Washington's Statute of Limitations for Car Accidents

Washington car accident laws don’t stipulate a separate statute of limitations that applies only to car accidents. Instead car accidents fall under the same filing deadlines that govern personal injury, property damage, or wrongful death. In most situations, the statute of limitations is three years, though specific exceptions can extend or shift that timeline.

If you were or someone you love was injured in a car accident in Washington, speak to an experienced Washington car accident attorney at Freeman Law Firm, Inc. by calling (253) 383-4500 today to make sure your case is filed before the deadline closes.

How Washington’s Statute of Limitations Applies to Different Car Accident Cases

Personal Injury

Whether the injured person was a driver, passenger, cyclist, or pedestrian, the three year deadline in the personal injury statute of limitations for car accidents starts from the date of the accident. The filing window does not begin when you start consulting with an attorney and time is of the essence, since evidence can be lost or destroyed and memories can fade.

Property Damage

The same three-year statute applies when a case involves only damage to a vehicle or other property. These cases can be filed on their own without an attorney, if no injury is claimed.

Wrongful Death

Wrongful death cases also follow a three-year statute of limitations, but if the date of death is later than the date of the accident, the time period starts on the date of death. The case must be filed through the estate’s personal representative. Families coping with loss and focusing on immediate needs like funeral arrangements and estate matters, and may not realize how quickly the legal deadline approaches. Early guidance from an experienced wrongful death attorney can ease some of that burden.

Discovery Rule

In limited situations, the discovery rule may apply, which allows the deadline to start when an injury is discovered rather than the day of the crash, but it typically only applies in rare cases, such as when internal injuries are not diagnosed until months later.

Exceptions That Pause or Extend the Deadline

Minors

If the injured person is under 18, the three-year period does not begin until their 18th birthday. A teenager injured at 16 would have until age 21 to file. This “tolling” rule applies only to the minor’s own case. A parent who files on their own behalf is still bound by the standard deadline.

Legal Disability

The statute does not run while a person is legally disabled, such as in cases of mental illness, developmental disability, senility, or a physical condition so severe that the person cannot manage their legal affairs. In cases where a crash causes lasting impairment, the deadline is paused until the person is declared capable again. If that never happens, the statute remains paused indefinitely.

Defendant Out of State

If the at-fault party leaves Washington after the crash, the statute of limitations may pause during the period when they cannot be served with the lawsuit. The pause applies only to the defendant’s absence. It does not apply if the injured person leaves the state. Once the defendant returns or can be served through another method, the statute resumes.

Government Defendants

Extra steps are required in crashes caused by government vehicles, like city bus, a state-owned vehicle, or a county employee driving for work. Before a lawsuit can be filed, the injured party has to submit a written notice of claim to the agency. The statute of limitations is paused during the agency’s review period once the notice is filed.

Missing the Statute of Limitations

Cases are usually dismissed if filed after the statute expires, which closes off any chance of recovering damages. Even if the injuries are severe and liability is clear, the case cannot proceed once the time limit has run.

Accident Reports Do Not Affect the Statute of Limitations

Washington requires a collision report within four days if a crash causes injury or at least $1,000 in damage, unless an officer files one at the scene. There can be confusion between this short reporting deadline and the three-year statute of limitations. They are separate rules: the report does not start or shorten the time you have to file a case in court. Missing the report deadline can cause license issues or weaken evidence, but it does not cut off your right to sue.

Insurance Deadlines vs. Lawsuit Deadlines

Insurance companies typically require notice of an accident right away, sometimes within 24 to 48 hours. Personal Injury Protection (PIP) and Uninsured/Underinsured Motorist (UM/UIM) coverage can have their own contract deadlines for reporting. Missing those deadlines can lead to a complete loss of coverage, even if the three-year statute of limitations for filing a lawsuit has not expired.

The law may give you three years, but your policy might give you only a few days. That difference can decide whether coverage is available at all.

How Timing Affects Evidence and Leverage

Delay makes a case harder to prove. Witnesses lose details. Vehicles get repaired or destroyed, which erases valuable evidence. Businesses overwrite video files after a short period. Even medical providers may archive or discard older records.

A case filed in the early stages is usually stronger and leads to better outcomes. Deadlines are met, and settlement talks carry more weight when the other side knows the case is ready. A last-minute filing can signal weakness.

Our attorneys can request records before they disappear, secure video before it is erased, and keep insurers from stalling to lower the value of a case. Acting quickly keeps the case on solid ground.

Find Out if You Have a Case

Statutes set firm limits, but other deadlines like insurance reporting, evidence preservation, and medical care make it risky to wait.

Freeman Law Firm keeps every deadline in focus. The team gathers records before they are lost, protects coverage under insurance policies, and builds cases from the ground up. Quick action gives your case more leverage, and our firm’s work is always aimed at securing the strongest recovery possible.

If you or a family member were in a car accident in Washington, call Freeman Law Firm, Inc. at (253) 383-4500 today.