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Automobile Insurance Subrogation: In All 50 States - Hardcover
Automobile Insurance Subrogation: In All 50 States - Electronic
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§ 4.48 WASHINGTON
§ 4.48[1] Subrogation Rights
Washington recognizes equitable and contractual subrogation.1
Subrogation is an Equitable Doctrine the essential purpose of which
is to provide for a proper allocation of payment responsibility; it
seeks to impose ultimate responsibility for a wrong or loss on the
party who, in equity and good conscience, ought to bear it.2
Subrogation is favored in Washington law.3 The right to
reimbursement under law of subrogation may arise by operation of
law, termed “legal subrogation” or “equitable subrogation,” or by
contract, called “conventional subrogation.”4
§ 4.48[2] Automobile Insurance Coverage
All Washington drivers must have insurance. If someone drives a
vehicle that is registered in Washington, he must have an insurance
policy covering the vehicle or a bond.5
Liability Coverage. An automobile policy must have minimum
liability limits covering bodily injury or death of one person of not
less than $25,000 for any one accident, and $50,000 because of
bodily injury or death of two or more persons in any one accident.6
Also required is coverage for injury to or the destruction of property
of others with minimum limits of $10,000.7
As of 2010, Washington has 4,154,501 licensed drivers and 11%
to 15% of them are uninsured.8
Uninsured and Underinsured Motorists (UM/UIM) Coverage. UM
and UIM coverage is optional in Washington State. Such coverage
must be offered by the insurance carrier and rejected in writing by
the policyholder if they do not want this additional coverage.9 It must
be offered in minimum limits equal to the third-party liability
coverage offered under the policy.10 UM/UIM coverage pays for
medical expenses, lost wages, and other damages when the insured,
authorized drivers, or passengers are injured in an accident caused by
a driver who has insufficient auto insurance coverage.
Personal Injury Protection (PIP) Coverage. PIP coverage is not
required. Washington is an add-on PIP state. An add-on PIP state
provides for first-party PIP benefits, but does not place any
limitations on the ability to sue for tort liabilities. PIP benefits are
consequently an “add-on” to their auto insurance policies, and those
add-ons are either compulsory or optional depending on the state.
Every policy must offer PIP coverage as an optional coverage.11 The
insured may reject such coverage, in writing.
Gary Wickert is an insurance trial lawyer and is regarded as one of the world's leading experts on insurance subrogation. He is also the author of several subrogation books and legal treatises and is a national and international speaker and lecturer on subrogation and motivational topics. After 15 years as the youngest managing partner in the history of the 30-lawyer Houston law firm of Hughes, Watters & Askanase, L.L.P., Mr. Wickert returned to his native Wisconsin in 1998 and co-founded the subrogation firm of Matthiesen, Wickert & Lehrer, S.C. He oversees a National Recovery Program which includes a network of nearly 285 contracted subrogation law firms in all 50 states, Mexico, Canada and the United Kingdom and boasts recoveries of more than $500 million in recoveries and credits for more than 200 insurance companies. Licensed in both Texas and Wisconsin, Mr. Wickert is double board-certified in both personal injury law and civil trial law by the Texas Board of Legal Specialization. He is also certified as a Civil Trial Advocate by the National Board of Trial Advocacy, for whom he has both written and graded the product liability questions contained on the NBTA national certification exam taken by trial lawyers around the country. For 25 years, Mr. Wickert has served as an expert witness and insurance consultant on subrogation and insurance related issues and has been consulted by insurance carriers, lawyers, and legislative bodies from several states. He is a licensed arbitrator and has attended more than 750 mediations in more than 30 different states. He has represented subrogated insurance carriers in every state, and has been admitted pro hac vice in 17 states. Gary Wickert has worked with the Texas Legislative Oversight Committee in rewriting their workers' compensation subrogation statutes, has served on the Board of the National Association of Subrogation Professionals, and has been cited as an authority on workers' compensation subrogation by several appellate courts, including the Texas Court of Appeals. He is one of only a few lawyers to have ever represented a subrogated carrier before the United States Supreme Court, and was named as one of Law & Politics magazine's "Super Lawyers" for 2005, 2006, and 2007.
