If you’ve been in a car accident in Washington, you may be wondering how long you have to file a claim. The answer depends on several factors, but knowing the deadline is important for protecting your right to get compensation for your injuries and damages. This blog will explain Washington’s statute of limitations for car accident claims and some important details you should know.
What is the Statute of Limitations for Car Accidents in Washington?
In Washington, the statute of limitations for filing a personal injury claim after a car accident is three years. This means that from the day of your accident, you have three years to file a lawsuit to seek compensation for injuries, medical bills, lost wages, and other damages.
The same three-year rule applies to property damage claims from car accidents. If your car was damaged in the accident, you have three years to file a claim to get reimbursed for repairs or a replacement.
However, this time limit doesn’t apply to every situation. There are a few exceptions that could affect how long you have to file your claim.
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Exceptions to the Statute of Limitations
While three years is the general rule, there are situations where the deadline might be different.
1. Claims Involving Minors
If the person injured in the car accident is a minor (under 18 years old), the three-year deadline doesn’t start until the injured person turns 18. So, if a minor is injured in a car accident, they can file a claim up until they are 21 years old. This gives them extra time to pursue their claim once they are an adult.
2. Mental Incapacity
If the person who was injured in the accident is unable to make decisions due to mental incapacity, the clock on the statute of limitations may be paused. Once the person regains mental competency, the three-year time period begins.
3. Claims Against the Government
If you are filing a claim against a government entity (such as the city or state), there are stricter rules. You must file a formal notice with the government within 60 days of the accident. After that, you may be able to file a lawsuit, but the deadline is usually shorter than the typical three years.
4. Discovery Rule
Sometimes, injuries from a car accident aren’t immediately noticeable. If you didn’t realize you were injured until later (such as with a neck injury or brain injury), Washington’s discovery rule may apply. This rule allows the statute of limitations to start when the injury is discovered, not when the accident happened. If you are unsure whether you have injuries that weren’t immediately obvious, it’s important to get medical attention and talk to an attorney right away.
How Long Do You Have to Report a Car Accident in Washington?
While you have up to three years to file a lawsuit, it’s important to report the accident to your insurance company and the police as soon as possible. If you are involved in a car accident in Washington and there are injuries or property damage, you must file a police report within four days of the accident.
Insurance companies also expect you to report accidents quickly. Most insurance policies require that you notify them within 24 to 48 hours after the crash. Delaying the report could hurt your chances of getting your claim processed or could even lead to a claim denial.
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What Happens If You Miss the Deadline?
If you miss the three-year deadline to file a personal injury or property damage claim, you may lose the ability to seek compensation. Courts are very strict about these deadlines, and once the statute of limitations has passed, it is unlikely you will be able to take legal action.
That’s why it’s so important to get the process started as soon as possible after a car accident. By acting quickly, you have the best chance of recovering compensation for your medical bills, lost wages, and pain and suffering.
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What If the Other Driver Was Uninsured?
If you are in a car accident with an uninsured driver, you still have options. You may be able to use your own uninsured motorist coverage or personal injury protection (PIP) insurance to cover your medical expenses and damages. If you don’t have uninsured motorist coverage, your insurance company may help you pursue other options.
Uninsured motorist claims also have time limits, so it’s important to report these types of accidents promptly to your insurance company. Missing the deadline to file your uninsured motorist claim could result in a denial.
The Importance of Legal Help After a Car Accident
The process of filing a car accident claim can be complicated, especially when dealing with insurance companies, government entities, or an uninsured driver. An experienced attorney can help you understand the timeline for your case, ensure all deadlines are met, and guide you through the process.
Legal help is especially important if you’re dealing with serious injuries, long-term medical care, or if the other party is trying to avoid responsibility. An attorney can also help you gather evidence and talk to witnesses to make sure your case is strong.
Don’t wait until it’s too late. Call an attorney as soon as possible after a car accident to ensure that your rights are protected.
Final Thoughts
In Washington, you have three years to file a personal injury or property damage claim after a car accident. However, there are exceptions to this rule, such as when the injured party is a minor, has mental incapacity, or if the case involves a government entity. It’s also important to report the accident to the police and your insurance company as soon as possible to avoid complications.
If you’ve been in a car accident, it’s important to start the claims process right away to make sure you don’t miss any important deadlines. Speaking with a car accident attorney in Everett early on can improve your chances of getting the compensation you deserve.
If you have questions or need help filing a car accident claim, call us today at (425) 835-2614 for a free consultation. We’re here to help.
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