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How do you file a claim after a public bus accident in Washington?

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Present a written claim to the agent the bus operator has appointed to receive claims, on Washington’s standard tort claim form or the agency’s own form, then wait 60 calendar days before you sue. The claim has to reach that agent within the limitation period, generally three years for an injury, and the clock stops during the wait. These steps come from RCW 4.96.020 and apply to King County Metro, Sound Transit, Community Transit, Pierce Transit, Spokane Transit and school districts. A claim against a state agency goes to the state Office of Risk Management under RCW 4.92.100.

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

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Which claim law covers your bus

For claim purposes, public bus systems are local governments. RCW 4.96.010 covers counties, cities, special districts and every municipal corporation in RCW 39.50.010, a definition that names regional transit authorities, public transportation benefit areas and school districts.

If a state vehicle or state employee played a part, a separate claim goes to the state Office of Risk Management under RCW 4.92.100, with its own 60-day wait under RCW 4.92.110. DES says harm caused by a county, city or other entity must be claimed against that entity, so present a claim to each public body that may share fault.

  • King County Metro: the Office of Risk Management Services, online, by email to FileAClaim@kingcounty.gov or by mail.
  • Sound Transit: Risk Management, online, at claims@soundtransit.org or by mail.
  • Community Transit: the claim form goes to the Office of the CEO, 2312 W. Casino Road, Everett, WA 98204, or Claims@Commtrans.org.
  • Pierce Transit: its online form, or Attn: Designated Agent, 3701 96th St SW, Lakewood, WA 98499.
  • Spokane Transit: the claim form goes to Attn: Claims Specialist, 1230 W. Boone Ave., Spokane, WA 99201, or claims@spokanetransit.com. STA’s claims FAQ says it forwards claims to the Washington State Transit Insurance Pool, whose adjuster contacts you.
  • School districts: each district appoints its own agent, whose name and address must be recorded with the county auditor (RCW 4.96.020(2)).

What goes on the form and who signs it

Claims must be on the standard tort claim form kept by the state Office of Risk Management or on the local entity’s own form, and either one satisfies the statute. A local form may ask for more, but the entity cannot deny a claim because that extra information is missing or require your Social Security number. If its form omits a required item or names the wrong agent, the entity waives any defense based on that error (RCW 4.96.020(3)).

The form must be signed by the claimant, by an attorney-in-fact under a written power of attorney, by a Washington-admitted attorney, or by a court-approved guardian or guardian ad litem. The amount claimed is not admissible at trial, and Community Transit’s and Spokane Transit’s forms say “TBD” is appropriate if treatment is not finished. Attachments vary: King County and Sound Transit say not to send medical records, while Community Transit’s form asks for medical reports and bills. RCW 4.96.020(5) says substantial compliance with the content and procedure rules is enough.

The 60-day wait, the paused clock and the deadlines

You may not start a lawsuit until 60 calendar days have passed since the agent first received the claim, and those 60 days do not count against the limitation period (RCW 4.96.020(4)). Presentment happens on hand delivery, or when the agent’s office receives the claim by mail. For limitation purposes, a suit filed within five court days after the wait is treated as filed on the first day after it. RCW 4.16.080(2) sets the general three-year deadline for an injury lawsuit.

In Lee v. Metro Parks Tacoma (Wash. Ct. App. 2014), the plaintiff was hurt at Owen Beach on June 28, 2009. Metro Parks received her claim on June 8, 2012, and she added Metro Parks to her suit 14 days later. The court held substantial compliance applies to the wait, but she had no evidence Metro Parks had finished investigating, evaluated the claim or discussed settlement, and dismissal was affirmed.

StepDeadline or timingStatute
Present claim to the local entity’s agentWithin the limitation period, generally 3 yearsRCW 4.96.020(2); RCW 4.16.080(2)
Present claim against a state agencyBefore suing; the suit itself must still be filed within the limitation periodRCW 4.92.100; RCW 4.92.110
Wait before suing60 calendar days after first presentmentRCW 4.96.020(4); RCW 4.92.110
Limitation period during the waitTolled for the 60 daysRCW 4.96.020(4); RCW 4.92.110
Suit right after the waitWithin 5 court days counts as filed the first day after the waitRCW 4.96.020(4); RCW 4.92.110
Records request for bus videoAgency response within 5 business daysRCW 42.56.520
Phantom vehicle report for UIMTo police within 72 hoursRCW 48.22.030(8)

The care a bus operator owes riders, and shared fault

In Tortes v. King County, 119 Wn. App. 1 (2003), the Court of Appeals said “a common carrier owes the highest degree of care to its passengers commensurate with the practical operation of its business at the time and place in question.” It added that a carrier does not insure its passengers’ safety. In that case a rider shot a Metro driver as the bus approached the Aurora Avenue Bridge in 1998, and the bus went off the bridge. The court found the attack unforeseeable as a matter of law and affirmed summary judgment for Metro.

A claim still has to show the operator fell short of that duty and caused the injury. If your own conduct contributed, RCW 4.22.005 reduces the award by your share of fault without barring recovery.

Paying medical bills while the claim is pending: PIP and UIM

King County and Spokane Transit say you are responsible for your medical expenses while a claim is investigated.

PIP. Insurers must offer personal injury protection with each new or renewed auto liability policy unless a named insured rejects it in writing (RCW 48.22.085). The minimum offer is $10,000 for medical and hospital costs, a $2,000 funeral benefit, $10,000 of income continuation at up to $200 a week, and $5,000 for loss of services at up to $200 a week (RCW 48.22.095). The statute ties these benefits to an “automobile accident” and defines an automobile as a passenger car (RCW 48.22.005), meaning a vehicle designed for ten passengers or fewer (RCW 46.04.382). Whether your PIP pays after a bus crash depends on your policy’s wording, so ask the insurer in writing.

