Car accidents can leave parties involved having to cope with overwhelming financial burdens, including mounting medical bills, lost wages, and other unforeseen expenses. In Spokane, Washington, where state law requires drivers to maintain minimum liability insurance, many victims discover that the costs of a severe accident often exceed these limits.
This situation leaves victims with pressing questions: What happens next, and how can I recover the remaining damages?
At The Gilbert Law Firm, our experienced legal team has helped countless Spokane residents navigate the complexities of accidents that exceed insurance limits. This blog explains what happens in these cases, outlines your options, and highlights how legal support can make a crucial difference.
What Are Washington’s Minimum Insurance Requirements?
Under Washington state law, drivers are required to carry liability insurance that meets minimum coverage thresholds to ensure compensation for damages caused by an accident. As of 2025, the minimum requirements are:
- $25,000 for bodily injury or death per person.
- $50,000 for bodily injury or death per accident (if multiple individuals are injured).
- $10,000 for property damage.
These amounts are outlined in the Revised Code of Washington (RCW) 46.30, which mandates liability insurance for all drivers. While these minimums are intended to provide a safety net, they are often insufficient for serious accidents involving catastrophic injuries or extensive property damage. Consulting a legal professional can help you explore additional options for compensation and ensure your rights are protected.
Factors Why Minimum Insurance Coverage Is Often Insufficient
In accidents involving severe injuries or significant property damage, costs can quickly exceed the limits of the at-fault driver’s insurance policy. Consider the following factors:
- Medical Expenses: Emergency room visits, surgeries, and hospital stays can cost tens of thousands of dollars.
- Long-Term Care: Rehabilitation, physical therapy, and ongoing treatments can result in continued expenses.
- Vehicle Repairs or Replacement: Modern vehicles, especially high-end or electric models, often cost more than $10,000 to repair or replace.
When damages surpass the policy limits, victims are left with a financial gap and must explore other avenues to recover the remaining costs. Washington’s RCW 4.22.070, which governs comparative negligence, plays a critical role in such situations.
Under this statute, victims can still recover damages even if they are partially at fault. However, their compensation will be reduced proportionally to their share of fault, making liability a crucial factor in maximizing recovery. Working with an attorney can provide valuable guidance to strengthen your claim and help you in the process of pursuing the compensation you deserve.
What Happens When Damages Exceed Insurance Limits?
When the at-fault driver’s insurance policy is insufficient to cover all damages, several scenarios may arise:
1. The Insurance Company Pays Up to the Policy Limit
Insurance providers are only obligated to pay the maximum amount specified in the policy. For instance:
If medical expenses total $60,000, but the policy limit for bodily injury per person is $25,000, the victim is left with $35,000 in uncovered expenses.
2. The Victim May Pursue the At-Fault Driver Personally
Victims have the right to file a lawsuit against the at-fault driver for the remaining damages. However, this approach presents challenges:
- The at-fault driver may lack sufficient personal assets to satisfy a judgment.
- Collecting the awarded amount can be a lengthy and complex process.
3. Utilizing Underinsured Motorist (UIM) Coverage
Washington’s RCW 48.22.030 outlines the requirements for uninsured and underinsured motorist coverage, offering victims additional protection in these situations. UIM coverage is designed to step in when the at-fault driver’s policy is insufficient. While optional, it can provide critical financial relief. For example:
If your UIM policy limit is $50,000, it can help cover additional medical expenses, lost wages, or other costs.
4. Accessing Additional Insurance Policies
Other policies may provide compensation, including:
- Employer Policies: If the at-fault driver was working at the time of the accident, their employer’s insurance may apply.
- Umbrella Policies: These policies provide extended coverage beyond standard liability limits.
Steps to Consider After Your Accident in Spokane Exceeds Insurance Limits
If you’re faced with uncovered damages after a car accident, taking the following steps can improve your chances of obtaining compensation:
1. Document All Damages
Keep thorough records of:
- Police report, medical expenses, treatment plans, and ongoing care needs.
- Vehicle repair or replacement estimates.
- Lost wages or diminished earning capacity.
- Pain and suffering, such as emotional distress or reduced quality of life.
2. File a Claim With Your Insurance
If you carry UIM coverage or other applicable policies, file a claim with your insurance provider. Be prepared to provide detailed documentation of your damages.
3. Consult an Attorney
A car accident attorney can evaluate your case and determine the best course of action to pursue additional compensation. This may include identifying other sources of coverage or filing a lawsuit.
How The Gilbert Law Firm Can Help
At The Gilbert Law Firm, our car accident attorneys understand how stressful it is to navigate insurance claims and legal processes after a car accident. Here’s how we assist Spokane residents facing uncovered damages:
- Case Evaluation: We’ll analyze your accident to determine all potential sources of compensation.
- Negotiation with Insurers: Our team has extensive experience negotiating with insurance companies to maximize settlements.
- Legal Action: If necessary, we’ll help you pursue lawsuits or access additional policies to recover what you’re owed.
Our dedicated attorneys are committed to helping Spokane residents recover after car accidents and get the compensation they deserve.
Contact Our Experienced Car Accident Attorneys at The Gilbert Law Firm Today
At The Gilbert Law Firm, we understand the emotional and financial stress you’re experiencing, and we’re here to provide the compassionate guidance, unwavering support, and dedicated advocacy you deserve.
Contact us at (509) 321-0750 or visit our website to schedule a free consultation. Let us help you secure the compensation you need for a full recovery.
