WA · Accidents & Injuries

Accidents & Injuries in Washington

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Washington Law

Revised Code of Washington Section 4.16.080

Washington imposes a three-year statute of limitations for personal injury claims arising from accidents. An injured party must generally file their lawsuit within three years of the date of the accident or injury.

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Procedural Details in Washington

Washington follows pure comparative fault under Revised Code of Washington Section 4.22.005, allowing plaintiffs to recover even if substantially at fault — their recovery is reduced proportionally. Washington is a traditional tort (fault-based) auto insurance state. Washington does not impose a general cap on compensatory damages in most personal injury cases. Government claims under the Washington Tort Claims Act (RCW 4.96.020) require a notice of claim filed at least 60 days before suit, generally within the three-year limitations period. Washington law requires apportionment of fault among all parties, including settling defendants.

Washington Agencies & Resources

Washington State Office of the Insurance Commissioner

Regulates insurance companies in Washington and handles consumer complaints about auto accident coverage.

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Washington Department of Licensing — Driver Services

Manages Washington driver licensing, vehicle registration, and accident report records.

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Washington State Bar Association — Lawyer Referral Service

Provides referrals to Washington-licensed personal injury attorneys.

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Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Washington?

Revised Code of Washington Section 4.16.080 provides a three-year statute of limitations for personal injury claims. Government entity claims under the Washington Tort Claims Act (RCW 4.96.020) require a notice of claim filed at least 60 days before suit. The notice must be filed well within the three-year limitations period to allow time for the 60-day waiting period before filing suit.

How does Washington's pure comparative fault rule work?

Under Revised Code of Washington Section 4.22.005, Washington uses pure comparative fault. Even if you are 90% at fault for an accident, you can still recover 10% of your damages from the other party. There is no fault threshold that bars recovery entirely, making Washington more plaintiff-favorable than most modified comparative fault states.

Is Washington a no-fault auto insurance state?

No. Washington is a traditional tort (fault-based) state. The at-fault driver's liability insurance compensates injured parties. Washington does not require mandatory personal injury protection (PIP) coverage, though optional PIP and medical payments coverage is available.

Are there damage caps in Washington accident cases?

Washington does not impose a general statutory cap on compensatory damages in most personal injury accident cases. Government entity claims may be subject to limitations under the Washington Tort Claims Act. Punitive damages are generally not available in Washington State, which is unusual among US jurisdictions.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026