Driving on the roads of Washington State can be an exhilarating experience, but it also comes with its share of risks and responsibilities. When the unexpected happens, understanding the laws and rules governing motor vehicle accidents becomes crucial.
This guide offers a clear overview of Washington’s motor vehicle accident laws, including liability requirements, the statute of limitations, how to file an accident report, and unique considerations. With this, you’ll be better prepared to handle the legal and financial challenges that can follow a car accident.
System type: Washington operates under a traditional tort of “fault" system. This means that the driver found to be at fault for causing an accident is responsible for the resulting damages. In such cases, the at-fault driver's insurance typically covers the costs.
Minimum liability required: Washington State’s mandatory liability insurance law, governed by the Washington State Department of Licensing (DOL), requires all drivers of motor vehicles and motorcycles to meet one of the following financial responsibility options:
Uninsured/underinsured motorist coverage: Washington insurers must offer UM/UIM coverage, which protects you if you’re involved in an accident caused by a driver with no insurance, insufficient coverage, or a hit-and-run. This coverage applies to your family members and authorized vehicle drivers. If you do not want UM/UIM, you must reject it in writing.
Personal Injury Protection (PIP): PIP coverage helps pay for medical costs and other expenses regardless of who was at fault in the accident. Washington insurers must offer PIP, but you can reject it in writing. If you do not decline PIP, it will automatically be added to your policy.
Optional coverages: These are not required by law but can provide additional financial protection. Lenders may require some if you have a financed or leased vehicle.
Rideshare insurance requirements: Washington law requires that any personal vehicle used for rideshare services be covered by a primary automobile insurance policy that explicitly includes commercial transportation coverage.
Penalties for non-compliance: Driving without the required insurance in Washington can lead to significant penalties:
Washington follows a comparative negligence system, meaning if you're partially at fault for an accident, your compensation is reduced by your percentage of fault. For example, if you are found 30% responsible, you can still recover 70% of your damages. However, being partly at fault does not bar you from seeking compensation.
In wrongful death cases, the fault of the deceased is not passed on to their family members. This means if a person dies in a crash, their spouse, partner, or children can still pursue a claim without having their compensation reduced due to the deceased’s share of fault.
When multiple vehicles are involved in an accident, fault is divided among all responsible parties. Each driver is only responsible for their share of the damages unless they were working together or one was responsible for the other’s actions.
If one driver pays more than their fair share, they can seek reimbursement from other at-fault drivers. Additionally, if a victim settles with one driver, the remaining drivers are still responsible for their portion of the fault, but the settlement amount reduces the total claim amount.
Passengers in a car accident are rarely at fault, which means they have the right to seek compensation from the driver responsible—whether it’s the driver of the car they were in or another driver involved in the crash.
A passenger’s claim may be divided among several insurance policies if multiple drivers are responsible. In wrongful death cases, a passenger’s family can file a wrongful death claim, and their compensation won’t be reduced due to the victim’s fault.
Claims against the government: There are special rules if a government agency or employee is involved in an accident. Before filing a lawsuit, you must submit a formal claim to the state’s risk management office and wait at least 60 days for a response. This process ensures the government can settle the claim before legal action. The three-year statute of limitations applies but is paused during the 60-day waiting period.
Exceptions to the rule
Reporting unpaid damages from an uninsured driver: If you were involved in an accident with an uninsured driver who refuses to pay for damages, you can request action from the Washington Department of Licensing.
Washington law requires drivers to report an accident if:
When an accident occurs, it is always recommended to contact law enforcement. When a police officer responds to the scene, they will file an official Police Traffic Collision Report.
If your accident meets the above criteria and no police officer investigates, then each driver must submit a collision report within four days.
Washington State Patrol Collision Records Section
P.O. Box 42628
Olympia, WA 98504-2628
If you were in a minor, non-injury accident and a 911 dispatcher or officer directed you to file a report, you must submit a collision report using the same methods.
Washington State Patrol
Collision Records Section
P.O. Box 42628
Olympia, WA 98504-2628
Punitive damages: Washington generally does not award punitive damages, which punish wrongful conduct or deter future misconduct.
Claims against the government: The state of Washington can be liable for negligence just like a private party, meaning there are no special damage caps for claims against government entities.
At-fault driver’s insurance: If another driver caused the accident, their liability insurance covers your medical expenses. However, claims take time to process, and you may need to use other coverage while waiting for a settlement.
PIP coverage: As a no-fault coverage, PIP pays for medical expenses regardless of fault. Washington insurers must offer PIP, but drivers can reject it in writing. Standard PIP coverage starts at $10,000 but can be increased to $35,000.
Your health insurance: If you do not have PIP and still haven’t settled, your health insurance can cover medical bills, but you may still be responsible for co-pays, deductibles, and out-of-network costs. Some health insurers also require reimbursement if you later receive a settlement.
UM/UIM coverage: If you’re hit by an uninsured or underinsured driver, UM/UIM coverage can help pay for medical expenses. The law does not require these policies, but your insurer must offer them as options.
Out-of-pocket payments: If you do not have any other coverage and are waiting on a settlement with the at-fault driver or a lawsuit, you may need to pay for immediate medical expenses out-of-pocket, which can be reimbursed at a later time.
Medical liens: Healthcare providers may place a medical lien on your injury settlement, meaning they will be paid directly from your compensation before you receive the remaining balance.
Subrogation: If your health insurer or PIP provider pays for accident-related medical expenses, they may seek reimbursement from the at-fault driver’s insurance once a settlement is reached.
Heavy rain: Western Washington experiences frequent rainfall throughout the year, making roads slick and increasing the chances of hydroplaning and skidding. Wet conditions reduce braking efficiency and visibility, leading to a higher risk of rear-end collisions and roadway runoff accidents.
Winter ice and snow: Snow and ice are major hazards in Eastern Washington and mountain regions, especially in higher elevations and mountain passes. Black ice can form on shaded roadways, creating invisible dangers for drivers. Snow accumulation can lead to multi-car pileups and vehicles sliding off the road.
Fog: The Puget Sound region and coastal areas frequently experience dense fog, especially in the early mornings and late evenings. Reduced visibility can lead to highway crashes and rear-end collisions.
Landslides: Steep terrain and heavy rainfall contribute to frequent landslides, particularly in Seattle, Tacoma, and along the Olympic Peninsula. Flash flooding can wash out roads and trap vehicles, temporarily making some highways impassable.
Volcanic hazards: Washington is home to active volcanoes, including Mount Rainier, Mount St. Helens, and Mount Baker. While eruptions are rare, volcanic ash clouds can severely impact visibility, causing reduced traction, brake failure, and respiratory hazards for drivers.
Wildlife collisions: Large populations of deer and elk in both Western and Eastern Washington contribute to frequent vehicle-wildlife collisions, particularly in forested areas and near rivers. These accidents can cause serious vehicle damage and injuries, especially at higher speeds.
For real-time updates on weather, road conditions, and travel alerts, visit the WSDOT website.
Washington State Department of Transportation (WSDOT): https://wsdot.wa.gov/
Washington State Department of Licensing (DOL): https://dol.wa.gov/
Washington State Office of the Insurance Commissioner (OIC): https://www.insurance.wa.gov/
Washington State Patrol (WSP): https://wsp.wa.gov/