How to Ensure the At-Fault Party’s Insurer Accepts Liability for Medical Expenses in Washington

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

In Washington, the at-fault driver’s auto insurer must cover bodily injury medical costs up to the policy limits (RCW 46.29.090). To secure acceptance of liability for your treatment expenses, follow these steps:

  1. Promptly report the accident. Notify the at-fault party’s insurer in writing within two weeks of the collision. Early notice helps avoid coverage disputes.
  2. Gather and submit documentation. Obtain and provide medical records, itemized bills, doctor’s statements, and proof of payment. Clear documentation demonstrates the necessity and reasonableness of charges.
  3. Provide a HIPAA-compliant medical release. A signed authorization speeds review of your treatment records.
  4. Send a formal demand letter. Outline your injuries, treatment plan, and total medical costs. Attach supporting records. Request insurer acknowledgment of liability within a specified deadline (for example, 30 days).
  5. Understand medical payments coverage. Washington requires insurers to offer a Medical Payments endorsement (RCW 48.22.095) in your own policy. If the at-fault insurer delays payment, your own MedPay can cover bills immediately, up to your policy limits.
  6. Monitor insurer response. Under the Unfair Claims Settlement Practices Act, insurers must handle claims in good faith and respond to written inquiries within 15 days (RCW 48.01.060) and pay undisputed amounts promptly.
  7. File a complaint for bad faith. If the insurer unreasonably denies or delays payment, file a complaint with the Office of the Insurance Commissioner under RCW 48.30.015.
  8. Preserve your right to sue. Washington’s statute of limitations for personal injury is three years from the date of injury (RCW 4.16.080). File suit before the deadline if the insurer refuses fair payment.

Following these steps increases the likelihood the at-fault insurer will accept liability and pay medical expenses without protracted litigation. Keep organized records of every communication and payment.

Disclaimer: This article is for informational purposes only and does not provide legal advice. Consult a qualified attorney for guidance specific to your situation.

Helpful Hints

  • Keep a detailed accident diary: note dates, treatments, and out-of-pocket costs.
  • Send all correspondence via certified mail with return receipt.
  • Request itemized medical bills to avoid billing errors.
  • Review your own policy’s MedPay options before filing a third-party claim.
  • Consider hiring an attorney for complex or high-value injury claims.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.