Washington Car Accident Compensation Laws

Washington state is full of natural wonders. From the Puget Sound to the Palouse, Washington's beauty attracts travelers from far and wide. But Washington offers more than serene vistas. Swift winds, hail, snow, and dense fog are all highly likely to greet drivers on Washington's roadways. If your travels in the Evergreen State did not go quite as planned, you will be thankful that Washington car accident compensation laws are generally quite victim-friendly.

If you need help with your car accident case, reach out to a personal injury attorney.

Washington Auto Insurance Requirements

Washington negligence laws say you must prove that another driver was at fault for the car accident to get damages for your injuries. As a fault state, Washington requires establishing the at-fault party's responsibility before any compensation can get awarded.

These insurance requirements ensure that both drivers and accident victims have access to necessary funds from their insurance company to cover medical bills, property damage, and other expenses resulting from motor vehicle accidents.

Washington's At Fault and Pure Comparative Negligence Laws

Washington negligence laws say that you must prove that another driver was at fault for the car accident in order to recover damages for your injuries. As a fault state, Washington requires establishing the at-fault party's responsibility before any compensation can be awarded.

Fortunately for partially at fault drivers, Washington has adopted pure comparative negligence. This rule requires the court to attribute percentages of fault to each driver involved in an auto accident and then reduce any damages award accordingly. The key feature of pure comparative negligence is that even a driver 99% at fault for a car accident can recover 1% of that driver's damage award. For example, if a Washington driver suffered $10,000 in damages, that driver could still recover $100.

If you suffered minimal injuries, be aware that the state legislature requires mandatory arbitration of all claims less than $15,000. In select counties, this limit gets increased to $50,000.

Washington State Car Accident Laws

For more information on Washington car accident laws, take a look at the table below.

Statute of limitations

  • Three years for personal injury or personal property injury (RCW § 4.16.080)
  • Three years for an action against a government entity (RCW § 4.16.160)
  • 60 days between serving a government entity and starting proceedings (RCW § 4.96.020(4))

Damages limits

  • Non-economic damages limited to an amount equaling the average annual wage by the life expectancy of the injured party, not less than 15 years (RCW § 4.56.250)
  • $5,000 recovery from a minor's parents for willful or malicious acts (RCW § 4.24.190)

Other Limits

Disclaimer: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Damage Types

The state of Washington defines examples of economic and non-economic damages. By law, economic damages are objectively verifiable monetary losses. These include medical expenses, loss of earnings, burial costs, and cost of replacement or repair. Washington also gives examples of non-economic damages, which the state defines as subjective, non-monetary losses. These include pain, suffering, inconvenience, mental anguish, injury to reputation and humiliation, and destruction of the parent-child relationship.

Typical car accident damages include:

Damages Limits in Washington

Washington limits non-economic damages to an amount equal to the average annual wage multiplied by the life expectancy of the injured party. Life expectancy is no less than 15 years for the purposes of this calculation. Washington is one of the few states that does not allow the court to award any kind of punitive damages in personal injury cases. But, if your car accident claim involves a willful or malicious act of a minor, be aware that you may recover damages from that minor's parents, but your recovery will be limited to $5,000.

Many states impose deadlines or statutes of limitations that limit the amount of time an injured party can wait before filing a lawsuit. Washington requires you to file your lawsuit within three years from the date of the accident. This is whether you are looking to recover for bodily injury, property damage, medical bills, or any other injury claim related to a motor vehicle accident. This includes car accident claims involving uninsured motorists. Accident victims seeking compensation must follow this timeline.

Learn How Washington Car Accident Compensation Laws Affect You: Talk to a Lawyer

If you suffered injuries touring the natural wonders of this Northwestern gem, Washington's pure comparative fault laws may help you recover damages for your injuries. But if a government entity was at fault for your car accident, Washington's complicated waiting time requirements may make it tough to navigate a car accident lawsuit all on your own. Get in touch with a local car accident attorney today for legal advice on your case.

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