Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When you’re injured due to another driver’s negligence in Washington (WA), you need to secure the at-fault party’s insurer’s acknowledgment of liability before you can recover compensation. Follow these key steps under Washington law:
1. Confirm Mandatory Liability Insurance
Washington law requires every vehicle operator to maintain liability coverage of at least $25,000 per person and $50,000 per incident for bodily injury, plus $10,000 for property damage (RCW 46.29.020). Request the insurer’s declarations page to verify coverage limits and policy effective dates.
2. Gather Comprehensive Evidence
- Obtain a copy of the police collision report.
- Photograph vehicle damage, road conditions, traffic signals, and visible injuries.
- Collect witness names and statements.
- Seek prompt medical evaluation and retain all treatment records, invoices, and bills.
3. Provide Prompt Notice of Claim
Most auto policies require you to notify the insurer “as soon as practicable.” Submit written notice with a brief summary of the accident, the policy number, and contact information. Send via certified mail or another trackable method.
4. Send a Detailed Demand Letter
After completing your medical treatment, draft a demand letter outlining:
- The facts of the collision.
- Itemized medical expenses, lost wages, and other damages.
- Photos, bills, and the police report as exhibits.
- A specific settlement amount.
Include a deadline (e.g., 30 days) for response to encourage timely resolution.
5. Leverage Insurers Duty to Investigate in Good Faith
Under RCW 48.30.015, insurers must conduct prompt, fair, and thorough investigations. If the insurer delays unreasonably or ignores your claim, you may have grounds for an improper settlement practice complaint.
6. Escalate When Necessary
- File a complaint with the Washington Office of the Insurance Commissioner at OIC-WA.gov.
- Consider mediation, arbitration, or small claims court based on the amount in dispute.
- File a personal injury lawsuit before the three-year statute of limitations expires (RCW 4.16.080).
Helpful Hints
- Track all communications: dates, names, and summaries of calls or letters.
- Keep organized copies of every document submitted or received.
- Continue medical care even if the insurer contests liability.
- Use certified mail or email read-receipts for all notices.
- Consult a personal injury attorney if the insurer undervalues or denies your claim.
- Monitor the statute of limitations to protect your right to sue.