Hurt in a car accident in Washington? Your claim usually runs through the at-fault driver's insurance, and two rules shape it most: the filing deadline and how fault is shared.
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Washington is a traditional fault-based state — no PIP requirement, no verbal threshold, no medical-expense floor. If the other driver caused your accident, you go straight after their liability coverage for the full value of your injuries. The general statute of limitations for personal injury claims is three years from the date of the accident under RCW 4.16.080(2). The same three-year window applies to property damage. The simplicity is a feature: most no-fault states layer threshold disputes on top of liability disputes. In Washington, the only fight is whose fault and how much.
Washington follows pure comparative fault under RCW 4.22.005. There is no fault percentage that bars your recovery. If a jury finds you 80% at fault for the crash, you still recover 20% of your damages from the at-fault driver. If you're 99% at fault, you still recover 1%. The insurer for the other side will still try to push your fault percentage as high as possible — that's their job — but they cannot zero you out the way they can in states with a 50% or 51% bar. This single rule is why Washington produces strong settlements in cases that would be defense verdicts in Idaho or Oregon next door.
Two government-claims rules shape Washington practice. Claims against the State of Washington require a tort claim to be filed with the Washington Office of Risk Management under RCW 4.92.100, and you must wait 60 days after filing the ORM claim before commencing the lawsuit. Claims against cities, counties, and other local governments follow RCW 4.96.020 and have their own 60-day pre-suit waiting period. Both procedures are mandatory — failure to file the pre-suit claim bars the action against the government entity. Washington also requires insurers to offer UM/UIM coverage under RCW 48.22.030, and unrejected UIM is a critical recovery source in serious-injury cases where the at-fault driver's liability limits are exhausted.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Under RCW 4.22.005, Washington follows pure comparative fault — there is no fault percentage that cuts off your recovery. If you were 70% at fault and the other driver was 30% at fault, you recover 30% of your total damages from the other driver. Compare this to states like Georgia (50% bar) or Illinois (51% bar) where a finding of majority fault means zero recovery. In Washington, the insurer can reduce your award but cannot eliminate it based on shared fault alone.
Three years from the date of the accident under RCW 4.16.080(2) — for both personal injury and property damage. If a government vehicle or entity was involved, you must first file a claim with the Washington Office of Risk Management under RCW 4.92.100 before suing the state. For claims against cities or counties, notice requirements vary by jurisdiction. After filing the ORM claim, you must wait 60 days before your lawsuit can be filed.
Washington is a fault-based state, so you go after the at-fault driver's liability coverage — not your own PIP. If that policy isn't enough, you look to your own underinsured motorist (UIM) coverage. Washington law requires insurers to offer UM/UIM coverage; if you didn't explicitly reject it, you likely have it. RCW 48.22.030 governs UM/UIM requirements. In serious injury cases, identifying all available coverage layers is one of the first things an attorney does.
King County (Seattle) and Pierce County (Tacoma) produce higher average verdicts than rural Washington counties. Seattle juries specifically have trended toward substantial plaintiff awards in recent years. If your accident happened in or near a major metro area, those local jury dynamics influence what insurers are willing to settle for. An attorney familiar with Western Washington courts understands how to leverage that.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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Last reviewed: 2026-04-07
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