What to Do After a Car Accident in Washington: An Attorney’s Checklist

Written by Brandon Ritchie, Attorney at Law

When I was three years old, my father was badly hurt in an accident. It cost our family the businesses we had built, and it left a very athletic man in a wheelchair. I was too young to understand it then. I understand it now. An injury doesn’t just happen to one person. It happens to a whole family, and it touches their health, their money, and their future all at once. That is a big part of why I chose to be a personal injury attorney.

The first thing most people notice after a crash is how quiet it gets. The metal stops moving, the airbag dust hangs in the air, and your brain tries to catch up with what just happened. Then the questions start. Is everyone okay? Do I call the police? Whose insurance do I call? Should I move my car?

I have personally represented well over a thousand injured clients, and I have learned that the decisions people make in the first hour, and the first week, often shape their entire claim. Not because the law is out to trick anyone. Because insurance companies build their files early, and the facts you gather (or don’t) become the story everyone argues about later.

Here is the checklist I would give my own family.

The Short Answer

If you only read one part of this post, read this:

1. Stop, check for injuries, and call 911 if anyone is hurt.
2. Exchange names, insurance, and license information. Don’t argue about fault.
3. Take photos of everything before the cars are moved, if it’s safe.
4. Get the names and phone numbers of witnesses.
5. See a doctor ASAP, even if you feel “mostly fine.”
6. Report the crash to your own insurance company and ask about your PIP coverage.
7. Be careful with the other driver’s insurance adjuster. You don’t owe them a recorded statement. Not talking to them immediately is best.
8. Write down what happened while it’s fresh, and keep every bill and receipt.
9. Know your deadline. In Washington, most injury claims must be filed within three years.
10. Talk to an injury lawyer before you sign anything or accept a settlement.

Now let’s walk through each one.

At the Scene

What you do at the scene can affect the information and evidence available later. Focus first on safety, then on collecting the details you may need for the insurance claim.

Stop and check on everyone

Washington law requires every driver involved in a crash that injures someone to stop, share their information, and give reasonable help to anyone hurt, including arranging a ride to the hospital when it’s needed (RCW 46.52.020). Leaving the scene of an injury crash is a crime, and it can be a felony.

If anyone is hurt, call 911. If the cars are blocking traffic and nobody is injured, move to the shoulder if you safely can and turn on your hazards.

Exchange information, not opinions

You need the other driver’s name, address, phone number, insurance company, policy number, driver’s license, and license plate. The easiest way to get it right is to take a photo of their license and insurance card.

What you don’t need to do is talk about who caused the crash. People are shaken up, and a polite “I’m so sorry” can show up months later in an adjuster’s notes as “driver admitted fault.” Be kind. Be calm. Leave the fault question for later.

Take more photos than you think you need

Your phone is the best evidence tool you own. Take pictures of:

• Both vehicles from every side, close up and from a distance
• License plates
• Skid marks, debris, and where the cars came to rest
• Traffic signals, stop signs, and anything blocking the view
• Road and weather conditions
• Any visible injuries, that day and over the following weeks: bruises, cuts, scratches, redness, casts, slings, etc.

Cars get towed, glass gets swept up, and skid marks fade in the next rain. Photos don’t.

Here’s the thing. The number one comment I hear from insurance adjusters when I try to settle a claim is “this was a low impact accident.” Clear photos of the damage are one of the easiest ways to answer that argument.

Find the witnesses

Independent witnesses are gold. A stranger at a gas station who saw the other driver run the light has no reason to take sides, and that makes their account powerful. Get their name and phone number before they drive away. Most people are happy to help if you ask right then. Very few will call you back later.

Should you call the police?

Call 911 for any crash with injuries. For smaller crashes, officers may or may not come out, depending on the agency and how busy they are.

Here is a detail many people miss. If no officer writes a report, Washington requires the drivers themselves to file a written collision report within four days whenever someone is injured or killed, or when property damage to any one person reaches $1,000 or more (RCW 46.52.030; WAC 446-85-010). With what cars cost to fix today, almost any real crash crosses that line.

The First Week

The first few days after a crash are when medical care and insurance reporting usually begin. The steps below cover the issues I see come up most often during that first week.

