Car accidents in Washington: what to do and who pays

At the scene and reporting a crash in Washington

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

Call police if anyone is hurt; the Insurance Commissioner advises not to leave the scene without calling police, even if the crash seems minor. If no officer makes a report, you must send your own written report within 4 days when anyone is hurt or killed or any one person's property damage looks like $1,000 or more: to city police inside a city or town, or to the county sheriff or State Patrol outside cities.

Damage amount

$1,000

Report to the state

The driver's written report goes to city police inside a city or town, or to the county sheriff or State Patrol outside cities (not to the DOL directly); it is forwarded to the State Patrol, which shares it with the Department of Licensing. You can file it online through the State Patrol's Online Motor Vehicle Collision Reporting (OMVCR) system, linked from https://wrecr.wsp.wa.gov/. If an officer investigated, you do not need to file one.

Deadline for your report

4 days

Law

RCW 46.52.030(1)-(2); WAC 446-85-010

Official text

Read the official text

First 24 hours after a crash in Washington

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in Washington

Washington is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System

Fault (tort)

PIP, benefits and when you can sue

No PIP required, but insurers must offer personal injury protection: at least $10,000 medical and hospital, $2,000 funeral, $10,000 income continuation ($200/week) and $5,000 loss of services ($200/week). Washington is a fault (tort) state: the at-fault driver and their liability insurer pay for other people's injuries and damage.

Law

RCW 48.22.095; RCW 46.30.020

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in Washington

Rule

Pure comparative

What it means

In Washington, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault.

Law

RCW 4.22.005 (your own fault reduces your damages proportionately but does not bar recovery)

Compare every state's rule in the comparative negligence table.

Who pays in Washington: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in Washington

Liability minimum

25/50/10

Uninsured / underinsured motorist (UM/UIM)

Underinsured motorist coverage (it also covers uninsured, hit-and-run and phantom vehicles) must be included for injuries at the same amount as your liability limits, and for damage to your car, unless you or your spouse reject it in writing (RCW 48.22.030). Personal injury protection must be offered; you can reject it in writing (RCW 48.22.085).

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in Washington

Request a copy of a collision report from the Washington State Patrol through its Requests for Electronic Collision Records (WRECR) system: https://wrecr.wsp.wa.gov/ (DOL also sends people to WSP for copies).

No confirmed online way to order a report in Washington? Ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in Washington

How fast insurers must act

Insurers must acknowledge a claim within 10 business days and reply to your communications within 10 business days (WAC 284-30-360), and must finish investigating within 30 calendar days or tell you in writing why not, then update you in writing every 30 days (WAC 284-30-370). The Insurance Commissioner says insurers must approve, deny or explain a delay within 30 days, and respond to supplemental reports and final invoices within 5 days.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer, within 10 business days for Washington where our data gives a day count.

If the other driver has no insurance in Washington

Driving without insurance, or failing to show proof of insurance, is a traffic infraction with penalties set by court rule (RCW 46.30.020). If an uninsured driver does not pay for crash damage of at least $1,000 or an injury, you can report it to the Department of Licensing on a Motor Vehicle Claim for Damages within 180 days of the crash, with copies of estimates and receipts; DOL may then suspend that driver's license. You can also claim under your own underinsured/uninsured motorist coverage (unless you rejected it), which can cover hit-and-run and phantom vehicles, or use collision and PIP.

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in Washington

Property damage (your car)

3 years

Injury

3 years

Notes, including claims against a government

For a city, county or other local government, file a tort claim form first and wait 60 calendar days before suing; the deadline is paused during those 60 days (RCW 4.96.020(4)). For the State, present the claim to the Office of Risk Management and wait 60 calendar days (RCW 4.92.110).

Law

RCW 4.16.080(2)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in Washington

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in Washington

Small claims limit

$10,000 for individuals, $5,000 for businesses.

Washington small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in Washington

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• Washington State Office of the Insurance Commissioner (Consumer Advocacy) · 800-562-6900

Free help in Washington

• WA Insurance Commissioner – Consumer Advocacy · 800-562-6900
• Washington State Patrol – WRECR collision records
• WA Department of Licensing – reporting collision damage / uninsured driver claim · 360-902-3900

Good to know in Washington

• For a phantom vehicle claim (a car that caused your crash without touching you), the crash must be reported to police within 72 hours (RCW 48.22.030; Insurance Commissioner).
• You can't be forced into a photo-only claim; after a virtual inspection, the insurer has 5 business days to inspect in person if you disagree on the loss amount (Insurance Commissioner).
• Washington uses pure comparative fault, so you can recover even if you were mostly at fault, reduced by your share (RCW 4.22.005).

Changes in 2024–2026

New Insurance Commissioner rules took effect October 18, 2026 (WSR 26-17-089): claim acknowledgment and replies are now counted in business days (10 business days), and if an investigation takes more than 30 days the insurer must explain in writing and send a written update every 30 days listing what it is still waiting for (WAC 284-30-360, 284-30-370). No change to minimum liability limits (still 25/50/10, RCW 46.29.090).

Free letters

Questions about car accidents in Washington

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