Washington · Car accident · Updated
Car accident cases in Washington: the rules and the lawyers
The deadline to file, the fault rule and the other Washington rules that matter for a car accident case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in Washington that take car accident cases yet.
At a glance
Checked 6 Nov 2026 · Not legal advice
Deadline to file
3 years
In Washington, most injury lawsuits must be filed in court within three years1.
If you were partly at fault
Pure comparative fault
In Washington, your own share of the fault lowers what you can recover, but it does not stop you from recovering2.
Firms we list
0 firms
None yet for car accident cases.
Know this first
Step 1: Three years to file in court
3 yearsfor most injury lawsuits
In Washington, most injury lawsuits must be filed in court within three years1.
Wrongful death: the basics explains these claims.
The list of Washington deadlines below gives the exceptions with the statute text.
The law, as written
Personal injury3 years
In Washington, an action for injury to the person must be commenced within three years1.
If the state, a city, a county or another public body was involved
Step 2: Claims against the state or a city: a claim, then a 60-day wait
In Washington you can’t go straight to court against a government body. You must first file a written claim. Then you must wait 60 days before you sue.
- The state: file with the office of risk managementA claim against the state, or a state worker acting in that job, goes to the state’s office of risk management3. It must be on the standard tort claim form3.
- A city, county or other local body: file with its agentA claim against a local body goes to the agent its governing body names. It must be filed within the time limit for the lawsuit itself4. It goes on the standard tort claim form or the body’s own form4.
- Then wait 60 daysYou can’t sue until 60 calendar days after the claim is filed54. Those 60 days don’t count against your three years54.
The law also gives a short grace period after the 60 days end54.
Ask a lawyer early
The claim has rules about who gets it, which form to use and what it says. Ask a lawyer before you send it.
The law, as written
Claims against the State of WashingtonClaim + 60 days before suit
In Washington, a tort claim against the state or a state officer, employee or volunteer must first be presented under RCW 4.92.1003, and no action may be commenced until 60 calendar days after the claim is presented5. The limitations period is tolled during that 60-day period, and the statute contains a short grace period after it ends5.
Claims against local governmentsClaim + 60 days before suit
In Washington, a tort action against a local governmental entity may not be commenced until 60 calendar days after the claim is presented to the entity's agent, and the limitations period is tolled during those 60 days4. An action commenced within five court days after the 60 calendar days have elapsed is deemed to have been presented on the first day after that period4.
More detail
The claim goes to the agent the entity's governing body appoints, within the limitations period, on the standard tort claim form or the entity's own form4.
Good to know
Step 3: If you were partly at fault
In Washington, your damages (the money for your harm) are cut by your share of the fault. Your own fault does not stop your claim2.
- Damages the court finds
- $100,000
- Your share of the fault: 20%
- You recover $80,000
- Your share of the fault: 50%
- You recover $50,000
- Your share of the fault: 90%
- You recover $10,000
These numbers only show how the percentages work. They are not typical amounts. In Washington even a large share of the fault does not bar the claim. It only lowers the amount2.
If more than one person is at fault, each one usually pays only their own share. The law has some exceptions6.
This is one reason not to guess about fault, or agree to a version of events, when an insurance company asks. Talking to the other driver’s insurance company has more on those calls.
The law, as written
Fault modelPure comparative fault
In Washington, contributory fault chargeable to the claimant diminishes proportionately the damages awarded but does not bar recovery2.
If you were hurt in a car crash, or hit while walking
Step 4: Car crashes: the other driver’s insurance, and your own
After a crash in Washington, a claim for your injuries is usually made against the driver at fault. Their liability insurance covers harm the law holds that driver responsible for7. Your own share of the fault still counts, as the section above explains.
- The minimum the law requiresA driver must have liability insurance, or another cover the law allows8. The minimum is $25,000 for one person hurt and $50,000 for everyone hurt in one crash. For damage to property it is $10,0009.
- Underinsured cover, unless you said no in writingA Washington car policy must include underinsured motorist cover. It is the same amount as your liability cover, unless you or your spouse turned it down in writing7. It helps when the driver at fault has no insurance, or too little to pay for your harm7. It also covers hit-and-run drivers7.
