Understanding Your Rights After a Car Accident in Washington State

A car accident affects more than just your vehicle—it can disrupt your health, finances, and legal standing. Washington state car accident laws determine how fault is assigned, how insurance claims are handled, and what legal options are available to victims. If you’re facing medical expenses, lost wages, or insurance disputes, knowing your rights can help you take the proper steps toward recovery.

Equip yourself with the knowledge to navigate the legal process, protect your rights, and make informed decisions after an accident. If you have any questions, please contact your legal experts today.

Immediate Steps After a Car Accident

What you do in the moments after a car accident can impact your safety, insurance claims, and potential legal cases. Taking these steps helps protect your rights and positions you for a smoother legal and insurance process.

• Safety First: Check for injuries and, if possible, move to a safe location. Call 911 to report the accident and request medical assistance if needed. Washington law requires reporting accidents involving injury, death, or significant property damage.
• Document the Scene: Take photos of the vehicles, road conditions, traffic signals, and any visible injuries. This evidence can support your claim and help establish fault.
• Exchange Information: Collect contact details, driver’s license numbers, license plate numbers, and insurance information from all involved parties.
• Avoid Admitting Fault: While wanting to apologize is natural, it can be considered an admission of fault and used against you in court, especially when there are no witnesses or cameras to assist with the investigation. However, fault is determined by an investigation, not immediate statements at the scene.
• Notify Your Insurance Company: Provide factual details without speculating on fault or liability as soon as possible. Ensure you have a complete understanding of what is included in your policy including whether you have Personal Injury Protection as part of your insurance plan.
• Seek Medical Attention: Some injuries may not be immediately apparent. A medical evaluation provides documentation if you need to file a claim. Putting off seeking medical attention can cause issues when filing a claim. The opposition might claim that your injuries were the result of something that happened between the accident and when you sought medical attention or that they were not severe enough to require medical assistance initially.

Understanding Washington State Car Accident Laws

Washington law dictates how fault is determined and how claims are handled. Knowing these laws ensures you take the proper steps to protect your rights.

Comparative Negligence

As an at-fault state, Washington holds the responsible driver (or their insurer) liable for damages. If you are partially responsible, your compensation is reduced by that percentage.

Time Limits for Filing a Claim

You have three years from the accident date to file a personal injury or property damage claim. Missing this deadline may forfeit your right to compensation.

Insurance Requirements

Washington law requires minimum liability coverage of:

• $25,000 for one person’s injury or death
• $50,000 for multiple injuries or deaths
• $10,000 for property damage

Uninsured/underinsured motorist coverage is optional but provides extra protection if the at-fault driver lacks sufficient insurance.

Hit-and-Run Accidents

Leaving the scene of an accident is illegal. If you’re a hit-and-run victim, report the accident immediately and document as much as possible.

Navigating Insurance Claims

A detailed claim increases your chances of recovering compensation for vehicle repairs, medical bills, and lost wages.

• Report the Accident: Notify your insurance company as soon as possible. Provide factual details, but avoid admitting fault, as the investigation determines liability.
• Know Your Coverage: If the at-fault driver is uninsured, you may need to rely on uninsured motorist coverage or file a personal injury claim.
• Handling Disputes: If your claim is delayed, denied, or undervalued, you can dispute it. Keep records of all communications and consider legal assistance if negotiations stall.

Determine Whether You Have PIP (Personal Injury Protection)

PIP is no-fault medical insurance (starting at 10K) that is ‘primary’ when seeking collision-related medical care. If PIP is part of the policy, one’s insurance company will issue a claim number for the collision which will then be given to any medical provider that provides treatment to the injured party.

Each member of the insured’s vehicle will have their own 10K medical coverage. This means the 10K does not need to be shared amongst those inside the vehicle.

Additionally, PIP is no fault, meaning it doesn’t matter if one is at fault for the collision or not. PIP is primary to one’s health insurance which means PIP is billed first and once it has been exhausted (the 10K has been spent) then the health insurance is up next. You should be sure that all providers have both information and know which one to bill in, and in which order.

Furthermore, your insurance company will send you a PIP application which must be filled out before the insurance company will pay the provider once the bills are sent to them. This application will include a HIPAA release (this must be signed) because the insurance company wants to know if they are paying for an auto claim and not you being injured in a pick-up basketball game. If PIP becomes exhausted, your PIP carrier must send you a letter explaining there is no more money to pay out and a ledger to describe what’s been paid. This exhaustion letter and ledger must then be forwarded to your health insurance company because they won’t start making payments until they have the information contained in the same letter and ledger.

If PIP becomes exhausted (which happens frequently) this doesn’t mean one has to stop treating, rather it just means a different entity (i.e. health insurance) will now pick up the baton. If one doesn’t have health insurance after PIP becomes exhausted, the injured individual needs to call the current treating providers to determine whether any future care can be put on a lien that would be paid back at the end of the case (if the other driver was at fault) or on a future payment plan covered by you (if the collision was your fault).

After the third-party case (where you get a settlement from the at-fault driver) you are then required to pay back PIP and health insurance a portion of the bills paid out on your behalf. One does not get to keep the spoils of the settlement without having to pay back PIP and/or health insurance who assisted in getting you right. This is a contractual obligation that is only triggered if you receive a settlement. If the accident is your fault and you used PIP and/or health insurance to cover your injury care, you don’t owe anything back to PIP, but you might have ‘patient responsibility’ payments to the provider for what isn’t covered by your health insurance company.

Seeking Medical Attention and Documenting Injuries

Even if injuries seem minor, seek medical attention. Some injuries, like whiplash or internal trauma, may not show symptoms immediately. A medical evaluation provides documentation that supports your claim and connects your injuries to the accident.

Keep records of all medical visits, diagnoses, treatments, and expenses. If you plan to seek legal action, these records serve as vital evidence to prove the extent of your damages.

Protect Your Rights as a Car Accident Victim

Understanding car accident victims’ rights helps you navigate insurance claims and legal challenges. An attorney can advocate for fair compensation, handle negotiations, and guide you through Washington’s legal process. Seeking legal counsel strengthens your case and ensures you receive the support needed for recovery.

Washington state car accident law determines fault, insurance claims, and the legal rights of accident victims. If you need legal guidance, Feldman & Lee PS provides experienced legal representation for car accident cases. Visit our website to schedule a consultation.

 

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