Detailed Answer
After a collision you may face delay or denial tactics by your insurer. Under Washington law you have rights and remedies to challenge unfair practices.
1 Gather and Organize Evidence
Document every interaction. Keep emails, letters, claim numbers, repair estimates, medical bills and treatment records. Note dates and times for each event to build a clear timeline.
2 Review Washington Insurance Statutes
Washington prohibits unfair claims settlement practices under RCW 48.30.015. Insurers must promptly acknowledge and investigate claims under RCW 48.30.010 and make a coverage decision without unreasonable delay under RCW 48.30.020. If an insurer ignores these duties, they violate state law.
3 File a Complaint with the Office of the Insurance Commissioner
If your insurer violates these statutes, submit a formal complaint to the Washington State Office of the Insurance Commissioner. Use the online form at insurance.wa.gov/file-complaint. Include your documentation, claim number and a clear summary of the delay or denial.
4 Invoke Policy Appraisal or Arbitration
Many auto policies include an appraisal clause to resolve value disputes. Review your policy and, if available, invoke appraisal. For broader disputes, check for an arbitration provision. These alternative dispute processes can be faster and less costly than court.
5 Consider Small Claims Court
Washington small claims court handles disputes up to $10,000. You can file a claim for unpaid losses or bad faith refusal. Visit Washington Courts Self Help for filing procedures and fee schedules.
6 Consult an Attorney if Needed
If the insurer continues to delay or denies your valid claim, consider consulting a personal injury or insurance attorney. An attorney can send a demand letter, negotiate on your behalf and represent you in litigation if necessary.
Disclaimer: This article does not constitute legal advice. It provides general information only. Always consult a licensed attorney for advice specific to your situation.
Helpful Hints
- Keep a dedicated file with all claim documents and correspondence
- Use certified mail when sending important letters to your insurer
- Note any deadlines in your policy for filing suit or arbitration
- Follow up promptly if the insurer requests more information
- Escalate to the Office of the Insurance Commissioner before considering court