# Washington car accident law: deadlines, fault and your claim

> Washington car accident law: 3 years to sue, pure comparative fault, a claim form and 60-day wait before suing a government, PIP and collision reports.

Canonical page: https://accidentclaimfacts.com/location/washington/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In Washington you generally have 3 years from the crash to file a lawsuit for injuries or vehicle damage, and 3 years from the date of death for a wrongful death claim. Washington uses pure comparative fault. You can recover even if you were mostly at fault; your award is reduced by your share of the fault. Before suing the state or a local government, you must first file a claim on the standard tort claim form and wait 60 days.

## Key facts

| Fact | Detail |
|---|---|
| Injury lawsuit deadline | 3 years |
| Vehicle damage deadline | 3 years |
| Wrongful death deadline | 3 years, from the date of death |
| Fault rule | Pure comparative: your damages are reduced by your share, with no cut-off |
| Claim against a government body | Standard tort claim form, then a wait of 60 days before suing |
| Minimum liability insurance | $25,000 per person, $50,000 per crash, $10,000 property |
| Insurance system | At-fault (add-on PIP) |
| Traffic deaths in Washington, 2024 | 730 people |
| Lawyer referral | County bar services; no statewide referral line |

## Filing deadlines in Washington

Washington's statute of limitations for most car-crash lawsuits is 3 years, counted from the crash. The same period applies to injury and property damage claims, and the Washington Supreme Court has applied it to wrongful death claims too.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 3 years | RCW 4.16.080(2) |
| Damage to your vehicle or other property | 3 years | RCW 4.16.080(2) |
| Wrongful death | 3 years from the date of death | RCW 4.16.080(2); Deggs v. Asbestos Corp. Ltd., No. 91969-1 (Wash. Oct. 6, 2016) |
| Claim against the state or a local government | Claim form first, then a wait of 60 days | RCW 4.92.110; RCW 4.96.020 |

For an injured child, Washington law pauses the clock, a form of tolling: if the injured person is under 18 when the claim arises, the time before they turn 18 does not count toward the deadline.

Claims against the state or a city, county or other local government follow a notice of claim process. You must file a claim on the standard tort claim form (with the state's Office of Risk Management, or the local government's appointed agent) and wait 60 days before suing; the deadline is paused during the wait. For a local government, the claim itself must be presented within the normal limitations period.

> **Warning:** Talks with an insurance company do not pause any of these deadlines. If a claim is still open as the deadline approaches, a lawsuit may need to be filed to protect it.

## How fault is shared in Washington

Washington's comparative fault statute, RCW 4.22.005, reduces your damages by your own share of fault but never bars them completely. This is the most forgiving rule in the country for an injured person who was partly to blame.

> **Example:** You turn left in front of an oncoming car that was speeding. A jury finds you 70% at fault and the other driver 30%. In Washington you can still recover 30% of your proven damages. In a state with a 51% bar you would recover nothing, and under contributory negligence any share of fault would end the claim.

The rule applies to the other driver too: if they were hurt, they can claim against you, with their damages reduced by their own share. Insurers apply the percentages in negotiations, so the fault split often decides the size of a claim. Use the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=wa&fault=20#fault) to see how Washington compares with other states.

## Insurance in Washington

Washington drivers must carry liability insurance of at least $25,000 per person and $50,000 per crash for injuries, plus $10,000 for property damage. Washington is an at-fault state, with first-party coverage that insurers must include or offer:

- **Personal injury protection.** Must be offered; can be rejected in writing (basic PIP pays up to $10,000 per person for medical costs).
- **Uninsured and underinsured motorist coverage.** Included at your liability limits unless rejected in writing (Washington's underinsured motorist coverage also covers uninsured and hit-and-run drivers).

These coverages matter in Washington. The Insurance Information Institute estimates that 19.1% of Washington drivers were uninsured in 2023, above the national estimate of 15.4%.

