See what to do after a Washington car accident to protect your rights and build a strong insurance claim.
On average, more than ten people a day are hurt or killed on Washington roadways.¹
When you or a family member are injured in a car accident, you’re entitled to pursue compensation. Here’s what you need to know about Washington traffic laws and car accident insurance claims.
What to Do After a Washington Car Accident
Here are five steps you can take after a collision to comply with Washington car accident laws and start building a successful personal injury claim.
1. Stay At the Scene and Exchange Information
Washington drivers are required to stop and remain at the scene of an accident involving injuries or death. Drivers must share their name, address, vehicle license number, and vehicle insurance information. Drivers also must show their driver’s license to the other driver, vehicle occupants, and police on the scene.
Drivers are legally obligated to report any car accident involving injury, death, or at least $1,000 or more in property damage to the local authorities within 4 days of the crash.
The reporting requirement is met if a police officer responds to the accident scene and subsequently files a crash report.
2. Call 911 and Help the Injured
Washington drivers are required to render reasonable assistance to the injured. This includes transportation to the nearest doctor or medical facility when an injury is clear or help is requested.
Calling 911 to report the accident and request an ambulance satisfies your legal requirements to arrange for transportation to the hospital. Do what you can to help the injured until emergency services arrive on the scene.
3. Seek Prompt Medical Treatment
Protect your health and your financial future by getting prompt medical attention after a motor vehicle accident. Even a fender-bender can cause significant injuries, although you might not realize right away that you’ve been hurt.
Never refuse or delay medical care after an accident. You’ll be giving the at-fault driver’s insurance company a convenient excuse to deny or minimize your injury claim.
When a rescue squad arrives on the scene, let the medics evaluate you. Let them transport you to the hospital if that’s what they recommend. If you aren’t taken directly to the hospital from the scene, get a medical evaluation at an urgent care center or your family doctor’s office, preferably on the same day as the crash.
The cost of immediate medical attention and transportation will be included in your insurance claim.
4. Gather Evidence From the Scene
Washington is a traditional fault state, meaning car accident victims have the right to seek compensation from the negligent driver. Most cases start with a claim against the at-fault driver’s insurance company.
If settlement negotiations fail, your attorney will file a lawsuit against the at-fault driver.
In any case, the burden is on you to establish fault. That means you or your attorney must prove the other driver did something wrong, or failed to do what any reasonable driver would do to avoid a collision.
The police crash report is strong evidence of fault, especially if the other driver was cited for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
Washington is a fault state, so most car accident claims are filed with the at-fault driver’s auto insurance company.
You don’t have to wait until you’ve fully recovered to notify the at-fault driver’s carrier of your intent to pursue compensation. In response, you will likely get an acknowledgment letter with a claim number and the contact information of the adjuster assigned to your claim.
Don’t be surprised if you get a call from the adjuster with a fast settlement offer. Just tell them you don’t want to discuss settlement while you are still treating your injuries. Adjusters will try to get your claim closed fast and cheap. Don’t fall for their tactics.
You must notify your own insurance company even when the accident wasn’t your fault. Your auto policy is a binding contract with a “notification clause” requiring you to tell them right away of the accident. In turn, your insurer has a duty to defend you if anyone involved in the crash names you in a lawsuit.
Serious injury claims are best handled by an experienced personal injury attorney. If you choose to hire an attorney, you can rest and recover while your attorney takes care of all communications with the at-fault driver’s insurer and your own insurance company.
Washington Fault and Liability Rules
Unlike a no-fault state, where you are restricted from going after the other driver, Washington is a traditional fault state, meaning you have the right to file an insurance claim or lawsuit against the at-fault driver.
Washington Shared Fault Rules
Washington is a pure comparative fault state. This means you have the right to seek compensation from the other driver even if you are 99% at fault for causing the accident.
Example of Pure Comparative Fault in Washington
Felix was traveling on Bell Street approaching 7th Street in Seattle. Luna was traveling on 7th Street, approaching Bell Street.
Felix increased his speed, intending to get through the intersection before the traffic light turned red. Luna had begun to make a left-hand turn a little early onto Bell Street when Felix entered the intersection, just as the light was turning red. Felix’s vehicle collided with the front side of Luna’s car. Both drivers were injured.
Luna was cited for making an improper left turn. Felix was cited for speeding.
Luna filed a $50,000 claim with Felix’s insurance company. When negotiations failed, she filed a lawsuit against Felix.
At trial, the jury found Luna to be 60 percent liable for causing the crash, while Felix was 40 percent liable for speeding. Although the jury found in favor of Felix, Luna was still awarded $20,000, representing a 60 percent reduction for her share of fault.
Washington Car Accident Compensation
The average settlement for a moderate car accident claim in Washington is $25,181, with average payouts ranging from $6,827 for minor injuries to $489,887 for severe injuries.
Injury settlements in Washington can vary widely, depending on the circumstances surrounding the crash, the severity of the victim’s injuries, and the available insurance limits.
For example, look at these two rear-end accident cases with low and high payouts:
- In Pierce County, Froehling v. Tysdal, 2015-2-05371-5, a jury awarded $1,090 for soft-tissue back and neck injuries. The jury was influenced by expert testimony about the plaintiff’s prior injuries.
- In Kitsap County, Whitworth v. School District, 20-2-01492-18, a $1.5 million settlement was reached for neck, back, and cognitive injuries caused by a school district employee.
Factors that impact Washington car accident compensation include:
- Injury severity
- Shared negligence
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like tractor-trailers, buses, or dump trucks often carry higher levels of liability insurance. Accidents with these types of vehicles can therefore result in higher settlements.
Serious or fatal injury claims are best handled by an experienced attorney to ensure the best outcome for the victim and their family.
Washington State Minimum Insurance Requirements
Vehicle owners in Washington must carry insurance liability limits of at least $25,000 per person/$50,000 per accident for bodily injury, and $10,000 for property damage.
Auto insurance companies operating in Washington are obligated to offer Personal Injury Protection (PIP) as well as uninsured and underinsured motorist (UM/UIM) coverage. The policyholder may reject optional PIP and UM/UIM coverages.
Calculating a Mild to Moderate Injury Settlement
You can estimate fair compensation for a mild to moderate injury claim by using the “multiple” method. Start by totaling your medical bills, out-of-pocket medical costs, and lost income. Then add one to three times that amount to account for your pain and suffering.
The insurance adjuster will likely be willing to pay a multiple of one for the inconvenience and discomfort of minor injuries, like a sprained wrist. A multiple of two or three can be justified for injuries that interfered with your life for weeks or months, like hobbling around on crutches with a broken leg.
You’ll need an experienced personal injury attorney to get a fair payout for serious injury claims. The attorney will put together the evidence needed to support a claim that includes future medical costs, loss of future income, and the intense pain and suffering from severe injuries.
How Much is Your Injury Claim Worth?
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