Washington Fault Rule
Pure Comparative Negligence: Washington operates under a pure comparative fault system. Claimants may recover damages even if they were 90% or 99% at fault, with net compensation reduced strictly by their apportioned percentage of negligence.
Statute of Limitations
3 Years (RCW § 4.16.080(2) & RCW § 4.22.005): Claimants must finalize settlement agreements or initiate formal civil actions within 3 years of the collision date.
Statutory Insurance Minimums
25/50/10 ($25k bodily injury / $50k per accident / $10k property damage): These mandatory insurance minimums represent the maximum available coverage under standard policies unless the driver purchased higher optional coverage.
How Fault Apportionment Affects Claims in Washington
When negotiating auto accident claims in Washington, insurance adjusters calculate damages using an itemized formula that adds economic losses (medical bills, future treatment, lost earnings, property repair) to non-economic damages (pain and suffering, loss of enjoyment of life).
Under Revised Code of Washington § 4.22.005, contributory fault does not bar recovery, but damages allowed are diminished in proportion to the percentage of negligence attributable to the claimant. If your gross medical bills and pain and suffering equal $100,000 and you were 30% responsible, Washington law entitles you to recover $70,000. Understanding this threshold prevents accident victims from being pressured into unfair initial liability splits during adjusters' telephone recorded statements.