When your own insurer pays for your car and then recovers the money from the at-fault driver's side, a process called subrogation, your insurer must include your deductible in its demand to the at-fault driver's side. Washington's insurance regulator, the Washington State Office of the Insurance Commissioner, takes questions and complaints at 800-562-6900 (Consumer Advocacy).

## After a crash in Washington

Under RCW 46.52.030, if no officer makes a report, each driver must file a written collision report within 4 days when anyone is injured or killed or property damage to any one person is $1,000 or more. The report goes to the city police chief inside a city or town, or to the county sheriff or State Patrol elsewhere. The State Patrol's online form is the quickest way to file one.

To get a copy of an officer's crash report, buy it from the Washington State Patrol through its online WRECR system or by mail; people involved get an unredacted copy and others a redacted one. The fee is $10.50, and reports can take 2 to 4 weeks to become available. The [police report guide](https://accidentclaimfacts.com/claim-process/police-report/) explains what a report contains and how to ask for a correction.

## Special rules in Washington

**Hit-and-run and no-contact crashes.** Washington's underinsured motorist coverage also covers hit-and-run drivers and a phantom vehicle that caused a crash without touching you. For a no-contact crash, it must have been reported to law enforcement within 72 hours, and the facts must be backed by evidence other than the testimony of the people making the claim. A deductible of no more than $300 can apply to property damage from these drivers. See the [hit-and-run guide](https://accidentclaimfacts.com/accidents/hit-and-run-accidents/) for more.

**Diminished value.** The insurance commissioner describes diminished value as the difference between your car's market value before the accident and its market value after repairs. It is a separate loss from the repair bill; the [property damage guide](https://accidentclaimfacts.com/money/property-damage-and-diminished-value/) covers it in more detail.

**Mediation.** If a claim goes to mediation, Washington's Uniform Mediation Act sets ground rules: a lawyer or another person chosen by a party may come to the mediation and take part, and a mediator may tell the court only whether the mediation took place or ended, whether it settled, and who attended. The [mediation guide](https://accidentclaimfacts.com/claim-process/mediation/) explains how a session works.

## Crashes on Washington roads

The Insurance Institute for Highway Safety counted 730 crash deaths in Washington in 2024, or 9.2 per 100,000 people, compared with 11.5 per 100,000 people nationally. In the same year, 40% of Washington's crash deaths happened on rural roads and 34% were speeding-related. An estimated 33% of fatally injured passenger vehicle drivers had a blood alcohol concentration of 0.08% or higher.

## Finding a lawyer in Washington

The Washington State Bar Association does not refer people to private lawyers. Its [Find Legal Help page](https://www.wsba.org/for-the-public/find-legal-help) points instead to county bar association referral services, including services in Clark, King, Snohomish and Tacoma-Pierce counties. The King County Bar Association takes referral requests online; people who cannot use the form can call (206) 267-7100. The guide to [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) explains how these services work.

Before you hire anyone, look the lawyer up in the State Bar's [Legal Directory](https://www.mywsba.org/PersonifyEbusiness/LegalDirectory.aspx) to confirm the license. The [license check guide](https://accidentclaimfacts.com/choosing-a-lawyer/check-a-lawyers-license/) covers what else to look at.

## FAQ

### What is the statute of limitations for a car accident in Washington?

Generally 3 years from the crash for injuries and vehicle damage, and 3 years from the date of death for wrongful death. Claims against a government also need a claim form and a wait of 60 days before a lawsuit can be filed.

### Is Washington a no-fault state?

No. Washington is an at-fault state: the driver who caused the crash, through their insurer, pays for the losses. Insurers must offer personal injury protection, which pays some medical bills and lost wages whoever caused the crash, unless you rejected it in writing.

### Can I recover if I was partly at fault in Washington?

Yes. Under pure comparative fault you can recover even if you were mostly at fault. Your damages are reduced by your percentage of fault.

