If you are involved in a car accident in Washington State, whether a minor fender bender or a serious crash, you need to know your legal rights and responsibilities. At Washington Injury Law, our Seattle car accident attorney represents clients in these cases, helping them get the compensation they need to recover. The following explains your legal options after a crash, provides an overview of Washington State car accident laws, and explains how they can impact your case.
Legal Options After a Washington State Car Accident
Car accidents in Seattle and throughout Washington State are traumatic events that leave victims shaken and often suffering serious injuries in the aftermath. Along with the physical and emotional toll, you could be left with heavy medical bills, property damages, and lost income.
Fortunately, there are several legal avenues for seeking compensation. Choosing the right one depends on the severity of your injuries, whether you have insurance, and who is at fault. You have three legal options:
- File a claim with your own insurance company: Washington State mandatory auto insurance requirements include personal injury and property damage protection.
- File a claim through the other driver’s insurer under Washington’s at-fault system.
- File a car accident lawsuit through the local civil court if insurance doesn’t cover all your damages or liability is contested.
While most claims get resolved through insurance, not every case settles fairly. If your losses exceed the at-fault party’s policy limits or if they deny responsibility, filing a lawsuit may be your best path forward.
Washington State Car Insurance Requirements
All drivers need to be aware of Washington State auto insurance requirements, as these impact your right to compensation if a crash happens. Mandatory minimum insurance coverage amounts include:
- $25,000 for injuries or death of one person in an accident caused by the policyholder;
- $50,000 for total injuries or death to all victims of the crash;
- $10,000 for property damage caused by the policyholder;
- If the driver prefers not to carry the required insurance coverage, they will need to either apply for a certificate of deposit with Washington’s Department of Licensing or have a liability bond for $60,000 or more.
Keep in mind, Washington is an at-fault state. Rather than seeking compensation through your insurer, you can hold at-fault drivers personally liable for your costs.
Deadlines and Reporting Requirements in Washington Car Accident Cases
Washington State car accident laws include strict timelines for both reporting the accident and filing a legal claim. Missing deadlines jeopardize your recovery. Here’s what you need to know:
- Reporting the Accident: Under RCW § 46.52.030, you must file a report with the Washington State Department of Transportation (WSDOT) within four days of any accident causing injury, death, or more than $1,000 in property damages if law enforcement does not investigate or file a report at the scene.
- Notifying your insurer: Deadlines and reporting requirements are generally outlined in your policy. Insurers typically require notification within days of a crash, or you could end up being denied payment.
- Filing a Lawsuit: Washington has a three-year statute of limitations (RCW § 4.16.080), meaning you have three years from the accident to file a claim in civil court.
Failing to report a Seattle car accident or file a claim within the required timelines jeopardizes your rights, regardless of the circumstances surrounding your crash or how strong your case is. Get legal help to ensure your claim stays on track and all deadlines are met.
Washington’s Comparative Negligence Rule
When Washington State car accidents happen, more than one party may share blame. Under the state’s pure comparative negligence rule (RCW § 4.22.005), you can still recover, but compensation is reduced by your percentage of fault. For example:
- You are in a car accident in Seattle and awarded $100,000 in damages;
- The court determines you are 20 percent at fault while the other driver is 80 percent responsible.
- Your recovery is reduced by 20 percent, meaning you are still entitled to $80,000.
Even if you’re 99 percent to blame for a car accident in Seattle, you may still be entitled to compensation under Washington State car accident laws. However, keep in mind that comparative negligence only applies to car accidents or other injury lawsuits. When dealing with insurers, admitting even partial liability can result in denied compensation.
Damages You May Be Entitled To Under Washington State Car Accident Laws
Washington State car accidents can cause devastating harm to drivers and their passengers. In addition to the heavy physical toll and mental suffering, victims often face significant financial losses. Washington state car accident laws protect your rights in this situation.
Under RCW § 64.40, damages available in a claim include compensation for:
- All current and future medical costs resulting from car accident injuries.
- Lost wages during the recovery period and lost earning capacity for projected long-term disabilities.
- Property damages, covering auto repair or replacement costs, and other damaged items.
- Pain and suffering, which includes compensation for emotional distress, physical discomfort, scarring, disfigurement, and loss of enjoyment in life due to your injuries.
Find Out How Washington State Laws Apply In Your Case. Contact Our Experienced Seattle Car Accident Attorney
Navigating Washington State car accident laws can be overwhelming when you’re also dealing with physical pain, emotional stress, and financial uncertainty. Insurance companies know this and often take advantage of it. That’s why you need a legal team that understands not only the legal landscape but the science and strategy behind every successful case.
At Washington Injury Law, we don’t back down from tough cases or big insurance companies. We prepare every claim as though it will go to trial, and we leverage our attorney’s scientific background to challenge faulty assumptions and support our clients with compelling evidence.
Whether your case involves clear-cut liability or complex shared fault, we’re here to help you move forward and maximize your compensation. Contact our office today to schedule a consultation with our experienced Seattle car accident attorney.