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Is Washington a No-Fault State? Understand Washington’s At-Fault Laws

Home Blog Auto Accident Is Washington a No-Fault State? Understand Washington’s At-Fault Laws

Key Takeaways

  • If you were injured in an accident and now have medical bills and other losses, our personal injury attorney can help.
  • Determining fault is a complex process that requires understanding what happened and why it happened. Understanding your rights in a difficult time is critical.
  • Knowing how to prove fault is a critical step. We also provide the resources you need to move your case forward.
  • Set up a free consultation with McPartland Law Offices. We serve Tacoma and the surrounding areas and offer a free case evaluation.

Being in a car accident is one of the scariest experiences that one can have. You may suffer injuries and property damage, and without proper representation, you could be liable for the damages that occurred.

Many people are wrongly blamed for car accidents when they were not at fault. Some people might receive partial blame without realizing their entitlement to compensation.

Our attorneys at McPartland Law Offices can help clients even those who are partially at fault for the accident receive compensation. We are experienced in Washington’s comparative negligence law and can use it to obtain a fair settlement for the accident.

How is Fault Determined in Accidents in Washington State?

Washington State is a tort state, also known as an at-fault state. This means the driver who causes an accident must pay the other party. The percentage of fault reduces the amount of compensation available to you.

Under these rules, each driver may be assigned a level of fault, often expressed as a percentage. For example, if you are involved in a car accident with an SUV and the police determine that you were 20 percent at fault, your losses are reduced by 20 percent.

How Does Pure Comparative Negligence Work in Washington Car Accidents?

Washington follows a comparative negligence model. This approach means that victims of an accident who are partially at fault still have the legal right to pursue compensation for the damages they have incurred after an auto accident. However, the percentage of fault is deducted from the damages reported.

It is very common for there to be more than one at-fault driver in a car accident case. With comparative negligence, you are still able to seek damages for the losses you have, even if you carry some level of fault. Even if multiple drivers share blame, you can still file a claim.

How Can I Prove Fault in a Washington Car Accident?

Car accident scene at night with emergency vehicles responding on a dimly lit road surrounded by trees.

When you work with our law firm, we handle proving fault after your motor vehicle accident. The insurance company will try to refute such claims. For that reason, we build a strong, evidence-backed case that supports your right to recovery. Examples of ways we may pursue fault include:

  • Using the police report
  • Capturing additional evidence from photos or video
  • Using accident reconstruction services
  • Speaking to medical and accident experts
  • Using any type of witness testimonies available

We examine all available evidence to establish who is at fault. In a personal injury case like this, it is essential to conduct a more thorough investigation than the police may provide. We understand the importance of alleviating any guilt you may feel and demonstrating the fault of the other party.

Do Not Admit Fault and Be Careful When Talking to Insurance Adjusters

After a car accident, one of the biggest mistakes you may make is saying, “I’m sorry.” That is an admission of guilt. Be cautious about any statements you make to others at the scene, including law enforcement, witnesses, or the car insurance company. Instead, let our car accident lawyer do the work for you.

Misconceptions About Fault in Car Accidents

Understanding your right to compensation can be challenging, especially when it comes to filing an insurance claim. Thus, it is crucial to recognize and address several common misconceptions about accident liability and insurance claims.

  • The determination of fault in an accident can be complex, and law enforcement may not always reach the correct conclusion. Therefore, conducting a comprehensive investigation for any type of accident is essential.
  • Another common myth is that pedestrians cannot be at fault or that a driver who rear-ends another vehicle is always responsible. These assumptions are not necessarily true.
  • It is a misconception that the insurance adjuster is on your side. They are not obligated to inform you of your rights under your own insurance policy. You are obligated to comprehend and demonstrate your rights to them.

What Are the Mandatory Insurance Requirements for Washington State Drivers?

Under the state’s laws, all drivers must carry:

  • $25,000 for bodily injury or death of one person
  • $50,000 for bodily injury or death of two or more people
  • $10,000 for property damage

Also, note that the state of Washington does not legally require drivers to maintain uninsured or underinsured motorist coverage. This coverage protects you if the at-fault driver is uninsured. It can play a critical role in strengthening your personal injury claim. If you have questions about insurance information, our personal injury lawyers can help you.

