By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hurt in a Washington car crash?
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What to do after a car accident in Washington
- Call 911 and get medical care. Go the same day if you can, and keep every record.
- Make sure a report exists. If no officer makes a report, a driver in a crash with injury, death or property damage above the State Patrol’s threshold must send a written report within four days to the city police, the county sheriff or the State Patrol (RCW 46.52.030).
- Open a PIP claim with your own insurer. Washington insurers must offer PIP with at least $10,000 in medical and hospital benefits, a $2,000 funeral benefit, $10,000 in income continuation at up to $200 a week, and $5,000 in loss-of-services benefits at up to $200 a week (RCW 48.22.095). PIP pays the actual loss or expense incurred (RCW 48.22.005).
- Check your declarations page. PIP and underinsured motorist coverage can be rejected only in writing. If you never signed a rejection, ask your insurer about both.
- Do not give a recorded statement to the other driver’s insurer before you get advice. See what not to tell the insurance company.
Washington law: deadline, fault and reimbursement
Three years to sue. An action for injury to the person or rights of another, or for injuring personal property, must be started within three years (RCW 4.16.080(2)). That is a year longer than California or Texas. More on timing: Washington car accident statute of limitations. Families of people killed should read our Washington wrongful death deadline page.
Pure comparative fault. Any contributory fault chargeable to you reduces your compensatory damages proportionately but does not bar recovery (RCW 4.22.005). In a T-bone or lane-change crash where both drivers made mistakes, you still recover your share. See who is at fault in a T-bone accident in Washington.
Your insurer’s reimbursement waits until you are made whole. When your own insurer paid benefits and you later recover from the at-fault driver, the Washington Supreme Court held that the insured may recoup general damages from the wrongdoer before the insurer’s subrogation applies, and that an insurer generally recovers only the excess left after the insured is fully compensated (Thiringer v. American Motors Ins. Co., 91 Wn.2d 215 (1978)). That rule shapes how much of a limited settlement goes to you.
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Insurance: 25/50/10, UIM and PIP
Minimum liability limits. No one may drive a vehicle that must be registered in Washington without liability insurance or other proof of financial responsibility (RCW 46.30.020). The minimum limits are $25,000 for injury or death of one person, $50,000 for two or more people, and $10,000 for property damage (RCW 46.29.090). These are lower than California’s 2025 minimums and Texas’s 30/60/25.
Underinsured motorist (UIM) coverage. A Washington auto liability policy must include coverage for people insured under it who are hurt by underinsured, hit-and-run and phantom vehicles, unless a named insured or spouse rejects it in writing (RCW 48.22.030). Washington defines an underinsured vehicle broadly: one with no liability coverage at all, or one whose coverage is less than the damages you are legally entitled to recover. California, by contrast, compares the other driver’s limits to your own UM limits. See making a UIM claim.
Personal injury protection. No auto policy may be issued or renewed in Washington unless PIP is offered. A named insured can reject it in writing, and that rejection binds everyone who would have been covered (RCW 48.22.085). Minimum benefit levels are listed in the first section above.
Washington crash numbers
- Preliminary data from the Washington Traffic Safety Commission count 659 traffic deaths in 2025, down 10.5% from 2024 and 18% from 2023, when 809 people died, a 33-year high.
- Crashes involving a speeding driver killed 189 people in 2025, and crashes involving a distracted driver killed 103.
- 148 pedestrians were killed in 2025, and 112 drivers aged 70 or older were involved in fatal crashes, an all-time high (WTSC, 2025 preliminary data).
- In 2024, impairment was involved in 348 deaths, 48% of all traffic deaths that year (WTSC, 2024 preliminary data).
Our news desk covers Washington crashes as they happen. On October 30, 2026, a 33-year-old Tacoma man was killed on southbound SR 167 in Auburn after his car hit a barrier and a Tesla struck him; the Tesla driver was taken into custody for investigation of vehicular homicide, DUI and hit-and-run. On November 1, 2026, a driver hit the back of a State Patrol vehicle on I-5 near SR 516 in Kent while the trooper was helping a disabled car, and was arrested for investigation of DUI and vehicular assault.
Local pages: Seattle, Bellevue, Tacoma, Everett, Spokane and Vancouver car accident lawyers.
