Hit-and-run accidents are among the most devastating and legally complex types of motor vehicle collisions. The act of fleeing the scene not only violates the law in Washington State but also creates hurdles in the efforts to recover financial compensation for injured victims.
While any serious car crash can lead to liability concerns, hit-and-run accident legal issues can be more complicated. Identifying the at-fault party, finding evidence, and dealing with uninsured motorist (UM) claims may be more challenging in these cases. Be prepared to get a top-rated Washington auto collision attorney on your side to explore your best legal options in a hit-and-run accident case.
Hit-and-Run Accidents Under Washington Law
In Washington, a hit-and-run is defined as any situation where a driver involved in an accident fails to stop and provide the required information or render assistance. The law applies whether the accident involves another vehicle, a pedestrian, or property damage.
Under RCW 46.52.020, drivers involved in an accident resulting in injury, death, or property damage must:
- Stop at the scene of the accident
- Provide their name, address, vehicle registration, and insurance information
- Render reasonable aid to injured persons
- Notify law enforcement under certain circumstances
Failure to comply can lead to misdemeanor or felony charges, depending on the severity of the accident.
Unique Legal Challenges in Hit-and-Run Cases
Unlike conventional car accident claims, hit-and-run cases introduce significant uncertainties and legal barriers. Some of the most pressing challenges include:
Identifying the At-Fault Driver
The most immediate and obvious challenge is the absence of the at-fault driver. In a typical crash, both drivers remain at the scene and exchange information. But in a hit-and-run, the injured party is generally left with no identifiable defendant. Without identifying the driver or license plate, it becomes extremely difficult to:
- File a liability insurance claim
- Obtain witness statements tied to a specific person
- Subpoena surveillance footage from nearby businesses unless there’s probable cause
In some cases, law enforcement may not pursue minor hit-and-runs aggressively unless injuries are involved, leaving victims with few leads.
Delays in Reporting and Investigation
Victims of hit-and-run accidents may be in shock, injured, or disoriented—leading to delays in reporting the incident. However, insurers often impose strict timelines for reporting a hit-and-run, especially when the claim is under uninsured motorist coverage. For example:
- Uninsured motorist policies typically require prompt notice of the accident
- Delays may be cited as a reason to deny the claim
- Police reports are often required by insurers as a condition of coverage
The victim may face an uphill battle trying to justify any delay, even if it was reasonable due to medical emergencies.
Gathering Sufficient Evidence
Hit-and-run accident claims often suffer from a lack of physical or testimonial evidence. Victims may be unable to provide:
- A license plate number
- A clear description of the fleeing vehicle
- Eyewitnesses willing to go on record
- Footage from nearby traffic or surveillance cameras
Without clear proof that another vehicle was involved and that the accident was not the result of the claimant’s negligence, insurance companies may dispute the claim or minimize payout amounts.
Proving Contact or Evasive Action
Washington courts and insurance companies generally require proof that the hit-and-run involved actual contact with another vehicle or that evasive action was taken to avoid a collision. If a driver swerves to avoid an aggressive or negligent driver and crashes without physical contact, it can trigger significant legal debate.
Unless a third-party witness corroborates the claimant’s version of events, or video evidence exists, it becomes difficult to establish that the unidentified driver was at fault and that UM coverage applies.
Insurance Challenges in Hit-and-Run Cases
In the absence of an identified at-fault driver, victims typically turn to their own uninsured motorist (UM) coverage. However, this process is fraught with its own set of obstacles.
Washington’s UM/UIM Coverage Framework
Under RCW 48.22.030, insurers in Washington must offer uninsured and underinsured motorist (UM/UIM) coverage with every auto insurance policy, although policyholders may reject it in writing. UM/UIM coverage provides compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage (if Uninsured Motorist Property Damage, or UMPD, is purchased)
For hit-and-run victims, UM coverage is usually the only viable source of compensation.
Contractual Limitations and Exclusions
UM policies may contain clauses that complicate hit-and-run claims:
- Notice Requirements: The policy may require notice “as soon as practicable,” and insurers may deny claims for failure to comply even if the delay was due to trauma or hospitalization.
- Physical Contact Requirement: Some policies require actual physical contact between vehicles. If the hit-and-run involved a swerve or evasive maneuver without contact, the insurer may argue that the event is not covered.