See a doctor, even if you feel okay

I will be the first to admit this is the step people skip most. Adrenaline is a powerful painkiller. It’s very common to feel sore but “fine” on the day of the crash and wake up two days later barely able to turn your head.

Get checked out within a day or two. It matters for your health first. It also matters for your claim, because insurance companies look hard at any gap between the crash and your first medical visit. A two-week gap is often all an adjuster needs to argue that something else caused your pain.

Once you start treatment, follow through. Go to the follow-up appointments. Do the physical therapy, the chiropractic or whatever treatment you have been recommended. If you stop treating, the insurance company will assume you are 100% better.

I have seen what happens when people wait. One client delayed care after a collision, convinced the soreness would pass on its own. By the time the symptoms were affecting sleep and daily life, weeks had gone by. That gap made it harder to connect the injury to the crash, and the claim settled for significantly less than it should have. Early evaluation would have changed the outcome.

Call your own insurance company

Report the crash to your own insurer promptly, even if the other driver was clearly at fault. Your policy almost certainly requires it.

While you’re on the phone, ask two questions:

1. Do I have PIP (personal injury protection), and how much?
2. Do I have underinsured motorist (UIM) coverage, and how much?

PIP is the coverage that pays your medical bills and some lost wages right away, no matter who caused the crash. In Washington, insurers have to offer it, but you can turn it down in writing (RCW 48.22.085), so many people don’t know whether they have it. I explain how it works in detail in my post on PIP in Washington.

Be careful with the other driver’s adjuster

Within a few days, you will likely get a friendly call from the other driver’s insurance company. The adjuster may ask to record your statement “just to get your side of the story.”

The truth is, that adjuster works for the company that would pay your claim, and their job is to pay as little as possible. You are not required to give the other driver’s insurer a recorded statement. It’s reasonable to say, “I’m not ready to give a statement yet,” and take their contact information. If you plan to get an attorney, wait to give that statement until you are with your attorney.

Know what you’re walking into. These calls are usually recorded, and one common tactic is to ask the same question several different ways, hoping you’ll contradict yourself or downplay your injuries. Those words come back later, during negotiations, to lower the value of your claim.

Be especially careful with two things:

• Broad medical authorizations. Some forms give the insurer access to your entire medical history, not just your crash injuries. They use it to look for old injuries they can blame.
• Quick settlement offers. An early check can feel like relief, but once you sign a release, your claim is over, even if you find out next month that you need surgery.

There are few things that drive me crazier than meeting someone who is still hurting but already accepted $500 from the insurance company. For a few hundred dollars, the insurer got off the hook for every future medical bill and everything the claim was really worth. Don’t settle until you’re better, and don’t settle without at least a free consultation with a lawyer.

Start a simple file

Get a folder, or a note on your phone, and keep:

• The claim numbers for every insurance company
• Every medical bill, receipt, and mileage to appointments
• Pay stubs showing time missed from work
• A short journal of how you’re feeling and what you can’t do (sleep, lift your kids, work a full shift)

That journal feels silly at first. Six months later, when you can’t remember how bad week three was, it becomes some of the most believable evidence in your case.

The Deadlines That Can End Your Claim

Deadlines can vary depending on the type of crash and who was involved. The sections below cover several time limits that can affect a Washington car accident claim.

Three years for most injury claims

In Washington, you generally have three years from the date of the crash to file a lawsuit for your injuries (RCW 4.16.080). Most cases settle without a lawsuit, but the deadline still matters, because once it passes, the insurance company has no reason to pay you anything.

Much less time if a government vehicle or road is involved

If a city bus, a county truck, a state vehicle, or a poorly maintained public road played a part, the rules change. Before you can sue a local government in Washington, you must file a formal claim with that agency and then wait 60 days (RCW 4.96.020). Claims against the State of Washington have their own claim process too. These claims have strict form requirements, and small mistakes can sink them.

72 hours for hit-and-run crashes

If you were hit by a driver who took off, report it to law enforcement within 72 hours. When no one can identify the other driver, your own UIM coverage may pay, but when there was no physical contact with the other car, Washington requires the crash to have been reported within 72 hours and the facts to be backed up by evidence other than your own word (RCW 48.22.030).

If your crash happened in Oregon

Many of our clients drive I-82 and I-84 into Oregon. Oregon’s deadline for most injury lawsuits is two years, not three, and its fault rules are different. If your crash happened across the river, read my post on getting hurt in Oregon when you live in Washington.

