Uninsured/Underinsured Motorist Complaint

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. First Cause of Action — Breach of Contract (UM/UIM Benefits)
8. Second Cause of Action — Bad Faith / Insurance Fair Conduct Act
9. Third Cause of Action — Violation of Consumer Protection Act
10. Damages
11. Arbitration vs. Litigation
12. Prayer for Relief
13. Verification

Caption

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF [COUNTY NAME]

Parties

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [CITY], [COUNTY] County, Washington, and is an insured under the automobile insurance policy described herein.

2. Defendant [INSURANCE COMPANY NAME] ("Defendant Insurer") is an insurance company authorized to transact business in the State of Washington, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages / ☐ whose identity is unknown (hit-and-run or phantom vehicle)].

Jurisdiction and Venue

4. This Court has jurisdiction over this action pursuant to RCW § 2.08.010 et seq.

5. Venue is proper in [COUNTY] County pursuant to RCW § 4.12.020 because [☐ the accident occurred in this county / ☐ Plaintiff resides in this county / ☐ Defendant transacts business in this county].

General Allegations

6. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY], in [CITY], [COUNTY] County, Washington.

7. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, causing a collision with Plaintiff's vehicle.

8. The Uninsured/Underinsured Motorist's negligent acts include but are not limited to:

☐ Failure to maintain a safe speed
☐ Failure to yield the right of way
☐ Failure to maintain a proper lookout
☐ Following too closely
☐ Driving under the influence of alcohol or drugs
☐ Running a red light or stop sign
☐ Improper lane change
☐ Distracted driving
☐ Other: [________________________________]

9. As a direct and proximate result of the collision, Plaintiff sustained serious bodily injuries, incurred medical expenses, lost wages, and experienced pain and suffering.

Policy Identification and Coverage

10. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

11. The Policy provides underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

12. The Policy provides underinsured motorist property damage coverage with limits of $[UIM PD LIMIT] per accident, subject to a deductible of $[DEDUCTIBLE AMOUNT].

13. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

14. Plaintiff did not execute a valid written rejection of UIM coverage as required by RCW § 48.22.030(2).

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) / Hit-and-Run Claim:

15. The at-fault motorist was uninsured at the time of the accident or is unknown (hit-and-run/phantom vehicle) within the meaning of RCW § 48.22.030, in that [☐ the at-fault motorist had no bodily injury liability insurance in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault vehicle is a phantom vehicle / ☐ the at-fault motorist's insurer is insolvent].

16. ☐ (If hit-and-run/phantom vehicle): The accident was reported to [LAW ENFORCEMENT AGENCY] within seventy-two (72) hours of the accident, as required by RCW § 48.22.030(3). Report No.: [REPORT NUMBER].

17. ☐ (If hit-and-run/phantom vehicle): The facts of the accident are corroborated by competent evidence other than the testimony of the insured, specifically: [DESCRIBE CORROBORATING EVIDENCE].

☐ Underinsured Motorist (UIM) Claim:

18. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is insufficient to compensate Plaintiff for the damages sustained, thereby qualifying as an "underinsured motor vehicle" under RCW § 48.22.030.

19. Plaintiff has exhausted or is prepared to exhaust the at-fault motorist's liability policy limits and has obtained [☐ a settlement / ☐ a judgment] in the amount of $[AMOUNT RECOVERED FROM TORTFEASOR].

20. Defendant Insurer was given written notice and the opportunity to consent to or advance the tortfeasor's policy limits before settlement.

First Cause of Action

Breach of Contract (UM/UIM Benefits)

21. Plaintiff incorporates by reference all preceding paragraphs.

22. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

23. Plaintiff has performed all conditions, covenants, and obligations required under the Policy, or has been excused from performance.

24. Defendant Insurer has breached the Policy by failing and refusing to pay UIM benefits owed to Plaintiff, despite Plaintiff's timely demand.

25. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial, but not less than $[ESTIMATED DAMAGES].

Second Cause of Action

Bad Faith / Violation of the Insurance Fair Conduct Act (RCW § 48.30.015)

26. Plaintiff incorporates by reference all preceding paragraphs.

27. Under Washington law, every insurance contract carries an implied duty of good faith and fair dealing requiring the insurer to act fairly and in good faith in handling claims.

28. Additionally, the Insurance Fair Conduct Act (IFCA), RCW § 48.30.015, provides a private cause of action for an insured who is unreasonably denied a claim for coverage or payment of benefits.

29. Defendant Insurer violated its duty of good faith and the IFCA by:

☐ Unreasonably denying a claim for coverage or payment of benefits
☐ Unreasonably delaying investigation of the claim
☐ Failing to conduct a thorough and fair investigation
☐ Failing to attempt in good faith to effectuate a prompt, fair, and equitable settlement
☐ Misrepresenting pertinent facts or policy provisions
☐ Compelling Plaintiff to initiate litigation/arbitration to recover amounts due
☐ Violating WAC § 284-30-330 (unfair claims settlement practices)
☐ Other: [________________________________]

30. Pursuant to RCW § 48.30.015(2), Plaintiff is entitled to treble damages if the Court finds that the insurer unreasonably denied a claim for coverage or payment of benefits, or violated any rule adopted under RCW § 48.30.010.

Third Cause of Action

Violation of the Consumer Protection Act (RCW § 19.86)

31. Plaintiff incorporates by reference all preceding paragraphs.

32. Defendant Insurer's conduct as described above constitutes unfair or deceptive acts or practices in the conduct of trade or commerce in violation of the Washington Consumer Protection Act, RCW § 19.86.020.

33. Defendant Insurer's violations of insurance regulations (WAC § 284-30-330) constitute a per se violation of the CPA.

34. Plaintiff has been injured in his/her business or property as a result of Defendant Insurer's violations.

Damages

35. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered and continues to suffer the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Emotional distress: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Treble damages under IFCA (RCW § 48.30.015)
☐ CPA damages (RCW § 19.86.090)
☐ Attorney's fees (Olympic Steamship doctrine; IFCA; CPA)
☐ Prejudgment interest
☐ Costs and disbursements

Arbitration vs. Litigation

36. ☐ The Policy contains an arbitration clause, and Plaintiff reserves the right to challenge the applicability of said clause to the extra-contractual claims asserted herein.

☐ The Policy does not contain an arbitration clause, and this matter shall proceed through normal litigation.

Prayer for Relief

WHEREFORE, Plaintiff prays for judgment against Defendant Insurer as follows:

1. For compensatory damages in an amount according to proof at trial;
2. For UIM policy benefits in the full amount owed under the Policy;
3. For treble damages pursuant to the Insurance Fair Conduct Act (RCW § 48.30.015);
4. For CPA damages pursuant to RCW § 19.86.090;
5. For attorney's fees under the Olympic Steamship doctrine, IFCA, and/or CPA;
6. For prejudgment interest as permitted by law;
7. For costs and disbursements incurred herein; and
8. For such other and further relief as this Court deems just and proper.

Verification

I, [PLAINTIFF FULL NAME], declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Dated: [__/__/____]

Signature: [________________________________]
Printed Name: [PLAINTIFF FULL NAME]

RESPECTFULLY SUBMITTED,

[ATTORNEY NAME], WSBA No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Washington [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Washington

Sources and References

• RCW § 48.22.030 — Washington Legislature
• RCW § 48.22.040 — Washington Legislature
• RCW § 48.30.015 — Insurance Fair Conduct Act
• Washington UM/UIM Claims — Kobes Legal
• Washington UM/UIM Insurance — Adler Giersch