
