Key Highlights
- If you’ve been in a car crash in Washington state, generally, you have 3 years to file a personal injury claim with the court.
- Washington is a pure comparative fault state, which allows injured parties to recover damages from another party even if they are partly at fault for the crash.
- The minimum liability add-on coverage required under state law is $25,000/ $50,000/ $10,000.
- In some instances, you will need to file a Washington State Collision Report for the accident, regardless if police respond.
- Leaving the scene of an accident can escalate to criminal charges in Washington State.
Looking for a Washington Car Accident Lawyer Right Now?
Hundreds of thousands of Washington residents are injured in car accidents yearly, whether from the other driver or the negligent conduct of one or more parties involved.
Apart from physical injuries sustained from auto accidents, many victims also incur substantial financial obligations due to high amounts of medical bills, lost salaries due to time off from work, denied insurance claims, potential long-term effects of injury, and uncertainty around future finances.
I am Matthew Russell of Russell & Hill Law Firm representing people injured as a result of negligent drivers, uninsured drivers, reckless conduct, or violations of Washington State’s motor vehicle laws.
Is Washington a No Fault State for Car Accidents?
No. Washington is not a no fault Jurisdiction. There are a number of frequently asked questions regarding:
- Is Washington a no fault jurisdiction?
- Is Washington a no fault jurisdiction for automobile accidents?
- Is Washington an at fault jurisdiction?
Under the Washington State automobile accident statutes, the state uses an at fault system for the determination of liability. This means:
- The driver who causes the accident will be responsible for any losses suffered as a result of the accident.
- The insurance company of that driver is then responsible to pay for the losses resulting from the accident.
- You may file a claim directly against the at-fault driver.
- In the event a fair settlement is not offered, you have the right to bring an action against that driver.
This is unlike a no-fault jurisdiction, where the driver will be required to use their own insurance before they may pursue a claim against another driver.
How Is Fault Determined in a Car Accident in Washington State?
Liability is determined based on the evidence and traditional principles of liability as they relate to automobile accidents. Insurance companies and courts will evaluate the following when making a determination of liability:
- Police reports
- Washington State auto accident reports
- Witness statements
- Photographs and video of the accident scene
- Damage caused to vehicles in the accident
- Expert opinions regarding the accident
- Traffic violations committed by the at-fault driver in conjunction with the accident.
Pure Comparative Negligence in Washington
Washington operates under a system of pure comparative negligence (RCW 4.22.005), allowing your ability to receive damages even though you might have been at least partially negligent.
Example from a real-life case
In Tacoma, a client was struck in a T-bone collision at a traffic intersection. The other driver reportedly was driving through a red light, while the client was alleged to have been speeding. The insurance company sought to attribute 30% of the fault for the accident to the client. The total amount awarded to the victim was $315,000; this reflects Washington’s car accident liability law. If you were at least partially at fault for the accident you have been awarded damages for your injuries, you still may be entitled to recover a portion of your damages.
What to Do After a Car Accident in Washington State?
It’s important to take the following actions immediately after being involved in a car crash:
1. Call 911
In WA State, there’s an obligation to report the accident if:
- Someone has sustained injuries as a result of the accident
- The accident has incurred major damages to people’s or property’s possessions
- A driver appears too intoxicated to operate their vehicle
2. File a Washington State Collision Report
If police do not respond to your accident, you are required to file an accident report (collision report) within four days with the State of Washington Office of the Chief of Police. The following terms may refer to your collision report:
- State of Washington Accident Report
- Washington State Accident Report
- Collision Report State of Washington
- Washington State Accident Reports
Failure to file your accident report may adversely affect your rights regarding your injury claim.
3. Seek Medical Attention
Regardless of whether or not you feel like you were hurt in your vehicle accident, you should have a physician examine you. Some soft tissue injuries or concussions may take several hours before showing symptoms following your auto accident.