Hit by a city, county or state vehicle
Local government. A claim against a city, county or other local governmental entity must be presented to the agent the entity has appointed to receive claims. The standard tort claim form or the local government form satisfies the requirement. You cannot sue until 60 calendar days after the claim is presented, and the three-year limitations period is paused during those 60 days (RCW 4.96.020).
The State of Washington. A claim against the state, such as a crash with a state-owned vehicle, goes to the Office of Risk Management in the Department of Enterprise Services. The same 60-day wait and pause apply (RCW 4.92.110).
A claim against a local government must be presented within the same three-year limitations period (RCW 4.96.020(2)), so Washington has no separate six-month claim deadline like California’s. A claim filed late in the three years still leaves little room. File it early.
Washington, California and Texas compared
| State | Deadline to sue | Your share of fault | Minimum liability insurance | Your own coverage | Government vehicle |
|---|---|---|---|---|---|
| California | 2 years (CCP § 335.1) | Reduces the award, never bars it (Li v. Yellow Cab) | $30,000 / $60,000 / $15,000 for policies issued or renewed since Jan. 1, 2025 (Veh. Code § 16056) | Uninsured/underinsured motorist coverage is included unless deleted in writing (Ins. Code § 11580.2) | Written claim within 6 months (Gov. Code § 911.2) |
| Texas | 2 years (CPRC § 16.003) | Barred if more than 50%; otherwise reduced (CPRC § 33.001) | $30,000 / $60,000 / $25,000 (Transp. Code § 601.072) | PIP and uninsured/underinsured motorist coverage are included unless rejected in writing (Ins. Code § 1952.152; § 1952.101) | Notice within 6 months, or sooner if a city charter says so (CPRC § 101.101) |
| Washington | 3 years (RCW 4.16.080(2)) | Reduces the award, never bars it (RCW 4.22.005) | $25,000 / $50,000 / $10,000 (RCW 46.29.090) | Underinsured motorist coverage is included unless rejected in writing; PIP must be offered (RCW 48.22.030; RCW 48.22.085) | Written claim, then a 60-day wait before suit (RCW 4.96.020; RCW 4.92.110) |
Washington gives the most time to sue of the three states and, like California, never bars a partly-at-fault driver. Its liability minimums are the lowest.
Related pages
- California car accident lawyer
- Texas car accident lawyer
- Washington truck accident lawyer
- Washington car accident statute of limitations
- Car and truck accident questions
- Areas we serve in Washington
Common questions
How long do I have to sue after a car accident in Washington?
Three years from the crash (RCW 4.16.080(2)). Against a local government or the state, you must first present a written claim and wait 60 days before suing; the three-year period is paused during that wait (RCW 4.96.020, 4.92.110).
Can I recover if I was partly at fault?
Yes. Washington uses pure comparative fault. Your share of fault reduces your damages but does not bar recovery (RCW 4.22.005).
What is the minimum car insurance in Washington?
$25,000 per person and $50,000 per accident for injuries, and $10,000 for property damage (RCW 46.29.090; RCW 46.30.020).
What does PIP pay in Washington?
Insurers must offer PIP with at least $10,000 in medical and hospital benefits, a $2,000 funeral benefit, up to $10,000 in income continuation at $200 a week, and up to $5,000 in loss-of-services benefits at $200 a week (RCW 48.22.095). It can be rejected only in writing (RCW 48.22.085).
I was hit by an uninsured or hit-and-run driver. Who pays?
Your underinsured motorist coverage, unless a named insured or spouse rejected it in writing. In Washington it covers uninsured, underinsured, hit-and-run and phantom vehicles (RCW 48.22.030).
Does my insurer get paid back from my settlement?
Only after you are made whole in most cases. The Washington Supreme Court allowed the injured person to recoup general damages from the at-fault driver before the insurer’s subrogation interest (Thiringer v. American Motors Ins. Co., 91 Wn.2d 215 (1978)).
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Sources
- RCW 4.16.080
- RCW 4.22.005
- RCW 46.29.090
- RCW 46.30.020
- RCW 46.52.030
- RCW 48.22.005
- RCW 48.22.030
- RCW 48.22.085
- RCW 48.22.095
- RCW 4.96.020
- RCW 4.92.110
- Thiringer v. American Motors Ins. Co., 91 Wn.2d 215 (1978)
- Washington Traffic Safety Commission, 2025 preliminary traffic deaths (May 19, 2026)
- Washington Traffic Safety Commission, 2024 preliminary traffic deaths (May 28, 2025)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.