By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed August 26, 2024
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From Puget Sound to Mount Rainier, Washington State has stunning countryside, sophisticated cities, and some of the best craft beer in the world. But, as pretty as the scenery may be, there's always the risk of getting in a car accident to see these sights.
Ask yourself: "Do I know what to do if I get into an auto accident?" Most people know they have to exchange insurance information with the other driver. They may even understand that they need to move their cars out of the lanes of traffic.
The question is, what practical steps should you take immediately after a car crash? Furthermore, what is the car accident settlement process should you suffer serious injuries?
We'll discuss what to do after a Washington car accident and explain how the personal injury settlement process works. Contact a Washington car accident lawyer if you still have questions about this process or the settlement timeline.
In most Washington car accident cases, law enforcement responds to the scene of a crash and files a police report. But if you don't call 911, you'll be responsible for filing the crash report. This is the case in almost all motor vehicle accidents.
According to Washington law, motorists must file a car accident report to the local police, sheriff's office, or highway patrol if specific conditions exist.
These conditions include:
It can be challenging to determine the extent of the property damage. It's also difficult to determine if anyone is hurt in the moments after the collision. The other driver may appear OK at the accident scene only to learn a week later that they have whiplash or some other injury.
This is why it's best to report all car accidents, regardless of how minor they may be. According to the Washington Revised Code, Section 46.52.030, you must file your report within four days of the crash. The property damage threshold is periodically published by the Washington State Department of Licensing. This statute also authorizes law enforcement to demand supplemental reports by the motorists involved in the crash, regardless of whether they're the at-fault driver or a victim.
Washington requires that motorists always have proof of valid car insurance in their vehicles.
Under Washington Revised Code, Section 46.29.090, your insurance policy must cover the following minimum amount of coverage:
When the police arrive at the accident scene, they'll ask both drivers for proof of insurance. You must have an insurance card with the insurance company's name, the policy number, and the expiration date of your policy. Or, you can show the police officer proof of coverage on your cellphone.
Before getting compensation for your injuries and property loss, you must file your car accident claim with the insurance company. Once the insurance adjuster reviews your claim, they'll either pay it, deny it, or make a settlement offer.
If the insurance carrier approves your claim, you will get payment within a couple of weeks. If they deny your insurance claim, you will receive a denial letter stating the reason for the rejection. If the insurance adjuster believes you were partially at fault or thinks you exaggerated your injuries, they may offer partial payment.
As you can imagine, the claims process can be frustrating. Many accident victims hire a personal injury attorney to deal with their insurance company. What your personal injury lawyer will do is try to negotiate a fair settlement with the insurance carrier. If this doesn't work, you may have to file a personal injury claim with the civil courts.
If the insurance company makes a settlement offer, you can reject it. If you disagree with the insurer's offer, you can submit a counteroffer and evidence supporting your claim. Your car accident attorney may have to negotiate with the auto insurance company until they reach a settlement.
Once the parties agree to a settlement amount, the insurance carrier will ask the driver to sign a settlement release. This agreement states that the driver agrees to absolve the insurance company from further liability by accepting the settlement offer. You will not be able to go back to the insurance carrier later and demand more money.
Never sign a settlement agreement without first showing it to your attorney. They'll carefully review the contract to ensure the insurance adjuster isn't trying to exploit you.
It's nearly impossible to discuss how much the average car accident settlement amount is. Every accident case is unique. Until your attorney can gather evidence of your car accident injuries, property damage, and other out-of-pocket expenses, they can't fairly offer an opinion on your claim's worth.
Several factors impact the amount of your settlement. These include:
No experienced attorney will guarantee their client a specific amount of money in a car accident settlement.
Every state has a statute of limitations, which outlines how long you must file a personal injury lawsuit. Washington Revised Code, Section 4.16.808, states that accident victims have three years from the crash date to file their claim.
If you miss the statute of limitations deadline, the court will dismiss your claim and lose your chance to pursue damages. Plus, you'll lose any leverage you may have had against the insurance company. So, if you want to negotiate a fair settlement with the insurer, you must meet this deadline.
It will cost you dearly if you don't take the proper steps immediately after a car accident. Juggling reporting requirements and filing deadlines can be daunting, and the extra stress of negotiating a car accident settlement makes the process even more frustrating.
The help of an experienced attorney can ensure your compliance with the statutory regulations and help you get fair compensation for your damages. Contact a skilled car accident lawyer in Washington today.
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