Washington car accident statute of limitations: three years, any fault share
The Washington car accident statute of limitations gives three years. Call free to learn your last day.
Washington gives three years to sue and its fault rule never shuts you out. Even a driver mostly to blame can recover a share, under RCW 4.22.005. The three years cover both injuries and car damage.
The deadlines in Washington
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Three years | RCW 4.16.080(2) |
| Car or property damage lawsuit | Three years | RCW 4.16.080(2) |
| Shared fault | Pure comparative: your share reduces the award but never bars it | RCW 4.22.005 |
| Minimum liability cover | $25,000 / $50,000 / $10,000 | RCW 46.29.090 |
| Claim against a city, county or the state | File a claim, then wait 60 days before suing | RCW 4.96.020; RCW 4.92.110 |
| Personal injury protection (PIP) | Must be offered; can be rejected in writing | RCW 48.22.085 |
Washington’s pure comparative fault
Under pure comparative fault, the jury sets each driver’s percent of blame and your award drops by yours. Washington never cuts you off, under RCW 4.22.005. Found 70 percent at fault, you can still collect 30 percent of your losses.
That rule changes the insurer’s playbook. Instead of denying the claim, adjusters push to raise your percent, because every point they add lowers the check.
Government crashes and the 60-day wait
If a city bus or state truck hit you, a lawsuit cannot start right away. You first file a claim, then wait 60 days, under RCW 4.96.020 for local bodies and RCW 4.92.110 for the state. The three-year clock pauses during that wait.
For a child, time under age 18 is left out of the three years, under RCW 4.16.190.
Insurance behind a Washington claim
Washington is an at-fault state. A liability policy must pay at least $25,000 per person and $50,000 per crash for injuries, plus $10,000 for property, under RCW 46.29.090. Those limits run out fast after a hospital stay.
Insurers must offer PIP, which pays your own medical bills and lost wages. You may have turned it down in writing, under RCW 48.22.085, so check your declarations page.
When a Washington car accident lawyer can help
Because fault is split by percent, small facts move real money. An attorney can test the other driver’s story, add any PIP claim on your own policy and file before three years pass. The call is free and the lawyer is paid only if you win.
Other states: Oregon, Idaho, Montana or every state on one page.
Washington car accident statute of limitations questions
How long do I have to sue after a car accident in Washington?
Three years from the crash for injuries and vehicle damage, under RCW 4.16.080.
Can I recover if the crash was mostly my fault in Washington?
Yes. Washington uses pure comparative fault, so your award shrinks by your share but is not barred.
Is Washington a no-fault state?
No. The at-fault driver pays. PIP is optional cover on your own policy.
Do I need to file a claim before suing a Washington city?
Yes. File the claim form, then wait 60 days before filing suit.
Before the clock runs out
In Washington, the fight is usually over your percent of blame and each point lowers the payout. Call before you sign a release and a lawyer will check whether the offer matches your share.
Call about my deadline(833) 716-6705
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