Detailed answer — what to do after you get the crash report
Receiving the official crash report is an important step, but it does not by itself resolve a personal injury claim. Under Washington law you must act deliberately and promptly to preserve legal rights, document damages, and either reach a fair settlement or file suit before deadlines run. Below is a practical, step‑by‑step plan you can follow.
1. Read the crash report and confirm accuracy
Carefully review the report for errors in names, vehicle descriptions, date/time, location, and officer findings. The report is a record used by insurers and attorneys; factual mistakes can affect liability and value. If you spot clear errors, note them and ask the reporting agency (city police, county sheriff, or Washington State Patrol) how to request an amendment or supplemental report.
2. Get and keep medical care and records
Prioritize medical treatment for injuries—even if they seem minor. Seek follow‑up care until you reach maximum medical improvement. Keep all records: ER reports, doctor notes, imaging (X‑rays, MRIs), prescriptions, therapy notes, and bills. Medical records are the primary proof of injury and causation.
3. Preserve and collect evidence
Collect everything while memories and evidence remain fresh:
- All photos and videos of the scene, vehicles, vehicle damage, visible injuries, traffic signs, skid marks, and weather conditions.
- Contact information for witnesses and their statements if possible.
- Repair estimates, rental car receipts, wage statements and proof of time missed from work.
- The full crash report and any uploaded diagram or supplemental notes.
4. Notify your insurance company (and be careful what you say)
Report the claim promptly to your insurer as your policy requires. Give basic facts (when, where, that you were injured) but avoid detailed admissions, guesses, or apologies that could be treated as fault. Let medical professionals and, if retained, an attorney help frame statements about injuries and fault.
5. Calculate damages
Identify economic damages (medical bills, future medical costs, lost wages, property repair) and non‑economic damages (pain and suffering, loss of enjoyment of life). Washington reduces recoverable damages by the injured person’s percentage of fault under the comparative fault rule, so gather evidence to minimize any claim of your own negligence.
6. Send a demand package to the at‑fault party’s insurer
When your injuries and costs are reasonably known, send a clear demand: a cover letter, a narrative of the crash, the crash report, medical records and bills, wage loss documentation, photos, and a settlement figure. Insurers often respond with a low offer. Expect back‑and‑forth negotiations. Keep records of all correspondence.
7. Know your deadlines — statute of limitations
In Washington, most personal injury claims must be filed within three years from the injury date. See RCW 4.16.080 for the statute of limitations on actions for injuries to the person. If you do not settle the claim before that deadline, you (or an attorney) must file a lawsuit to preserve your legal rights.
RCW 4.16.080 — Actions for injuries to the person (statute of limitations)
8. When to consult an attorney
Consult an experienced Washington personal injury attorney as soon as practical if any of the following apply:
- Your injuries are moderate to severe, or you expect long‑term care.
- Fault is unclear or disputed.
- The other party has no insurance or insufficient insurance.
- There are multi‑vehicle or commercial vehicle issues.
- An insurer refuses to pay or makes a lowball offer.
- The statute of limitations is approaching.
An attorney can evaluate liability, estimate damages, handle communications with insurers, prepare a demand package, and file suit if needed. Many personal injury attorneys in Washington handle cases on a contingency fee basis (they are paid a percentage of any recovery).
9. If settlement fails — filing suit and litigation basics
If negotiations do not resolve the claim, the injured person can file a civil action (complaint) in Washington Superior Court. The litigation process typically includes pleadings, discovery (document requests, depositions), mediation, possible summary judgment motions, and, if necessary, trial. Litigation timelines vary; many cases settle during litigation or mediation before trial.
10. Consider alternative dispute resolution
Mediation and arbitration are common, faster alternatives to trial. Mediation uses a neutral to facilitate settlement. Arbitration may be binding or nonbinding depending on agreement terms. Discuss ADR options with counsel before proceeding.
Helpful Hints
- Keep a daily injury and expense diary describing pain, limitations, and care you receive.
- Do not post details, photos, or comments about the crash or your injuries on social media.
- Get written estimates for vehicle repairs and keep receipts for any out‑of‑pocket expenses.
- Ask the police or agency how to obtain the complete crash packet (photos, diagrams, officer notes).
- If someone else’s employer or a government vehicle was involved, preserve additional records and note the employer’s name and vehicle unit.
- Make copies of all correspondence with insurers and opposing parties and log phone calls (date, time, who you spoke to, summary).
- If you worry about missing the filing deadline, consult an attorney immediately — missed deadlines usually bar claims forever.
Where the law is written: Washington requires timely filing of injury claims. See the statute on limitation periods at RCW 4.16.080. Washington also imposes duties on drivers to stop and report collisions under Title 46 of the Revised Code of Washington (see chapters at RCW 46.52 for collision‑related provisions).
Final practical advice: Start documenting everything now. Medical documentation and timely evidence preservation make the largest difference in claim value. If you have any doubt about liability, injuries, or deadlines, contact a Washington personal injury attorney for an evaluation.
Disclaimer: This article is for general informational purposes only and does not provide legal advice. It does not create an attorney‑client relationship. For legal advice about your specific situation, consult a licensed Washington attorney.