- PIP is offered tooYour insurance company must also offer personal injury protection, called PIP. You can turn it down in writing10. The basic level pays up to $10,000 for medical and hospital bills and $2,000 for a funeral. It pays up to $10,000 for lost income, at no more than $200 a week11.
- At the sceneIf anyone is hurt, each driver must stop and stay at the scene12. If only cars or things are damaged, move your car off the main road to a safe place nearby, then stay there12.
- Share details and helpDrivers must give their name, address, insurance company, policy number and plate number, and show their driver’s license. They must help anyone hurt get to a doctor or hospital if needed. Doing this is not proof that you were at fault12.
See a doctor soon
Get checked after a crash even if you feel fine. It protects your health, and it creates a record. What to do after a car accident covers the first days step by step.
If they were under 18
Step 5: If the injured person is a child
If the injured person was under 18 when the claim arose, the clock waits until they turn 18. The same rule covers some people who can’t understand a court case, and people jailed on a charge before sentencing13.
Don’t wait for the child to grow up
Evidence and witnesses fade. A parent or guardian can ask a lawyer about the dates now.
The law, as written
Minors and incapacityTolled until 18
In Washington, the limitations period is tolled while the claimant is under 18, incompetent or disabled to the extent the statute describes, or imprisoned on a criminal charge before sentencing13.
More detail
The current RCW 4.16.190 is a single paragraph with no medical-negligence exception. RCW 4.16.350 still says that, notwithstanding RCW 4.16.190, a custodial parent's or guardian's knowledge is imputed to a minor and bars the minor's claim as it would an adult's14.
Next
Step 6: What to do with this
- Write down the datesThe day you were hurt, the day you found out what caused it, and anything an insurance company, government body or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. Find injury law firms in Washington, listed A–Z or by distance, never ranked.
- Ask each firmWhich deadline applies to me, do I need to file a claim with a government body first, and by when?
More Washington rules
This page keeps to the rules that matter most for a car accident case. The Washington page has all of them.
Injured in Washington: all deadlines and rules
Other case types in Washington:
After a car accident: the general guide
Plain steps after a crash: stay safe, get care, keep a record, talk to insurance companies carefully, and learn your state’s deadline to file.
How to check a lawyer’s license in Washington
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take car accident cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- RCW 4.16.080“The following actions shall be commenced within three years: ... (2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;”Read the source: RCW 4.16.080
- RCW 4.22.005“In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery.”Read the source: RCW 4.22.005
- RCW 4.92.100“(1) All claims against the state, or against the state's officers, employees, or volunteers, acting in such capacity, for damages arising out of tortious conduct, must be presented to the office of risk management. ... For claims for damages presented after July 26, 2009, all claims for damages must be presented on the standard tort claim form that is maintained by the office of risk management.”Read the source: RCW 4.92.100
- RCW 4.96.020“(2) ... All claims for damages against a local governmental entity, or against any local governmental entity's officers, employees, or volunteers, acting in such capacity, shall be presented to the agent within the applicable period of limitations within which an action must be commenced. ... (3) For claims for damages presented after July 26, 2009, all claims for damages must be presented on the standard tort claim form that is maintained by the office of risk management in the department of enterprise services, except as allowed under (c) of this subsection. ... (4) No action subject to the claim filing requirements of this section shall be commenced against any local governmental entity, or against any local governmental entity's officers, employees, or volunteers, acting in such capacity, for damages arising out of tortious conduct until sixty calendar days have elapsed after the claim has first been presented to the agent of the governing body thereof. The applicable period of limitations within which an action must be commenced shall be tolled during the sixty calendar day period. For the purposes of the applicable period of limitations, an action commenced within five court days after the sixty calendar day period has elapsed is deemed to have been presented on the first day after the sixty calendar day period elapsed.”Read the source: RCW 4.96.020