4. Notify Insurance
You are legally required to notify your automobile Insurance agent as soon as possible after a motor vehicle accident has occurred, according to Washington State’s motor vehicle Insurance requirements.
Minimum Insurance Requirements
Understanding Washington Auto Insurance Laws:
| Coverage Type | Minimum Required |
| Bodily Injury – Per Person | $25,000 |
| Bodily Injury – Per Accident | $50,000 |
| Property Damage | $10,000 |
These limits are often insufficient in serious crashes.
Is Uninsured Motorist Coverage Required?
Insurers must offer uninsured coverage to their policyholders, but it is not required by law. As a general rule (as the rate of uninsured drivers continues to rise), we strongly encourage you to carry uninsured motorist insurance for yourself.
If Someone Hits Your Car: Who Pays?
This is the most frequently asked question: If someone hits your car, who pays?
According to the law in Washington, the following are the rules:
- The driver or their insurer is responsible for paying claims arising from the accident.
- If the at-fault driver does not have insurance, then you would present a claim to your own insurance for your UM policy.
- If the at-fault driver has minimal liability coverage, then you would present a claim to your underinsured motorist policy (UIM).
- If liability is in dispute, litigation may be necessary.
We have had numerous cases where the insurance company denied any responsibility before providing coverage after they received evidence substantiating liability.
What Damages Can You Recover Under Washington State Car Accident Laws?
Victims of an automobile accident will be entitled to the following damages under Washington State Car Accident Laws:
Economic Damages
Your actual losses, including:
- Medical expenses
- Anticipated future medical costs
- Lost income
- Loss of ability to earn
- Vehicle damage
Non-Economic Damages
Your damages that cannot be quantified, including:
- Pain and suffering
- Mental anguish
- Loss of the ability to enjoy life
There is no cap on the amount of non-economic damages you can receive in Washington.
What Is the Average Settlement for a Car Accident in Washington State?
There isn’t an average or standard way to measure a case’s settlement value; however, there are factors involved with determining a specific amount for settling a case, which include:
- The severity of the injury
- The insurance limits available
- Fault allocation
- Any potential long-term disability issues
- The likelihood that jurors will award compensation in similar circumstances.
Typical Settlement Ranges
The Washington Traffic Safety Commission has reported that there are over 100,000 car accidents in WA state annually resulting in thousands of injuries.
| Injury Type | Typical Settlement Range |
| Minor soft tissue | $5,000 – $25,000 |
| Fractures / moderate injury | $25,000 – $150,000 |
| Surgical injury | $150,000 – $500,000+ |
| Catastrophic injury | $1M+ |
Each individual case can produce different results depending on individual circumstances. For example, we have successfully recovered settlements ranging from a low of $50,000 to a high of $10,000,000 based on the specific situation.
How Long After an Accident Can You Still Make a Claim?
The majority of car accident victims do not know that time limitations exist for filing an insurance claim due to a:
Insurance Claim Deadlines
There are insurance claim time limitations that usually require the insurance company to be notified within a few days; however, in Washington State.
Statute of Limitations
We also have time limitations for initiating lawsuits against a driver or owner of a vehicle involved in the accident (RCW 4.16.080), as follows:
- personal injury – three years for filing suit, and
- property damage – three years for filing suit.
If you have questions regarding how long after a car accident you have to sue in WA State or how long after an accident you have to file a claim, the answer to both questions is generally three years, but you should take action now. Any delay will often cause your case to be less viable.
Hit and Run Washington State Laws
In WA, the state law regarding the hit and run; it is considered very serious to leave an accident scene. If damage only happened to property, you may be charged with a gross misdemeanor. This can result in jail time as well as fines. However, if anyone was injured or killed then this is considered a felony charge and you may face prison time.
Washington State Revised Code of Washington 46.52.020 WA Statute regarding accident scene law.
If you are a hit-and-run victim:
- Immediately fill out an accident report to be submitted to WA state
- Use your uninsured motorist coverage.