### Do I have to report a car accident in Washington?

If an officer does not make a report, a driver must file a written collision report within 4 days when anyone is hurt or killed or property damage reaches $1,000.

### How do I get a collision report in Washington?

Buy it from the Washington State Patrol through its online WRECR system or by mail. The fee is $10.50, and reports can take 2 to 4 weeks to appear.

### Does Washington have a state bar lawyer referral service?

No. The Washington State Bar Association does not refer people to private lawyers. Its Find Legal Help page lists county bar referral services instead.

## Sources

- [Washington State Legislature, RCW 46.52.030](https://app.leg.wa.gov/RCW/default.aspx?cite=46.52.030) — collision reports by drivers
- [Washington State Legislature, RCW chapter 4.16](https://app.leg.wa.gov/RCW/default.aspx?cite=4.16) — limitations periods and tolling for minors
- [Washington State Legislature, RCW chapter 4.96](https://app.leg.wa.gov/RCW/default.aspx?cite=4.96) — claims against local governments
- [Washington State Legislature, RCW 4.16.080](https://app.leg.wa.gov/RCW/default.aspx?cite=4.16.080), checked October 29, 2026
- [Washington Supreme Court, Deggs v. Asbestos Corp. Ltd., No. 91969-1 (2016)](https://www.courts.wa.gov/opinions/pdf/919691.pdf), checked October 29, 2026
- [Washington State Legislature, RCW 4.22.005](https://app.leg.wa.gov/RCW/default.aspx?cite=4.22.005), checked October 29, 2026
- [Washington State Legislature, RCW 4.92.110](https://app.leg.wa.gov/RCW/default.aspx?cite=4.92.110), checked October 29, 2026
- [Washington State Legislature, RCW 4.16.190(1)](https://app.leg.wa.gov/RCW/default.aspx?cite=4.16.190), checked October 29, 2026
- [Washington State Legislature, RCW 4.92.110 and RCW 4.96.020](https://app.leg.wa.gov/RCW/default.aspx?cite=4.96.020), checked October 29, 2026
- [Washington State Legislature, RCW 48.22.030(8)(b)](https://app.leg.wa.gov/RCW/default.aspx?cite=48.22.030), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026
- [Washington State Office of the Insurance Commissioner, Filing an auto insurance claim](https://www.insurance.wa.gov/insurance-resources/auto-insurance/auto-insurance-claims/filing-auto-insurance-claim), checked October 29, 2026
- [Washington State Patrol, Collision Records](https://wsp.wa.gov/driver/collision-records/), checked October 29, 2026
- [Washington State Legislature, RCW 7.07.090 (Uniform Mediation Act)](https://app.leg.wa.gov/RCW/default.aspx?cite=7.07&full=true), checked October 29, 2026
- [King County Bar Association, Hire a Lawyer (Lawyer Referral Service)](https://www.kcba.org/?pg=Hire-a-Lawyer), checked October 29, 2026
- [Washington Administrative Code, WAC 446-85-010 (accident-reporting threshold)](https://app.leg.wa.gov/wac/default.aspx?cite=446-85-010), checked October 29, 2026
- [Washington Office of the Insurance Commissioner, Washington state's mandatory auto/motorcycle insurance law](https://www.insurance.wa.gov/insurance-resources/auto-insurance/how-auto-insurance-works/washington-states-mandatory-automotorcycle-insurance-law), checked October 28, 2026
- [Washington State Legislature, RCW 48.22.085 (PIP offer and rejection)](https://app.leg.wa.gov/RCW/default.aspx?cite=48.22.085), checked October 28, 2026
- [Washington Office of the Insurance Commissioner, Personal injury protection (PIP)](https://www.insurance.wa.gov/insurance-resources/auto-insurance/how-auto-insurance-works/personal-injury-protection-pip), checked October 28, 2026
- [Washington Office of the Insurance Commissioner, Auto insurance](https://www.insurance.wa.gov/insurance-resources/auto-insurance), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026