What If the Crash Was Partly Your Fault?

This one surprises people. Washington uses what’s called pure comparative fault (RCW 4.22.005). If you were partly to blame, your recovery is reduced by your share of the fault, but it doesn’t disappear.

Say your damages are $100,000 and a jury decides you were 20 percent at fault for not slowing down. You can still recover $80,000. Insurance adjusters know this rule, and many will try to push your share of the blame as high as they can. That’s one more reason to keep your own evidence.

Why Your Own Coverage Matters So Much

Washington’s minimum liability insurance is $25,000 per person for injuries, $50,000 per crash, and $10,000 for property damage (RCW 46.29.090). Those limits haven’t changed in decades, and $25,000 doesn’t go far after an ambulance ride, an ER visit, and a few months of therapy.

When the at-fault driver carries only the minimum, or no insurance at all, your own UIM coverage is often what makes you whole. If you take one thing from this post to your own insurance agent, make it this: know what PIP and UIM you carry before you ever need them.

When to Call a Lawyer

Not every crash needs a lawyer. If nobody was hurt and it’s only a bent bumper, you can usually handle the property damage claim yourself.

I would call an injury lawyer if:

• You or a passenger went to the ER or needed follow-up care
• You missed work because of your injuries
• The other driver’s insurer is blaming you, or delaying, or asking for a recorded statement
• The at-fault driver has little or no insurance
• A truck, a commercial vehicle, or a government vehicle was involved
• Someone died
• If you would prefer to have someone experienced with car accidents guide you through the process

Most people have a life. Just because someone ran into you doesn’t mean you should spend months on the phone with insurance companies and fretting over medical bills. I think of it like this: if your car breaks down, you take it to a mechanic. I wouldn’t want my dentist fixing my plumbing, and I’m sure glad the plumber isn’t drilling my teeth. An injury lawyer handles the insurance, the paperwork, and the bills, so you can focus on getting better.

Most injury lawyers, including our firm, work on a contingency fee. That means you pay nothing up front, and we’re only paid if we recover money for you. A consultation is free, so there’s no cost to finding out where you stand.

Frequently Asked Questions

These are some of the questions I hear most often from people after a Washington car accident. The answers below cover the basics before you decide what to do next.

Do I have to call the police after a minor accident in Washington?

If no one is hurt, you aren’t always required to call 911. But if someone is injured, or damage to any one person’s property is $1,000 or more, and no officer writes a report, the drivers must file a written collision report within four days.

How long do I have to file a car accident claim in Washington?

Most injury lawsuits must be filed within three years of the crash. Claims involving a government agency require a formal claim and a 60-day waiting period first, so start much sooner.

Should I give a recorded statement to the other driver’s insurance company?

You’re not required to. It’s usually wise to talk to a lawyer first, because recorded statements are used to question your injuries and your version of events.

Who pays my medical bills right after the crash?

Usually your own PIP coverage pays first, regardless of fault. The at-fault driver’s insurance typically pays only at the end, as part of a settlement.

Can I still recover if I was partly at fault?

Yes. Washington reduces your recovery by your percentage of fault, but you can still recover something even if you were mostly to blame.

How much does it cost to talk to a lawyer?

At our firm, the consultation is free, and we work on a contingency fee, so you don’t pay unless we recover money for you.

Why This Matters to Me

My family learned the hard way how much a single accident can take from you. I can’t undo what happened to my dad, but I can help families like yours avoid the mistakes that make a hard situation worse.

Nobody plans for a car accident, and nobody expects to know all of this in the moment. That’s okay. Start where you are. Take the photos, see the doctor, and don’t sign anything until you understand what it means. If you have questions, call our office at (509) 396-5577 and talk to a real person. We’re glad to help.

About the Author

Brandon Ritchie is the founding attorney of Ritchie Reiersen Injury & Immigration Attorneys, based in Kennewick, Washington. He has personally resolved well over a thousand car accident claims and is the author of After the Crash and the Car Accident Crash Book. Brandon earned his law degree from the University of Idaho College of Law and an MBA from Washington State University. He grew up on farms in Burley, Idaho, and lives in the Tri-Cities with his wife, Sarah, and their five children.