- RCW 4.92.110“No action subject to the claim filing requirements of RCW 4.92.100 shall be commenced against the state, or against any state officer, employee, or volunteer, acting in such capacity, for damages arising out of tortious conduct until sixty calendar days have elapsed after the claim is presented to the office of risk management in the department of enterprise services. The applicable period of limitations within which an action must be commenced shall be tolled during the sixty calendar day period. For the purposes of the applicable period of limitations, an action commenced within five court days after the sixty calendar day period has elapsed is deemed to have been presented on the first day after the sixty calendar day period elapsed.”Read the source: RCW 4.92.110
- RCW 4.22.070“(1) In all actions involving fault of more than one entity, the trier of fact shall determine the percentage of the total fault which is attributable to every entity which caused the claimant's damages except entities immune from liability to the claimant under Title 51 RCW. ... (b) If the trier of fact determines that the claimant or party suffering bodily injury or incurring property damages was not at fault, the defendants against whom judgment is entered shall be jointly and severally liable for the sum of their proportionate shares of the claimants [claimant's] total damages.”Read the source: RCW 4.22.070
- RCW 48.22.030“(1) "Underinsured motor vehicle" means a motor vehicle with respect to the ownership, maintenance, or use of which either no bodily injury or property damage liability bond or insurance policy applies at the time of an accident, or with respect to which the sum of the limits of liability under all bodily injury or property damage liability bonds and insurance policies applicable to a covered person after an accident is less than the applicable damages which the covered person is legally entitled to recover. (2) No new policy or renewal of an existing policy insuring against loss resulting from liability imposed by law for bodily injury, death, or property damage, suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle shall be issued with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of underinsured motor vehicles, hit-and-run motor vehicles, and phantom vehicles because of bodily injury, death, or property damage, resulting therefrom, except while operating or occupying a motorcycle or motor-driven cycle, and except while operating or occupying a motor vehicle owned or available for the regular use by the named insured or any family member, and which is not insured under the liability coverage of the policy. … (3) Except as to property damage, coverage required under subsection (2) of this section shall be in the same amount as the insured's third party liability coverage unless the insured rejects all or part of the coverage as provided in subsection (4) of this section. … (4) A named insured or spouse may reject, in writing, underinsured coverage for bodily injury or death, or property damage, and the requirements of subsections (2) and (3) of this section shall not apply. If a named insured or spouse has rejected underinsured coverage, such coverage shall not be included in any supplemental or renewal policy unless a named insured or spouse subsequently requests such coverage in writing. …”Read the source: RCW 48.22.030
- RCW 46.30.020“(1)(a) No person may operate a motor vehicle subject to registration under chapter 46.16A RCW in this state unless the person is insured under a motor vehicle liability policy with liability limits of at least the amounts provided in RCW 46.29.090, is self-insured as provided in RCW 46.29.630, is covered by a certificate of deposit in conformance with RCW 46.29.550, or is covered by a liability bond of at least the amounts provided in RCW 46.29.090. …”Read the source: RCW 46.30.020
- RCW 46.29.090“(1) No policy or bond is effective under RCW 46.29.080 unless issued by an insurance company or surety company authorized to do business in this state, except as provided in subsection (2) of this section, nor unless such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than twenty-five thousand dollars because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, to a limit of not less than fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and if the accident has resulted in injury to, or destruction of, property to a limit of not less than ten thousand dollars because of injury to or destruction of property of others in any one accident.”Read the source: RCW 46.29.090
- RCW 48.22.085“(1) No new automobile liability insurance policy or renewal of such an existing policy may be issued unless personal injury protection coverage is offered as an optional coverage. (2) A named insured may reject, in writing, personal injury protection coverage and the requirements of subsection (1) of this section shall not apply. If a named insured rejects personal injury protection coverage: (a) That rejection is valid and binding as to all levels of coverage and on all persons who might have otherwise been insured under such coverage; and (b) The insurer is not required to include personal injury protection coverage in any supplemental, renewal, or replacement policy unless a named insured subsequently requests such coverage in writing.”Read the source: RCW 48.22.085
