Washington Car Accident Laws

Here's a summary of important car accident laws in the state of Washington:

• If you're involved in a traffic accident that causes injury, death, or vehicle damage of $1,000 or more, the crash will need to be reported to the Washington State Patrol.
• If you want to bring a lawsuit over your car accident injuries, you'll need to get the case filed in Washington's court system within three years of the crash.
• When you and someone else share fault for the car accident, Washington's "pure comparative negligence" rule will align each person's percentage of fault against how much compensation they can recover.

After a car accident in Washington, you'll want to understand how these state laws (plus a few more) work.

Do I Need to Report a Car Accident in Washington?

If a police officer responds to the scene and investigates your auto accident, and if the accident meets the reportability criteria described below, then that officer must file a police report. (Wash. Rev. Code § 46.52.30(3) (2023)). When no report is filed by a police officer, you must, within 4 days of the accident, report if the crash caused:

• damage of $1,000 or more to any vehicle or other property, or
• injury to, or the death of, any person.

Note: If a police officer responded to the scene, they likely filed a report of the crash, and you probably won't need to take this step.

(Wash. Rev. Code § 46.52.30(1) (2023)).

Note that this reporting requirement applies to anyone—driver, bicyclist, pedestrian, or property owner—involved in a Washington car accident. You can order a motor vehicle collision report online for a $10.50 fee.

Is Auto Insurance Required in Washington?

Under Washington law, any person who operates a motor vehicle in Washington must meet the state's financial responsibility requirement. For most drivers, this will mean buying an auto insurance policy that satisfies the state's minimum liability coverage limits:

• $25,000 for bodily injury to, or the death of, a person
• $50,000 for bodily injuries or deaths per accident, and
• $10,000 for property damage per accident.

Learn more about Washington's car insurance rules.

What is Washington's Car Accident Statute of Limitations?

A "statute of limitations" is a law that sets a strict deadline on your right to file a lawsuit in court. Typically, different kinds of cases have different time deadlines. For example, medical malpractice cases might have a different statute of limitations than auto accident cases.

Statutes of limitations often are among the most complex and confusing of all laws. It's easy to make a mistake that can cost you the right to file a lawsuit. If you're unsure about the limitations period for your case, you should contact an experienced Washington attorney.

Washington's Limitations Periods

The statute of limitations for most Washington car accident lawsuits is the same as the general statute of limitations that applies to most Washington personal injury lawsuits. Specifically, an action for "injury to the person or rights of another" must be filed within 3 years. (Wash. Rev. Code § 4.16.80(2) (2023)). This deadline applies to any car accident injury claim brought by a driver, passenger, motorcyclist, bicyclist, electric scooter rider, or pedestrian after a traffic accident.

What if you weren't injured but your property was damaged? A lawsuit for "injuring personal property" is subject to the same 3-year statute of limitations. Learn more about property damage claims in the state of Washington.

Finally, that 3-year limitations period also applies if someone is killed in an auto accident and the victim's surviving relatives want to bring a wrongful death lawsuit. Get details on Washington wrongful death laws.

When Does the Statute of Limitations Clock Start Running?

For personal injury and property damage cases, the statute of limitations clock starts running on the date of the crash. But the limitations period on a wrongful death lawsuit starts on the date of the victim's death, which could be later than the date of the accident.

In some special cases, the limitations period might be "tolled"—stopped for some period—meaning you could have more time to file a lawsuit. But these cases are the exception, not the rule. Again, if you have questions, contact an experienced Washington lawyer.

What If You Miss the Washington Statute of Limitations Deadline?

In most cases, if you try to file your car accident lawsuit after the filing deadline has passed, the court will have no choice but to dismiss your case. Once the statute of limitations has run out, you lose your right to sue, forever. That's why it's crucial to understand how the statute of limitations applies to your situation.

What Happens When Both (or Several) Drivers Are at Fault?

Suppose you're seriously injured in a Washington car accident, and you take your case to court. The jury, after hearing all the evidence, decides that the other driver was mostly responsible for the accident, but that you bear part of the blame. What happens next? How does this verdict affect your right to compensation?

Washington Is a Pure Comparative Negligence State

When two or more drivers share the blame for an accident, Washington follows what's called a "pure comparative negligence" system. Under pure comparative negligence rules, you can still recover damages in a car accident lawsuit when you're partly at fault. But your damage award will be reduced by your share of the total negligence.

Even if you're more to blame than any other party, you can still collect damages. Keep in mind, though, that you (or your auto insurance company) will likely be on the financial hook for the other driver's losses.

Pure Comparative Negligence Examples

Suppose you sue another driver for personal injuries resulting from a car accident. The other driver, in response, claims that you're also to blame for the wreck. After a trial, the jury finds that your total damages (for your personal injuries, pain and suffering, and other injury-related out-of-pocket expenses) are $100,000. The jury finds that the other driver's personal injury damages total $50,000.

The jury finds that the other driver was 90% to blame. But because you were speeding, the jury assigns 10% of the fault to you. You'll have to reduce the total amount of your damages, $100,000, by 10%, or $10,000. You can recover $90,000.

The other driver's total damages of $50,000 must be reduced by 90%, or $45,000. That driver's net recovery will be $5,000.

What Is a "Salvage" Vehicle in Washington?

In the state of Washington, a "salvage" vehicle is one that:

• has been destroyed or damaged so badly that it's been declared a "total loss" by a car insurance company, or
• has been deemed "uneconomical to repair" by its owner, or by the insurance company.

The registered owner or the insurance company must report the salvage declaration and surrender the vehicle's title to the state of Washington's Department of Licensing within 15 days of the vehicle's destruction, or within 15 days of a settlement of vehicle damage claim.

Can I Drive a "Salvage" Vehicle in Washington?

No, you can't legally drive a vehicle that's been declared a "salvage" in Washington. You can't even legally park a salvage vehicle on a public road in Washington. But you can get a new title issued if you repair the vehicle, it passes an inspection by the Washington State Patrol, and you apply for (and are issued) a new title (usually branded "WA REBUILT").

Learn more about salvaged vehicles in Washington (from the Washington State Department of Licensing).

What's Next?

Understanding the law in your state is one thing, but if you've been injured in a car accident in Washington, you might need more than just information. If you're looking for legal advice that's tailored to your situation, talk to a car accident attorney in your area.