Washington Car Accident Lawyer

Is Washington a no-fault state for car accidents?

No. Washington is an at-fault state, so the driver who caused the crash is responsible for your losses through their liability insurance. But Washington adds a helpful layer: insurers must offer personal injury protection (PIP), and you have it unless you rejected it in writing.

PIP is paid by your own insurer regardless of fault. It can cover medical and hospital bills, a portion of lost wages and some household help, up to your policy limits. It does not cover pain and suffering, and it is not a substitute for the claim against the at-fault driver.

Using PIP does not stop you from pursuing the other driver. Your insurer may later seek repayment from the at-fault driver's insurer, which is why the two claims need to be coordinated.

How does pure comparative fault change a Washington crash settlement?

In Washington, your compensation is reduced by your share of fault, but you can still recover something even if you were mostly to blame. That changes how insurers negotiate.

Here is a worked example. Two drivers collide at an intersection in Spokane. One ran a stale yellow light; the other was speeding. Total damages for the injured driver are $150,000.

• If the jury finds the injured driver 20% at fault, the recovery is $120,000.
• If the jury finds the injured driver 55% at fault, the recovery is $67,500.
• If the jury finds the injured driver 80% at fault, the recovery is still $30,000.

Because recovery is never cut off, Washington adjusters focus on nudging percentages. A few points can mean thousands of dollars, so evidence on speed, signal timing and visibility matters a great deal.

What happens when the at-fault Washington driver has little or no insurance?

Your own uninsured and underinsured motorist coverage can step in. Washington insurers must offer UIM coverage, and it applies unless you rejected it in writing.

UIM coverage in Washington can apply when the at-fault driver has no insurance, has too little insurance or cannot be identified after a hit-and-run. Policies require prompt reporting, so call police and notify your insurer quickly. Remember that your own insurer becomes the opposing party on a UIM claim and will look for ways to lower the payment.

Who is liable for crashes on I-5, I-405 and Puget Sound highways?

The driver who failed to drive safely for the conditions is usually liable, even in heavy congestion or rain. Washington's busy urban corridors produce predictable patterns that point to fault.

• Rear-end chains in I-5 and I-405 stop-and-go traffic, where following too closely is the usual cause
• Merging and lane-change crashes near major interchanges in Seattle, Bellevue and Tacoma
• Ferry terminal and bridge approaches where traffic backs up suddenly
• Pedestrian and cyclist crashes in dense neighborhoods, especially in dark, rainy months

Rain is a constant west of the Cascades. Wet roads do not excuse a driver who fails to slow down or leave space. If a delivery truck or tractor-trailer was involved, our page on Washington truck accidents explains how commercial cases differ.

How do rideshare crashes work in Washington?

Rideshare crashes add insurance layers. Uber and Lyft drivers in Washington are covered by personal policies and company policies that change depending on whether the driver was offline, waiting for a request or carrying a passenger.

Passengers usually have access to the largest coverage, because the rideshare company's policy is typically in force during a trip. Drivers and others hit by a rideshare vehicle may have to sort through multiple insurers. Our rideshare and taxi accidents page covers those stages.

What should you do right after a Washington car crash?

Get safe, get treatment and start the paper trail. A few steps early make the rest of the claim easier.

1. Call 911 if anyone is hurt and ask for the collision report number.
2. Exchange insurance information and photograph both vehicles and the scene.
3. Open a PIP claim with your insurer if you have that coverage.
4. See a doctor quickly and keep records of every visit.
5. Ask whether any government vehicle, bus or road crew was involved.
6. Hold off on recorded statements to the other driver's insurer.

If a city bus, county vehicle or state road condition played a role, Washington requires a standard tort claim form and a 60-day waiting period before suit. Learn about that process on our government and public property injury claims page, and see our Washington injury law guide for the broader rules. We offer a free case review, and there is no fee unless we win.