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Washington accident law

Washington car accident settlement calculator

Washington is an at-fault state that uses pure comparative negligence. You generally have 3 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Checked against official sources November 5, 20266 cited sourcesHow we calculate

Injury lawsuit deadline3 yearsRCW 4.16.080(2); RCW 4.96.020(4)
Fault rulePure comparativeRCW 4.22.005
Insurance systemAt-faultNo PIP requirement
Minimum liability25/50/10thousands of dollars

Washington settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

Washington: Pure comparative negligence, at-fault (tort) state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a Washington attorney about your case.

Washington filing deadlines

ClaimDeadline
Personal injury lawsuit3 years
Vehicle and property damage3 years
Wrongful death3 years
Notice of a claim against a governmentClaim must be presented to the local government entity and 60 calendar days must elapse before suit (RCW 4.96.020(4)); no separate short notice deadline found.
RCW 4.16.080(2); RCW 4.96.020(4). Counted from the accident date in most cases.

Lead-in: "The following actions shall be commenced within three years". Wrongful death statute (RCW 4.20.010) has no own limitation period; the 3-year period of RCW 4.16.080(2) is applied by courts (wrongfulDeath value from that general provision, not stated expressly in 4.20).

If you were partly at fault

Washington follows pure comparative negligence. Your damages are reduced by your percentage of fault, and you can recover something even if you were mostly to blame.

  • With $100,000 in damages and 30% of the fault, you would recover $70,000.
  • With 55% of the fault, you would recover $45,000.

Source: RCW 4.22.005. Compare all states in the comparative negligence table.

At-fault (tort) state

In Washington the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Your own medical payments or health coverage can pay bills while the claim is pending.

RCW 48.22.095: "Medical and hospital benefits of ten thousand dollars" among the minimum PIP limits insurers must offer.

Minimum car insurance in Washington

$25,000 per person and $50,000 per accident for injuries, $10,000 for property damage. Uninsured motorist coverage is optional or can be rejected in writing.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. Property damage: "not less than ten thousand dollars." Last amended 1980. Underinsured (UIM, which in Washington includes uninsured) coverage must be provided in the same amount as liability unless the named insured rejects it in writing (RCW 48.22.030(3)-(4)).

Damage caps

Washington does not cap pain and suffering in ordinary car accident cases.

The 1986 noneconomic damages cap was held unconstitutional by the Washington Supreme Court in Sofie v. Fibreboard Corp. (1989) and was formally repealed in 2023. No cap applies.

Dog bite law

Strict liability statute. Bites only; victim must be in a public place or lawfully in a private place (including the owner's property). Does not apply to lawful use of a police dog. Provocation is a defense under RCW 16.08.060.

Source: RCW 16.08.040. Estimate a claim with the dog bite calculator.

Frequently asked questions

How long do I have to file a car accident claim in Washington?

3 years from the accident for an injury lawsuit and 3 years for vehicle damage (RCW 4.16.080(2); RCW 4.96.020(4)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.

Is Washington a no-fault state?

No. Washington is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

What happens if I was partly at fault in Washington?

Washington follows pure comparative negligence (RCW 4.22.005). Your damages are reduced by your percentage of fault, and you can recover something even if you were mostly to blame.

What is the minimum car insurance in Washington?

$25,000 per person and $50,000 per accident for injuries, $10,000 for property damage (25/50/10).

Does Washington cap pain and suffering damages?

Not in ordinary car accident cases. The 1986 noneconomic damages cap was held unconstitutional by the Washington Supreme Court in Sofie v. Fibreboard Corp. (1989) and was formally repealed in 2023. No cap applies.

Sources

Checked against official Washington sources November 5, 2026.

  1. Washington statute of limitations: RCW 4.16.080(2); RCW 4.96.020(4)
  2. Washington comparative fault: RCW 4.22.005
  3. Washington insurance system: RCW 48.22.085 (PIP optional coverage, rejection); RCW 48.22.095 (minimum PIP)
  4. Washington minimum liability insurance: RCW 46.29.090(1); RCW 46.30.020(1)(a) (liability insurance required to operate); UIM RCW 48.22.030
  5. Washington damage caps: RCW 4.56.250 (former noneconomic damages limitation), repealed by 2023 c 102 s 5
  6. Washington dog bite liability: RCW 16.08.040