- RCW 48.22.095“(1) Insurers providing automobile insurance policies must offer minimum personal injury protection coverage for each insured with benefit limits as follows: (a) Medical and hospital benefits of ten thousand dollars; (b) A funeral expense benefit of two thousand dollars; (c) Income continuation benefits of ten thousand dollars, subject to a limit of two hundred dollars per week; and (d) Loss of services benefits of five thousand dollars, subject to a limit of two hundred dollars per week.”Read the source: RCW 48.22.095
- RCW 46.52.020“(1) A driver of any vehicle involved in an accident resulting in the injury to or death of any person or involving striking the body of a deceased person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to, and in every event remain at, the scene of such accident until he or she has fulfilled the requirements of subsection (3) of this section; every such stop shall be made without obstructing traffic more than is necessary. (2)(a) The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person or damage to other property must move the vehicle as soon as possible off the roadway or freeway main lanes, shoulders, medians, and adjacent areas to a location on an exit ramp shoulder, the frontage road, the nearest suitable cross street, or other suitable location. The driver shall remain at the suitable location until he or she has fulfilled the requirements of subsection (3) of this section. Moving the vehicle in no way affects fault for an accident. … (3) Unless otherwise provided in subsection (7) of this section the driver of any vehicle involved in an accident resulting in injury to or death of any person, or involving striking the body of a deceased person, or resulting in damage to any vehicle which is driven or attended by any person or damage to other property shall give his or her name, address, insurance company, insurance policy number, and vehicle license number and shall exhibit his or her vehicle driver's license to any person struck or injured or the driver or any occupant of, or any person attending, any such vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person or on his or her behalf. Under no circumstances shall the rendering of assistance or other compliance with the provisions of this subsection be evidence of the liability of any driver for such accident.”Read the source: RCW 46.52.020
- RCW 4.16.190“Unless otherwise provided in this section, if a person entitled to bring an action mentioned in this chapter, except for a penalty or forfeiture, or against a sheriff or other officer, for an escape, be at the time the cause of action accrued either under the age of eighteen years, or incompetent or disabled to such a degree that he or she cannot understand the nature of the proceedings, such incompetency or disability as determined according to chapter 11.130 RCW, or imprisoned on a criminal charge prior to sentencing, the time of such disability shall not be a part of the time limited for the commencement of action.”Read the source: RCW 4.16.190
- RCW 4.16.350“Any civil action for damages for injury occurring as a result of health care which is provided after June 25, 1976, against: (1) ... (2) ... or (3) ... based upon alleged professional negligence shall be commenced within three years of the act or omission alleged to have caused the injury or condition, or one year of the time the patient or his or her representative discovered or reasonably should have discovered that the injury or condition was caused by said act or omission, whichever period expires later, except that in no event shall an action be commenced more than eight years after said act or omission: PROVIDED, That the time for commencement of an action is tolled upon proof of fraud, intentional concealment, or the presence of a foreign body not intended to have a therapeutic or diagnostic purpose or effect, until the date the patient or the patient's representative has actual knowledge of the act of fraud or concealment, or of the presence of the foreign body; the patient or the patient's representative has one year from the date of the actual knowledge in which to commence a civil action for damages. For purposes of this section, notwithstanding RCW 4.16.190, the knowledge of a custodial parent or guardian shall be imputed to a person under the age of eighteen years, and such imputed knowledge shall operate to bar the claim of such minor to the same extent that the claim of an adult would be barred under this section. ... [2011 c 336 s 88; 2006 c 8 s 302. Prior: 1998 c 147 s 1; 1988 c 144 s 2; ...]”Read the source: RCW 4.16.350
- Fast v. Kennewick Pub. Hosp. Dist., 187 Wn.2d 27, 384 P.3d 232 (2016)
- DeYoung v. Providence Med. Ctr. (Wash. 1998)
- RCW 7.70.110“The making of a written, good faith request for mediation of a dispute related to damages for injury occurring as a result of health care prior to filing a cause of action under this chapter shall toll the statute of limitations provided in RCW 4.16.350 for one year.”Read the source: RCW 7.70.110
- Schroeder v. Weighall, 179 Wn.2d 566, 316 P.3d 482 (2014)Read the source: Schroeder v. Weighall, 179 Wn.2d 566, 316 P.3d 482 (2014)
This is general information, not legal advice.