Washington Car Accident Settlement Calculator
In Washington, you generally have 3 years to file an injury lawsuit, you can recover even if mostly at fault, minus your share, and drivers must carry at least $25,000/$50,000 in injury liability. Enter your numbers below to see what a Washington claim may be worth and what you would actually take home.
- Verified 2026-11-13
- Official sources
- Free · nothing stored
Washington rules in 30 seconds
Details & exceptions
Washington uses pure comparative fault: any contributory fault of the injured person reduces their compensatory damages proportionately but does not bar recovery, even if they were mostly at fault (RCW 4.22.005). The statute also replaced older doctrines such as last clear chance.
Details & exceptions
RCW 4.16.080(2): 3 years for an action for taking, detaining or injuring personal property, and for any other injury to the person or rights of another not otherwise listed. Claims against local governments (cities, counties, etc.): a claim on the standard tort claim form must be presented to the entity's agent within the limitations period, and no suit may be filed until 60 calendar days after presentment; the limitations period is tolled during those 60 days (RCW 4.96.020).
Details & exceptions
Property damage minimum: $10,000. RCW 46.29.090(1): $25,000 for bodily injury or death of one person, $50,000 for two or more persons (subject to the one-person limit), and $10,000 for property damage per accident. The section's history ends with 1980 c 117 s 3, with no later amendment. HB 2308 (2026 session) dealt only with enforcement (not the dollar limits) and died on 2026-03-12. No bill raising the minimums was found for 2023-2026.
Details & exceptions
No general cap for typical car accident injury claims. No cap on noneconomic damages. The 1986 cap in RCW 4.56.250 was held to violate the right to a jury trial (Wash. Const. art. I, sec. 21) in Sofie v. Fibreboard Corp., 112 Wn.2d 636, 771 P.2d 711 (1989), and the section was formally repealed by Laws of 2023, ch. 102, sec. 5 (SSB 5087, removing language identified by the supreme court).
Details & exceptions
RCW 48.22.030(2): new and renewed policies for vehicles registered or principally garaged in Washington must include underinsured (including uninsured, hit-and-run and phantom vehicle) coverage, but 48.22.030(4) lets a named insured or spouse reject it in writing, for bodily injury or property damage. Once rejected, it need not be included in renewals unless requested in writing. Property damage UIM coverage may carry a deductible of up to $100 ($300 for hit-and-run or phantom vehicle claims) (48.22.030(7)). Treated as not required because it can be rejected, consistent with how optional UM is recorded for other states.
Worked example: a typical Washington car accident claim
Another driver turned left into you at an intersection in Washington: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%.
- Economic damages$20,000Medical bills + expected future treatment + lost wages.
- Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
- Total claim value$40,000 – $60,000Economic + pain and suffering.
- After your share of fault$32,000 – $48,000Washington uses pure comparative negligence: your recovery is reduced by your 20% share of fault.
- Limited by available insurance$32,000 – $48,000At-fault policy limit $100,000 + your UM/UIM $0.
- Estimated take-home$20,440 – $31,160Minus attorney fee (33%), case costs and medical liens.
You would take home about $25,800 ($20,440 – $31,160), after the 33% fee and $1,000 in case costs.
- At 51% fault instead: about $15,415, because Washington only reduces your recovery by your share.
- If the other driver only had the minimum policy: the $25,000 limit caps the claim, so you would keep about $15,750 unless you have underinsured motorist coverage.
Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.
How much time do you have to file?
General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.
Deadline traps in Washington
The 3-year lawsuit deadline is not the only clock. These are the ones people miss:
File a standard tort claim form before suing: with the Office of Risk Management for the State, or the designated agent of a city, county or other local entity. You must wait 60 calendar days before suing; the 3-year deadline pauses during that wait.
RCW 4.92.100 and 4.92.110, Claims against the state (Washington State Legislature)RCW 4.96.020, Claims against local governmental entities (Washington State Legislature)
Time while the child is under 18 does not count, so the 3-year clock usually starts at age 18.
RCW 4.16.190, Statute tolled by personal disability (Washington State Legislature)
How fast a Washington insurer must respond
Insurers must acknowledge a claim and answer claimant communications within 10 business days; 'claimant' includes third-party claimants. Your own insurer must accept or deny within 30 calendar days of notice, with updates every 30 days if it needs longer.
- Acknowledge your claim10 business days
- Accept or deny30 calendar days (first-party only)
WAC 284-30-360, Standards for acknowledgment of pertinent communications (Washington State Legislature)WAC 284-30-380, Settlement standards applicable to all insurers (Washington State Legislature)WAC 284-30-320, Definitions (Washington State Legislature)
If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.