UIM. Auto liability policies must include underinsured motorist coverage unless a named insured or spouse rejects it in writing (RCW 48.22.030). It covers insured persons legally entitled to recover from the owner or driver of an underinsured, hit-and-run or phantom vehicle. For a phantom vehicle that never touched the bus, the facts must be corroborated by evidence other than the claimants’ own testimony, and the accident reported to police within 72 hours.

Getting the bus video under the Public Records Act

Pierce Transit’s claim page says information on its form is handled as part of the claims process “and not as a public records request.” Ask for video separately under chapter 42.56 RCW.

Video recordings are writings covered by the act, which reaches every county, municipal corporation and special purpose district (RCW 42.56.010). A request must identify the records, but it needs no official format, may be made in person, by mail or by email, and generally need not say why you want them (RCW 42.56.080). Within five business days the agency must provide the records, acknowledge the request with a time estimate, ask for clarification, or deny it in writing (RCW 42.56.520). A requested record scheduled for destruction must be kept until the request is resolved (RCW 42.56.100).

Give the date, a time window, route, bus number, direction and nearest stop, and ask for video and audio from every camera on that bus. King County takes requests through its Public Records Program or at PRA.Requests@kingcounty.gov. Sound Transit takes them online, at PDTeam@soundtransit.org, by mail or by fax.

What this means for your case

  1. The same day, note the route, bus number, direction, time and nearest stop, and get contact details for riders who saw it.
  2. Send the records request for video right away, apart from the claim.
  3. Present a claim to the designated agent of every public body that may share fault.
  4. Deliver it in person or by certified mail with return receipt when you can and keep proof of receipt. If an agency accepts email, save the confirmation.
  5. Ask your auto insurer in writing about PIP and UIM.
  6. Calendar the 60th day after presentment and the five court days after it.

Our Washington bus accident lawyer page explains how Beverly Law handles these claims. Call (310) 552-6959 for a free consultation in English or Spanish. You owe no fees or costs unless we win.

Common questions

Can I email my claim to a Washington transit agency?

Under RCW 4.96.020, presentment means hand delivery to the agent or the agent’s receipt of the claim by mail. King County, Sound Transit, Community Transit and Spokane Transit also say they accept claims by email. If you email a claim, keep the confirmation, and if the deadline is close, also deliver a copy in person or by certified mail.

What happens if I sue before the 60 days are up?

The case can be dismissed. In Lee v. Metro Parks Tacoma (2014), a suit filed 14 days after the agency received the claim was dismissed because nothing showed the agency had investigated, evaluated or discussed settling the claim in that time. Count the 60 calendar days from the date the agent received the claim.

Does filing a claim make the agency keep the bus video?

Do not count on the claim alone. Pierce Transit says its claim form is handled as part of the claims process and not as a public records request. A separate request under chapter 42.56 RCW triggers the rule in RCW 42.56.100 that a requested record scheduled for destruction must be kept until the request is resolved.

Who pays my medical bills while the claim is investigated?

King County and Spokane Transit both say you are responsible for your own medical expenses during the investigation. King County adds that if a settlement is warranted, it may include medical bills. Your own auto policy’s PIP coverage may help, depending on its terms.

What if a state vehicle or state employee was involved?

File a separate claim with the Department of Enterprise Services’ Office of Risk Management under RCW 4.92.100. DES accepts claims online, by fax, by mail, or in person by appointment, and says it acknowledges a claim by letter within about 10 days. RCW 4.92.110 sets the same 60-day wait and pauses the limitation period during it.

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Related pages

Washington bus accident lawyer · Beverly Law in Washington · How to file a claim after a bus accident in California · Comparative fault in California, Texas and Washington · Personal injury deadlines in California, Texas and Washington

Sources

  1. RCW 4.96.010, liability of local governmental entities and claim as condition precedent
  2. RCW 4.96.020, designated agent, standard tort claim form, 60-day wait, tolling, substantial compliance
  3. RCW 39.50.010, definition of municipal corporation
  4. RCW 4.92.100, claims against the state
  5. RCW 4.92.110, 60-day wait and tolling for state claims
  6. RCW 4.16.080, three-year limitation period
  7. RCW 4.22.005, effect of contributory fault
  8. RCW 48.22.005, PIP definitions
  9. RCW 48.22.085, PIP must be offered
  10. RCW 48.22.095, minimum PIP benefits
  11. RCW 48.22.030, underinsured, hit-and-run and phantom vehicle coverage
  12. RCW 46.04.382, definition of passenger car
  13. RCW 42.56.010, Public Records Act definitions
  14. RCW 42.56.080, identifiable records and how requests are made
  15. RCW 42.56.100, records scheduled for destruction must be kept
  16. RCW 42.56.520, five-business-day response
  17. Tortes v. King County, 119 Wn. App. 1, No. 49576-3-I (Wash. Ct. App. Div. I, June 2, 2003)
  18. Lee v. Metro Parks Tacoma, 183 Wn. App. 961, No. 44705-3-II (Wash. Ct. App. Div. II, Oct. 7, 2014)
  19. King County Office of Risk Management Services, File a claim
  20. King County Office of Risk Management Services, Claims FAQ
  21. King County, Submit a public records request
  22. Sound Transit, How to file a claim
  23. Sound Transit, Request for records
  24. Community Transit, Contact us (claim form)
  25. Community Transit, standard claim form (PDF)
  26. Pierce Transit, Claim for damages
  27. Spokane Transit, Claim for damages form (rev. 11/2025)
  28. Spokane Transit, Claims FAQ
  29. Department of Enterprise Services, File a tort claim

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. Last reviewed: November 10, 2026.

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