Washington Car Accident Laws

If you’re in a crash on the Pacific Highway or I-5, you’ll need to know the car accident laws in Washington in order to file a report or claim damages.
Written by Amber Reed
Reviewed by Kathleen Flear
background
If you’re involved in an auto accident in the state of Washington, you are required to report it to the police department. You might be able to claim damages through your insurance company or by filing a personal injury lawsuit.
Getting into a car accident is always a hassle. Whether you were involved in a fender bender resulting in minor car repairs or a serious collision resulting in major injuries, car accidents can cost you both time and money. 
The first thing you think of immediately after a collision probably isn’t the accident report, but it’s an important step, and in some cases, you’re required to file one. And knowing your state’s car accident laws can help ease some of the stress of a wreck.
Want to know more about what to do after a car accident in Washington?
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What to do after a crash: Washington car accident reporting laws

The most important thing to do
after a car accident
is to make sure you and your passengers are safe. Pull the car onto the side of the road and call 911 if anyone involved in the accident needs medical attention. The next step is to document the crash by taking pictures or notes, and exchange insurance information with the other party.
Once you’ve handled those essential tasks, it’s time to report the accident to the police and file a car accident claim with your insurance company. Here’s what you need to know about Washington car accident laws and how they apply to accident reports.

When to report an accident to the police

Title 46
of the Revised Code of Washington states that you have four days to report any accident that results in injury, death,or property damage of $1,000 or more. If law enforcement arrived at the scene of your accident, you won’t need to file a report at all—the responding officers will have already filed one. But if you need to report an accident yourself, you can go online and fill out a
Motor Vehicle Collision Report
with the Washington State Patrol.

Financial responsibility and coverage minimums: Washington insurance laws

Almost all states require drivers to possess car insurance if they want to hit the road—and Washington is no exception. If you live in the Evergreen State, you need to meet
Washington's minimum insurance requirement
of 25/50/10 liability coverage, or:
●     $25,000 of
bodily injury liability
per person
●     $50,000 of bodily injury liability per accident
●     $10,000 of
property damage liability
per accident
If you choose to
drive without car insurance
—or you’re simply unable to provide proof of insurance when you’re pulled over by the police—you risk being fined up to $550. Not only will this also make it difficult to claim damages through insurance or a personal injury lawsuit, but you might get your
Washington license suspended
for up to three years.
The repercussions for driving without insurance in Washington can make your life difficult, but a lot of motorists still drive without coverage. In fact, Washington has the fifth-highest percentage of uninsured drivers in the United States, according to a 2019 study by the Insurance Information Institute (III). According to the study, a whopping 21.7% of Washington drivers don’t meet the minimum coverage requirements.
Uninsured drivers don’t just create problems for themselves—they also cause trouble for insured drivers. Getting into an accident with someone who let their coverage lapse—or never bought insurance in the first place—makes it much harder to claim damages after a collision, even if the wreck wasn’t your fault.
Uninsured/underinsured motorist insurance
exists to protect responsible drivers from these situations. Use the
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Claiming damages after an accident: personal injury laws in Washington

In cases where a car accident causes major hardship, you may want to go beyond an insurance claim and try to recoup damages through a personal injury lawsuit. The
Revised Code of Washington
states that you have three years from the date of your accident to file a personal injury lawsuit.
When you file your lawsuit, you’ll need to claim either economic or non-economic damages. Economic damages include monetary losses such as medical expenses,
loss of income
, property damage, or burial costs. Non-economic damages are non-monetary losses that the
Revised Code of Washington
defines as pain and suffering, inconvenience, mental anguish, disability or disfigurement, emotional distress, loss of society, injury to reputation, and humiliation.

Exceptions to personal injury laws in Washington

It’s very important to make sure you file your lawsuit within the three-year statute of limitations, because filing late almost always results in the case being dismissed. However, there are a few situations where you may be granted more time to file your claim. These exceptions include:
●     If the injured person was under 18 at the time of the accident, the statute of limitations does not begin until they turn 18.
●     If the defendant leaves the state or attempts to conceal their whereabouts, the statute of limitations “clock” may be stopped until the defendant is located.

Who’s to blame: comparative negligence law in Washington

The first thing that insurance companies and law enforcement need to figure out after an accident is: Whose fault was it? If Alicia hits Jamie’s car while speeding, but Jamie was texting while driving at the time of the accident, who’s actually to blame? And who’s eligible to collect damages?
Washington is one of just 12 states that take a
pure comparative negligence
approach to claiming damages after an accident. This means that if you get into a car accident in Washington, you are eligible to be paid damages based on your percentage of fault.
Using the example above, both Alicia and Jamie broke traffic laws, so they are both partially at fault for the accident. Let’s say that the insurance companies determine that Jamie is 60% at fault and Alicia is 40% at fault. Now let’s imagine that Alicia was injured in the accident and wants to claim damages to help pay for a $3,000 medical bill. Because she was determined to be 40% at fault, she can collect damages of $1,200.
Pure comparative negligence state is typically the most favorable to both parties, but some states apply less lenient versions of the law, like modified comparative negligence or contributory negligence. If you plan to drive across state borders, it’s a good idea to know the law in that state.

How to save money on car insurance in Washington

Getting a lower rate on your
car insurance
after you’ve been in an accident can feel like an impossible task. You might worry that you’ll need to visit broker offices, deal with countless sales calls, and fill out forms, only to end up back where you started. So instead of doing all that work, use the
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Using Jerry is simple. Just answer some basic questions, and in less than 45 seconds, our
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No long forms. No calling around. No hard work. Just savings. The average Jerry user saves over $800 a year on car insurance.
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