Next steps after a Washington crash
- Got an offer? Check if it's fair in Washington
- Write a demand letter
- How Washington's fault rule compares
- Whiplash claims
- Broken bone claims
- What a lawyer would cost
Frequently asked questions
- What is a typical car accident settlement in Washington?
- It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault, a Washington claim against the other driver is worth about $40,000, and the injured person takes home about $25,800 after a 33% attorney fee and costs.
- Is Washington an at-fault or no-fault state for car accidents?
- Washington's car insurance system: At-fault (tort).
- Is there a cap on pain and suffering in Washington car accident cases?
- No general cap for typical car accident injury claims. No cap on noneconomic damages. The 1986 cap in RCW 4.56.250 was held to violate the right to a jury trial (Wash. Const. art. I, sec. 21) in Sofie v. Fibreboard Corp., 112 Wn.2d 636, 771 P.2d 711 (1989), and the section was formally repealed by Laws of 2023, ch. 102, sec. 5 (SSB 5087, removing language identified by the supreme court).
- What happens if I was partly at fault for an accident in Washington?
- Washington follows pure comparative negligence, so you can recover damages even if you were mostly at fault, but your recovery is reduced by your percentage of fault.
- How long do I have to file a car accident lawsuit in Washington?
- Generally 3 years for personal injury and 3 years for property damage. RCW 4.16.080(2): 3 years for an action for taking, detaining or injuring personal property, and for any other injury to the person or rights of another not otherwise listed. Claims against local governments (cities, counties, etc.): a claim on the standard tort claim form must be presented to the entity's agent within the limitations period, and no suit may be filed until 60 calendar days after presentment; the limitations period is tolled during those 60 days (RCW 4.96.020).
- What is the minimum car insurance in Washington?
- $25,000 per person and $50,000 per accident for bodily injury, and $10,000 for property damage. RCW 46.29.090(1): $25,000 for bodily injury or death of one person, $50,000 for two or more persons (subject to the one-person limit), and $10,000 for property damage per accident. The section's history ends with 1980 c 117 s 3, with no later amendment. HB 2308 (2026 session) dealt only with enforcement (not the dollar limits) and died on 2026-03-12. No bill raising the minimums was found for 2023-2026.
- What is the deadline to file a claim against the government in Washington?
- Claim within 3 years, then wait 60 days. File a standard tort claim form before suing: with the Office of Risk Management for the State, or the designated agent of a city, county or other local entity. You must wait 60 calendar days before suing; the 3-year deadline pauses during that wait.
- How long does an insurance company have to respond to a claim in Washington?
- Insurers must acknowledge a claim and answer claimant communications within 10 business days; 'claimant' includes third-party claimants. Your own insurer must accept or deny within 30 calendar days of notice, with updates every 30 days if it needs longer.
Related
- How much of a settlement you actually get
- Personal injury lawyer fees and fee calculator
- Pain and suffering calculator
- Compare car accident rules in every state
Official sources
- RCW 4.92.100 and 4.92.110, Claims against the state (Washington State Legislature)
- RCW 4.96.020, Claims against local governmental entities (Washington State Legislature)
- RCW 4.16.190, Statute tolled by personal disability (Washington State Legislature)
- WAC 284-30-360, Standards for acknowledgment of pertinent communications (Washington State Legislature)
- WAC 284-30-380, Settlement standards applicable to all insurers (Washington State Legislature)
- WAC 284-30-320, Definitions (Washington State Legislature)
- RCW 4.22.005, Effect of contributory fault (Washington State Legislature)
- RCW 4.16.080, Actions limited to three years (Washington State Legislature)
- RCW 46.29.090, Motor vehicle liability policy (Washington State Legislature)
- BillTrack50 (secondary), WA HB 2308 (2026), enforcement of motor vehicle liability insurance, status dead
- RCW 48.22.085, PIP must be offered as an optional coverage; a named insured may reject it in writing (Washington State Legislature)
- RCW 48.22.095, Minimum PIP benefits that must be offered: $10,000 medical, $2,000 funeral, $10,000 income continuation, $5,000 loss of services (Washington State Legislature)
- RCW 48.22.030, Underinsured, hit-and-run, phantom vehicle coverage (Washington State Legislature)
- RCW 4.56.250 (Washington State Legislature): 'Repealed by 2023 c 102 s 5'
- Laws of 2023, ch. 102 (SSB 5087), session law (Washington State Legislature)
- Sofie v. Fibreboard Corp. (1989) (Leagle copy, secondary)