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What should I do after a car accident in Washington?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Washington is an at-fault (tort) state with one of the most plaintiff-friendly comparative-fault rules in the country.

1. Immediate Steps at the Scene

  • Stop and exchange information (RCW 46.52.020). Felony hit-and-run if injury or death.
  • Render reasonable aid.
  • Call 911 for injuries or significant damage.
  • 2. Mandatory Reporting

  • Police: Required for injury, death, or damage exceeding $1,000 (RCW 46.52.030).
  • Vehicle Collision Report (Form 161-001): Filed by the officer, or by the driver within 4 days if police did not investigate.
  • Notify insurer.
  • 3. Minimum Liability Insurance

    25/50/10 under RCW 46.30.020.

    4. Pure Comparative Negligence

    Under RCW 4.22.005, contributory fault does not bar recovery — it merely reduces damages by the plaintiff's percentage of fault. Plaintiff can recover even at 99% fault, mirroring California's rule.

    5. Statute of Limitations

  • Personal injury: 3 years (RCW 4.16.080(2)).
  • Property damage: 3 years (RCW 4.16.080(2)).
  • Wrongful death: 3 years (RCW 4.16.080(2)).
  • Claims against the State or local governments: 60-day pre-suit notice under RCW 4.92.110 (state) and RCW 4.96.020 (local).
  • 6. Joint and Several Liability

    Washington abolished pure joint and several liability in most cases — defendants are generally severally liable per their percentage of fault under RCW 4.22.070, with limited exceptions (e.g., concerted action, agency, fault-free plaintiff).

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Government vehicle/agency involved (60-day pre-suit notice)
    • Multiple at-fault parties — apportionment matters under RCW 4.22.070
    • Serious injury or wage loss exceeding minimum policy limits
    Related Statutes & Laws
    • RCW 46.30.020
    • RCW 46.52.020
    • RCW 46.52.030
    • RCW 4.16.080
    • RCW 4.22.005
    • RCW 4.22.070
    • RCW 4.92.110

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.