According to data from WSDOT, the state of Washington averages more than 100,000 motor vehicle accidents per year. Car accidents, even minor ones, can be disorienting and stressful. When the accident isn't your fault, the situation can be even more frustrating. If you've been in an accident in Washington State, here's what you should do to protect yourself. Taking the right steps quickly can help safeguard your health, finances, and legal rights, and forge ahead on the path to recovery.
Prioritize Your Safety & Health
Following a car accident, the first priority is ensuring the safety of yourself and everyone involved. This includes checking for injuries immediately after the accident. Adrenaline can mask the initial pain of injuries, especially after a car accident. Even if you feel okay at the scene, it's important to see a doctor or visit an urgent care center for a thorough evaluation. Some injuries, like whiplash or head trauma, may not present immediate symptoms but can develop over time. A medical professional can diagnose any underlying issues and ensure you receive appropriate treatment. This is important because it:
- Prioritizes your health and well-being: Getting proper medical attention ensures you receive any necessary medical care to address potential injuries.
- Strengthens your position for future claims: A medical record documenting the date of the accident and your injuries can be invaluable evidence if you need to file a personal injury claim to recover compensation for medical bills, lost wages, or pain and suffering. The medical record establishes a clear connection between the accident and your injuries.
The above steps not only ensure your well-being in the immediate aftermath of the accident but also protect your rights in case of any future legal actions.
Contact Law Enforcement
Washington State law mandates reporting certain accidents to the police or Washington State Patrol (WSP). This requirement helps create an official record of the accident, which can be key for future actions like insurance claims or lawsuits.
- Reporting Requirements: In Washington, you must file a report if the accident results in either injury or property damage exceeding $1,000 (to any one person) [RCW 46.52.030].
- Importance of a Police Report: A police report serves as a neutral third-party account of the accident scene, including details like weather conditions, witness statements, and the responding officer's observations. This documentation can be essential evidence when filing an insurance claim, especially if there are disputes about fault or the extent of the damage.
- Reporting at the Scene vs. Department of Licensing (DOL): If law enforcement responds to the accident scene, they will typically file a report on your behalf. However, if the police are not involved (for minor accidents with no injuries), you are still responsible for filing a report within four days with the Department of Licensing (DOL). The DOL offers online reporting or you can obtain a collision report form from a local police department, county sheriff's office, or WSP district office.
Document the Scene
Following an accident, especially when you aren't at fault, gathering comprehensive documentation is crucial. This evidence can be vital when filing insurance claims, negotiating repairs, or even potential legal proceedings.
- Capture Photos and Videos: Use your smartphone or camera to take detailed pictures and videos of the accident scene. Here's what to capture:
- Vehicle Damage: Photograph the damage to all vehicles involved in the accident, including close-ups of dents, scratches, and any deployed airbags. Capture wider shots that show the overall positioning of the vehicles.
- Surrounding Scene: Document the broader accident location. Take pictures of traffic signs, weather conditions (rainy, sunny, etc.), and any debris or skid marks on the road. This can help establish contributing factors to the accident.
- Visible Injuries (with Permission): If there are any visible injuries, only take photographs with the express permission of the injured person. Focus on documenting the injuries without being overly graphic.
- Gather Detailed Information: Exchange contact and insurance information with all drivers involved in the accident. This includes obtaining names, phone numbers, email addresses, and the other driver's insurance company details (policyholder name and policy number) for each driver.
If possible, locate and speak with any witnesses to the accident. Get their names and contact information, and ask them for a brief description of what they saw.
Additionally, note down the following details:
- Date and time of the accident
- Location of the accident (including street intersection or nearest mile marker)
- Make, model, and license plate number of all vehicles involved
- Weather conditions at the time of the accident
- Brief description of how the accident occurred (avoid assigning blame)
Being this thorough with your documentation will create a strong record of the accident that can be immensely helpful when moving forward with insurance claims or any other necessary steps.
Contact Your Insurance Company
Contact your own insurance company soon after a car accident, even if you weren't at fault. This jump-starts their investigation and streamlines the claims process.
