Switching Car Accident Lawyers in Washington

Can I switch car accident lawyers in the middle of my Washington case?

Yes. Washington’s lawyer rules let a client end the relationship at any time, and the lawyer has to step aside when discharged under RPC 1.16. If no lawsuit has been filed, a short letter or email ending the representation is enough. If a suit is on file, the court record is updated through a substitution under RCW 2.44.040 and Civil Rule 71.

Most people who switch on a car case tell us the same things. They can’t get a status update. They don’t know whether their PIP is still paying. An adjuster calls them directly. Those are fair reasons to ask questions first, and fair reasons to move on if the answers don’t come. Our Washington switching guide walks through the general steps for any case type.

If you are still deciding, our overview of switching lawyers mid-case lists fair questions to ask your current lawyer first.

What a new lawyer has to catch up on in a Washington car crash case

A car case in Washington usually runs on three tracks at once, and a new lawyer has to find out where each one stands.

Your PIP claim. Personal injury protection is no-fault coverage from your own policy. Washington insurers have to offer it, but a named insured can reject it in writing under RCW 48.22.085. So the first job is to see the declarations page and any signed rejection. The minimum benefits in RCW 48.22.095 are $10,000 for medical and hospital bills, $10,000 in income continuation at up to $200 a week, $5,000 for loss of services and a $2,000 funeral benefit. Under RCW 48.22.005, PIP medical benefits cover expenses incurred within three years of the crash, and wage benefits start 14 days after it.

The liability claim against the at-fault driver’s insurer. The new lawyer checks what has been sent, what offers exist, and whether the adjuster has the full medical picture.

Your UIM claim. If the other driver’s limits are too low, underinsured motorist coverage on your own policy may fill the gap. RCW 48.22.030 requires it to be offered in the same amount as your liability limits unless someone rejected it in writing. Missing a UIM claim on a serious injury can leave a lot of money on the table.

Evidence that disappears after a Washington car crash

Some proof in a car case has a short life, and a lawyer switch is the moment it gets lost if nobody is watching.

• Dashcam, doorbell and business video. Stores and homeowners often record over footage within days or weeks.
• The vehicles. Once a car is totaled and sold at auction, the crash data module and the damage pattern usually go with it.
• Phone and app data from the other driver, if distraction is an issue. A preservation letter should go out early.
• Witness memory. A witness who was easy to reach in month one may have moved by month eighteen.

The police report matters too. If no officer wrote one, RCW 46.52.030 requires drivers in injury crashes to file their own written report within four days. A new lawyer should confirm what report exists and request it.

Hit-and-run and phantom vehicle claims have their own clock

If the driver who caused your crash drove off, or forced you off the road without touching your car, your claim may go through your own UIM coverage. Washington calls a no-contact car a “phantom vehicle.” Under RCW 48.22.030(8), that claim generally needs two things: the crash reported to police within 72 hours, and corroboration from someone or something other than you or another person making a UIM claim. If your old lawyer never lined up that witness or video, the new lawyer needs to start there.

Fault rules that shape a Washington car case

Washington uses pure comparative fault. Under RCW 4.22.005, your own share of fault lowers what you recover but does not bar the claim. Someone found 30 percent at fault can still recover 70 percent of their damages. Insurers know this and often push for a higher fault number, so the file should show how fault has been argued so far.

Seat belts come up a lot. Washington law says failing to wear one is not negligence and is not admissible as evidence of negligence in a civil case, per RCW 46.61.688(6). If an adjuster has been using that against you, your new lawyer should push back.

When more than one driver is involved, RCW 4.22.070 has the jury assign a percentage to each one. If you were not at fault at all, the defendants are jointly and severally liable for their combined share.

Deadlines a new lawyer has to calendar on day one

The general limit for injury lawsuits in Washington is three years under RCW 4.16.080(2). If a city, county or other local agency is involved, for example a city bus or a road defect, a claim form must be presented first and you generally must wait 60 days before suing under RCW 4.96.020. Switching lawyers does not stop either clock, so check the dates the day you decide.

What switching costs you

Washington courts limit a fired contingency lawyer who did not finish the job to the reasonable value of the work done, as in Ross v. Scannell. With us, that amount is paid out of our fee and your percentage stays where it would have been. Costs the old firm advanced, such as records and filing fees, are usually repaid from the recovery like costs on any case. If there is no recovery, you owe us nothing. You can read more on whether you pay two lawyers.

One limit: if you already signed a release and the case settled, a new lawyer generally can’t reopen it, and we can’t take it on.

Sources

1. Washington RPC 1.16, declining or terminating representation (courts.wa.gov)
2. RCW 2.44.040, change of attorney (app.leg.wa.gov)
3. Washington Superior Court Civil Rule 71, withdrawal and substitution (courts.wa.gov)
4. RCW 48.22.085, PIP must be offered; written rejection (app.leg.wa.gov)
5. RCW 48.22.095, minimum PIP benefit limits (app.leg.wa.gov)
6. RCW 48.22.005, PIP definitions (app.leg.wa.gov)
7. RCW 48.22.030, underinsured, hit-and-run and phantom vehicle coverage (app.leg.wa.gov)
8. RCW 46.52.030, driver accident reports (app.leg.wa.gov)
9. RCW 4.22.005, contributory fault reduces but does not bar recovery (app.leg.wa.gov)
10. RCW 46.61.688(6), seat belt non-use not evidence of negligence (app.leg.wa.gov)
11. RCW 4.22.070, allocation of fault among entities (app.leg.wa.gov)
12. RCW 4.16.080(2), three-year limit for injury actions (app.leg.wa.gov)
13. RCW 4.96.020, local government claim and 60-day wait (app.leg.wa.gov)
14. Ross v. Scannell, 97 Wn.2d 598 (1982) (courtlistener.com)