- Preserve all of your evidence.
Leaving the Scene of an Accident Washington State: Criminal Consequences
Leaving the scene of an accident in Washington State and the criminal charges that can be brought against an individual are as follows:
- DUI
- Reckless driving
- Vehicular assault
- Vehicular homicide
All criminal charges will have no effect on any civil case you may have for injuries and you can continue to pursue compensation through a civil claim even if the criminal charge against the driver is still pending.
How Do Washington State Auto Insurance Claim Laws Protect You?
Under the WA auto insurance claim laws, the auto insurance provider must:
- Conduct a reasonable investigation of the accident
- Respond to you in a timely manner.
- Do not use unfair settlement practices.
The WA Office of the Commissioner for Insurance monitors the insurance companies for unfair claims processing. If your auto insurer uses unfair settlement practices you may be entitled to additional buyer’s remedies.
Auto Accident Recovery Washington State: What Makes a Strong Case?
Russell & Hill Law Firm has seen many successful car accident law cases based on the following items being in place:
- A history of immediate medical reporting
- Evidence of clear liability
- A pattern of consistent ongoing medical treatment
- No significant gaps in ongoing care
- Expert medical opinions
We recently had a King County client involved in a multi-vehicle accident with disputed liability between the three drivers involved. After litigation:
- Insurance initially offered $90,000
- Final recovery was over $750,000
Preparation is critical to be successful in this type of case.
Case Study: Car Accident Settlement Secured in Washington
By a Car Accident Attorney at Russell & Hill Law Firm
On I-5 in King County, a multi-vehicle accident changed this driver’s life when a distracted driver crossed multiple lanes at highway speeds. The driver suffered internal injuries, multiple fractures, required surgery, and had many months of rehabilitation before returning to work. Despite the severity of the driver’s injuries, the at-fault driver’s insurance company attempted to classify the claim as a “normal auto accident” and therefore subject to basic accident laws.
Russell & Hill Law Firm began our investigation of the accident immediately, obtaining the Washington State accident report, dash camera footage, preserving data from all vehicles involved, interviewing witnesses, and consulting accident reconstruction experts. Our investigation produced evidence establishing clear liability for the accident under Washington state car accident laws and discovery that the insurance carrier was incorrectly assessing future medical damages at a lower value. We prepared the case for trial while also working aggressively to negotiate full compensation for our client under Washington State auto insurance claim laws.
Result
Russell & Hill Law Firm has obtained a large settlement for medical costs, lost earnings, future disability and suffering. The settlement has given peace of mind and supported those injured in a car accident in Washington State.
Speak With a Washington Car Accident Lawyer Today
Russell and Hill Law Firm has been providing dependable representation to persons that have been injured throughout the state of Washington for over two decades. Our experienced Washington State car accident attorneys will work diligently to protect your legal rights after suffering significant injuries as the result of an auto accident.
Contact us today at 800-529-0842 to arrange a free consultation with a Washington car accident attorney.
Frequently Asked Questions
What is the average settlement for a car accident in Washington State?
Settlement averages vary widely; settlement amounts can depend on injury severity, insurance limits, liability disputes, and long-term effects of injury on an individual’s gainful employment opportunities.
Can you recover damages if you were partly at fault in Washington?
Washington follows the pure comparative negligence doctrine which means you may recover damages regardless of whether or not you were at fault.
What happens if the at-fault driver has no insurance?
In case the responsible party does not possess insurance, then you may initiate an action under your uninsured motorist coverage. Alternatively, you may bring your case directly against this individual to seek damages.
Do I need to file a Washington State collision report if police respond?
If law enforcement files a collision report at the scene, you generally will not need to submit a separate driver’s report next to it for insurance purposes.
Can I recover pain and suffering damages in Washington?
Yes. Washington law provides for pain and suffering, emotional distress, and loss of enjoyment from any and all types of injuries.
