By Serdar Arslan, editor · Last reviewed · How we research
Washington lets a driver who was mostly to blame still recover something. Under its pure comparative fault rule, your damages shrink by your share of fault, but your own fault never bars the claim outright. Punitive damages, on the other hand, are generally not allowed unless a statute authorizes them.
Injury, vehicle damage and wrongful death claims all share a 3-year deadline. The wrongful death statute has no deadline of its own, so courts apply the general limit. Before suing the State, you must file a standard tort claim form with the Office of Risk Management, and before suing a local government, a claim with its designated agent; either way, you then wait 60 days, during which the deadline is paused. If a crash causes injury or at least $1,000 in damage and no officer wrote a report, each driver must file a Motor Vehicle Collision Report within 4 days. Insurers must offer PIP, though you can reject it in writing. Washington had 730 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 3 years, usually starting on the date you were injured Source: RCW 4.16.080(2) |
|---|---|
| Property damage deadline | Generally 3 years for damage to your vehicle or other personal property Source: RCW 4.16.080(2) |
| Wrongful death deadline | Generally 3 years from the date of death. The wrongful death statute has no deadline of its own, so courts apply the general 3-year limit Source: RCW 4.20.010; RCW 4.16.080(2) |
| Claims against a government entity | Before suing the State, you must file a standard tort claim form with the Office of Risk Management (Department of Enterprise Services). Before suing a city, county or other local government, you must file a claim with that entity's designated agent. Either way, the claim must be presented within the normal 3-year limit, and you must then wait 60 days before filing suit. The deadline is paused during those 60 days. Source: RCW 4.92.100, 4.92.110, 4.96.020 |
| Fault rule | Pure comparative fault: Your damages are reduced by your percentage of fault, but your own fault does not bar you from recovering, even if you were mostly at fault. Source: RCW 4.22.005 |
| Insurance system | At-fault (tort) · Insurers must offer personal injury protection (PIP) with every new or renewed auto liability policy, but you can reject it in writing (RCW 48.22.085). |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $10,000 property damage Source: RCW 46.29.090(1); RCW 46.30.020 |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | No general statutory cap on compensatory damages in car accident cases. Check with a licensed attorney about punitive damages, which Washington generally does not allow unless a statute authorizes them. |
| Reporting a crash | If a crash causes any injury or death, or at least $1,000 in damage to any one vehicle or property, each driver must file a Motor Vehicle Collision Report within 4 days: with city police inside city limits, otherwise with the county sheriff or State Patrol. You don't need to file if an officer investigated and wrote a report. Source: RCW 46.52.030 |
Getting your crash report in Washington
Order collision reports from the Washington State Patrol online through WRECR (Requests for Electronic Collision Records) for $10.50, searching by a party's name and the collision date. Reports can take 2–4 weeks to become available. Involved parties get an unredacted copy; others get a redacted copy. Official request page
Checking a Washington lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: Washington State Bar Association – Legal Directory
- Lawyer referral: County bar lawyer referral services (listed by WSBA)
730 people died in motor vehicle crashes in Washington in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›Does my own fault bar recovery in Washington?
No. Washington uses pure comparative fault, so your damages are reduced by your percentage of fault but your fault does not bar recovery, even if you were mostly at fault (RCW 4.22.005).
›What is the 60-day waiting period for claims against the government?
Before suing the State or a local government, you must file a claim (with the Office of Risk Management for the State, or the local entity's designated agent) and then wait 60 days before filing suit (RCW 4.92.100, 4.92.110, 4.96.020). The deadline is paused during those 60 days. The claim must be presented within the normal 3-year limit.
›Do I have to file a collision report myself within 4 days?
Yes, if the crash caused any injury or death, or at least $1,000 in damage to any one vehicle or property, and no officer investigated and wrote a report (RCW 46.52.030). File with city police inside city limits, otherwise with the county sheriff or State Patrol.
›Is PIP required in Washington?
Insurers must offer personal injury protection with every new or renewed auto liability policy, but you can reject it in writing (RCW 48.22.085). Check your policy to see whether you kept it.
›How long do I have to file a car accident lawsuit in Washington?
Generally 3 years, usually starting on the date you were injured, for injuries and vehicle damage (RCW 4.16.080(2)). Wrongful death claims also generally have 3 years from the date of death, because the wrongful death statute has no deadline of its own.
Sources
- RCW 4.16.080 (Washington Legislature PDF)
- RCW 4.22.005 (Washington Legislature PDF)
- RCW 4.92.100 (Washington Legislature PDF)
- RCW 4.92.110 (Washington Legislature PDF)
- RCW 4.96.020 (Washington Legislature PDF)
- RCW 46.29.090 (Washington Legislature PDF)
- RCW 46.52.030 (Washington Legislature PDF)
- RCW 48.22.030 (Washington Legislature PDF)
- RCW 48.22.085 (Washington Legislature PDF)
- Washington State Patrol – Collision records
- WSBA – Find Legal Help
- NHTSA FARS – State crashes and all victims