- Corroborating Evidence: Many policies require independent corroboration, such as witness testimony or a police report, to establish that a hit-and-run occurred.
Because of these conditions, victims can find their claims delayed, undervalued, or denied outright. You should choose a Washington attorney with experience handling hit-and-run accident claims, such as the car crash lawyers at Jacobs and Jacobs Personal Injury Law Group.
Disputed Damages and Bad Faith
Even when coverage is accepted, disputes may arise regarding the extent of injuries, the necessity of medical treatment, or value of the claim. Some insurers may engage in bad faith tactics, including:
- Unreasonably low settlement offers
- Delays in processing claims
- Requests for excessive documentation
- Pressuring claimants to settle quickly before full injuries are known
Victims may need to pursue legal action under Washington’s Insurance Fair Conduct Act (RCW 48.30.015) if the insurer violates the duty of good faith.
Criminal vs. Civil Proceedings in Hit-and-Run Cases
While hit-and-run crashes are criminal offenses in Washington, pursuing criminal charges does not guarantee civil compensation. Even if a driver is caught and prosecuted:
- The prosecutor’s goal is punishment, not restitution
- Victims may need to file a separate civil lawsuit to recover damages
- Criminal proceedings may move slowly, delaying access to necessary evidence
If the at-fault driver is uninsured or underinsured, civil recovery may be limited, further reinforcing the importance of UM/UIM coverage.
Special Considerations for Pedestrians and Cyclists
Pedestrians and cyclists involved in hit-and-run accidents face additional challenges:
- They are more likely to suffer serious or catastrophic injuries.
- There is typically no vehicle to follow or identify, as the driver may flee immediately.
- Victims may lack auto insurance and may not know they can access UM coverage under a household member’s policy.
In addition, they may need to rely on personal health insurance initially and face uphill battles recovering costs for ongoing medical care, lost income, and pain and suffering.
Role of Surveillance Cameras and Technological Tools
Due to the difficulty of identifying hit-and-run drivers, technological tools can be essential in supporting claims:
- Surveillance footage from nearby businesses, ATMs, or homes
- Dashcam video from the victim’s vehicle
- Traffic camera data (although these are usually not publicly accessible)
- Smartphone footage or social media tips
However, securing this evidence quickly is critical, as most businesses overwrite surveillance within a few days. Victims or their legal representatives must act swiftly to preserve this information.
Statute of Limitations for Hit-and-Run Claims in Washington
Under RCW 4.16.080, the general statute of limitations for personal injury and property damage claims in Washington is three years from the date of the accident. However, insurance policies may impose much shorter contractual limitation periods for filing claims, sometimes as short as one year. Failure to act promptly may result in forfeiture of insurance claims and legal rights.
Steps You Should Take After a Hit-and-Run Accident
Victims of hit-and-run accidents in Washington should take the following immediate steps:
- Call 911 – Report the crash and request police documentation. Even if no officer arrives, making a report is crucial for your claim.
- Seek Medical Attention – Prioritize your health and create a medical record of the injury.
- Gather Evidence – Take photos, collect contact info from witnesses, and ask nearby businesses for surveillance footage.
- Notify Your Insurer – Report the accident promptly and document all communications.
- Consult a Legal Professional – Given the complexities of hit-and-run claims, early legal representation can make a substantial difference.
Our Skilled Washington Hit-and-Run Accident Lawyers are Ready to Represent You
If you or someone you love has been the victim of a hit-and-run accident in Washington, you need a trusted legal team with the experience, tenacity, and compassion to fight for justice. At Jacobs and Jacobs, we have helped more than 10,000 clients in the past decade and have been building trust for generations since 1893.
Our family-led firm has served the Puget Sound region for over a century through wars, decades of legal evolution, and shifting insurance regulations. We understand how overwhelming and unfair hit-and-run accidents can be, and we are here to investigate, build your claim, and fight for the maximum compensation you may be entitled to.
Our Washington hit-and-run accident attorneys offer flexible meeting options in person, by phone, or via Zoom. If you cannot come to us, we will come to you. At Jacobs and Jacobs, we are prepared to take your burdens and will fight tooth and nail to hold the negligent parties accountable. To schedule your free case evaluation, call us 24/7 at 253-342-4965 or contact us online.