The aftermath of a car accident is often chaotic and traumatic, especially when you or a loved one suffered a serious injury as well as property damage to your vehicle, but how long do you have to file a car accident claim in Washington? Make sure to speak with an experienced car accident lawyer in Lake Stevens for legal guidance and support.
Under the Revised Code of Washington (RCW) 4.16.080, the law limits most car accident claims to within three years from the date of the accident, except under specific exceptions to toll, or extend, the deadline.
Understanding the Statute of Limitations for Car Accident Cases In Washington
Like all states, Washington limits the time an injury victim has to file a claim after an accident or injury, including in car accident cases. This time limit helps ensure the following:
- Evidence is still available in the case when it’s time to present evidence to an insurer or in court
- Eyewitness testimony remains reliable in the case
- The defendant doesn’t have to remain under the threat of a lawsuit for more than three years
Under the three-year statute of limitations in Washington, an injury victim’s personal injury attorney has up to three years to file a lawsuit petition for a case to go to court. Only about 4% of personal injury cases require a trial. Most claims end with a settlement from the at-fault party’s auto insurance; however, if an insurer wrongfully denies, undervalues, or delays the claim, the injury victim must file a petition for court within the statute of limitations or the court will refuse to hear the case.
Exceptions to the Statute of Limitations for Car Accident Cases
The vast majority of car accident claims fall under Washington’s three-year statute of limitations law, but the court does allow limited exceptions. For example, the court may extend the deadline in the following cases:
- For delayed discovery: This occurs when a car accident injury isn’t immediately identified, but discovered days, weeks, or even months after the accident. In these cases, the time limit begins on the date of the discovery, or when the injury victim should reasonably have discovered the injury.
- For a minor: If an injury occurs to a child, they have up to 3 years from their 18th birthday to file a claim.
- In cases of incapacity: If a car accident victim is unconscious, comatose, or incapacitated for some time after the injury, the statute of limitations begins on the date they recover their cognitive ability.
Finally, in some cases, the court extends the statute of limitations after a hit-and-run accident until the responsible driver is apprehended or identified.
Timing a Washington Car Accident Claim
Sometimes insurance companies reach out quickly after an accident with an intentionally low settlement offer before the injury victim knows the full extent of their injuries. Instead of accepting an early settlement offer, it’s best to hire an attorney and direct all communication with the insurance adjuster to your lawyer.
The timing of a car accident claim in Washington is crucial. A Lake Stevens personal injury attorney will help you determine the best time to file a claim. Typically, this is after an investigation to establish liability and calculate total damages, maximizing the compensation available to you, with ample time to negotiate before the three-year statute of limitations expires. Contact Wells Trumbull today.