Legal Question in Civil Rights Law in Washington

Re: I was in an accident with someone DUI, I didn't have insurance, who is at fault?

The issue of fault would be determined by a fact finder (judge, jury, arbitrator, etc). The fact description you have provided would support his being at fault, but that does not mean you win (on failure to yield and on civil liability), only that the facts as you have described them would support your winning. The other driver may tell a different story (and who the fact finder believes is unpredictable). I can say that his intoxication would go some ways to showing that his faculties (ability to operate vehicle correctly, perceive events and recall events) may have been impaired (the higher his BAC the stronger this argument gets). One of the benefits of insurance is that they will pay for your defense in a civil suit. Your winning the failure to yield (your infraction) and his losing his DUI (criminal charge) would raise doubts with his insurance company on the civil liability (but is not determinative). The failure to have insurance is also an infraction, and you would clearly lose on that (although even that may be dismissed if you are found to not at fault and get insurance in a reasonable time). I practice in Kitsap County, and done DUI and traffic cases. We should talk.