Why Clients Choose McPartland Law Offices

Since 2012, McPartland Law Offices has assisted clients in recovering over $50 million in damages caused by the mistakes of others that can alter the course of their futures. With more than 150 five-star reviews, it’s clear that we know how to achieve results. We have a longstanding history of helping individuals in Washington find the answers and support they need.

Testimonials

“A few years ago my husband was in a car accident and we were referred to McPartland Law Firm. Bryce and his team worked hard on my husband’s case and were always keeping us updated. We had a wonderful experience as clients and we definitely recommend this law firm. McPartland Law Firm is the best firm in Moses Lake!” — Anjelica W.

“My wife and I were VERY impressed and pleased with the quality of service and personal attention we received from Bryce and the McPartland Law Office employees. Our case was a 2 year process and they were always prompt with updates, scheduling, and helped us deal with the emotional stress that we were going through.” — Charles S.

“Mr. McPartland is absolutely wonderful. They have helped me on something I would have never been able to achieve myself. The staff are super friendly and they are very informative and have kept me up to date on every turn of my case. Mr. McPartland goes above and beyond for his clients. Not to mention absolutely a brilliant mind, a very smart guy. He knows the laws and he is great at what he does. I haven’t had a single negative experience. I would recommend this Law office to anyone :)” — Kurrin R.

Need Help Proving Fault After an Accident? Call Us Now.

When you hire a car accident attorney, you gain knowledge about how to get your medical bills paid, when to go back to work, and how to recover damages for future medical expenses. At McPartland Law Offices, we are here to help you. If you are asking, “Who is liable in a car accident in Washington?” let our legal team answer your questions. Set up a free case evaluation by calling 509-495-1247 or completing our online contact form to gain more insight.

Frequently Asked Questions

Does the Police Report Establish Fault in Washington Car Accidents?

Various factors impact the amount of fault determined under Washington law. A police report is typically the initial determination of fault in a car accident. However, the accident report from the car crash may not include all the necessary details. Determining fault then requires taking a more comprehensive approach that involves:

  • Speaking to all involved
  • Using expert testimony and resources
  • Using all the evidence to create an alternative potential situation
Am I Liable for a Car Accident if Someone Else Was Driving My Car?

Auto insurance usually follows the vehicle. This means that if your friend were driving your car, your driver’s insurance policy, specifically your liability coverage, would pay for any losses incurred, up to a limit.
This means that in a situation like this, your auto insurance policy extends to protect your assets when you are in an accident. Typically, in these cases, there would now be at least three parties involved (you, the driver of your car, and the driver of the other car) rather than the typical two parties involved.

How is Fault Determined in Accidents Involving Drivers Under 18?

Washington law does not limit responsibility for at-fault drivers under the age of eighteen. If you have a driver’s license, you make a promise to operate a vehicle under the state law. Your auto insurance will pay for the damages if you neglect to do so and cause an accident or harm to other people. Such coverage falls under liability insurance policies.

What is the Statute of Limitations for Car Accidents in Washington?

The statute of limitations is the length of time a victim has to seek a personal injury lawsuit against the party you believe is at fault. You have three years from the accident date to file a personal injury lawsuit.

Three years may seem like a long time, but if you have serious injuries and losses, you can expect that this process can take some time. Acting quickly is advised rather than waiting until the deadline.

Is Driving Under the Influence Considered Fault in Washington?

If a person is driving under the influence of alcohol or drugs and meets the requirements for a DUI, they could be at fault for the injuries caused to others. A person driving under the influence is unable to react in time, and that increases the risk of serious injuries and losses.

Can I Receive Damages if I Was Mostly At-Fault?

There are limits to when you can seek coverage for an accident. Even if you are deemed to be mostly at fault, you may recover damages from a personal injury claim.

We encourage you to seek legal advice from our team in these situations. Once you establish an attorney-client relationship, we will begin working to build your case by regathering evidence and formulating a strategy.

Bryce McPartland

Written By Bryce McPartland

Founder & Managing Partner

Mr. McPartland, a graduate of Gonzaga University School of Law and Washington State University, has a proven track record in personal injury law. Recognized as a Rising Star by Washington’s SuperLawyers Magazine, he has secured multimillion-dollar settlements for clients. Bryce’s commitment to continuous legal education and community service underscores his expertise in the field of personal injury law.