Here's a breakdown of the key steps when contacting your insurance company:
- Report the Accident Quickly: Don't delay in contacting your insurance company. Your policy may have specific timeframes for reporting accidents, but generally, aiming to report within 24 hours is ideal. This allows your insurer to begin their investigation while the details of the accident are fresh in everyone's mind.
- Gather Necessary Information: Before contacting your insurance company, have key information readily available, such as:
- Date, time, and location of the accident
- Names and contact information of all drivers involved, including their license plate numbers and insurance companies (if known)
- A brief description of how the accident happened (avoid assigning blame)
- Details of any injuries sustained (if applicable)
- Photos and videos of the damage to vehicles and the accident scene (if you were able to take them)
- The police report number (if a police officer responded to the scene)
- Be Honest and Cooperative: Provide your insurance company with all the details you have gathered. Be truthful and accurate in your account of the accident. However, avoid admitting fault or discussing the accident with anyone except your insurance company representative or a lawyer.
- Cooperate Throughout the Claims Process: Filing a car accident claim can involve back-and-forth communication with your insurance company. Be prepared to answer questions, provide additional documentation, and cooperate with their investigation. By working together, you can help ensure a fair and efficient resolution to your claim.
- Consulting an Attorney: In some cases, you may want to consult with an attorney before contacting your insurance company, especially if the accident was severe, you have serious injuries, or fault is complex.
Avoid Common Mistakes (Protect Your Rights)
Following a car accident, especially when you aren't at fault, emotions can run high. However, it's crucial to avoid certain actions that could jeopardize your rights and complicate the claims process. Here are two key mistakes to steer clear of:
- Don't Admit Fault, Even if it Seems Clear: In the immediate aftermath of an accident, you may be feeling apologetic or overwhelmed. However, it's important to avoid admitting fault, even if the situation seems clear-cut. Keep in mind that adrenaline can cloud judgment, and seemingly minor details can alter how the accident is perceived. Leave assigning blame to the insurance companies and any potential legal representatives.
- Don't Discuss the Accident with Anyone Except Law Enforcement and Your Insurance Company: After the accident, you may be approached by the other driver, witnesses, or even bystanders. It's best to politely decline to discuss the accident details with anyone besides law enforcement officers and your insurance company representative. Unsolicited statements can be misinterpreted or taken out of context, potentially harming your case later on.
Here are some additional tips to keep in mind:
- Be Honest and Truthful: While you shouldn't admit fault, it's essential to be honest and truthful when providing information to law enforcement and your insurance company. This includes providing accurate details about the accident, your injuries (if any), and the events leading up to the crash.
- Document Everything: As mentioned earlier, gather as much documentation as possible at the scene. This includes photos, videos, witness statements, and the police report (if one was filed). This documentation can be crucial evidence in the event of a car insurance claim or lawsuit.
- Consider Consulting a Car Accident Attorney: If you sustained serious injuries or the accident situation is complex, consider seeking legal counsel from an experienced car accident attorney. A personal injury lawyer with experience in car accident cases can advise you on your rights, navigate the legal aspects of your case, and help ensure you receive fair compensation for your medical expenses, lost income, and other accident-related costs.
Avoiding these common pitfalls and following these tips can protect your rights and help you get through the situation with confidence.
When to Contact a Car Accident Attorney
If you find yourself in any of the following situations after a car accident that's not your fault in Washington State, contact an attorney:
- The Other Driver Was Unlicensed or Uninsured: If the at-fault driver does not have a valid driver's license or auto insurance through a car insurance company, navigating the claims process can become more complex and challenging.
- The Crash Resulted in a Death or Serious Injury: Severe injuries or death resulting from the car accident significantly increase the stakes of insurance claims and potential lawsuits.
- Disputes Over Fault: If there is a disagreement about who was at fault in the accident, a skilled personal injury attorney can help argue your case effectively, especially in light of Washington’s pure comparative negligence laws.
- Significant Vehicle Damage or Total Loss: When substantial property damage occurs, an attorney can file a car accident case and help you assess and recover the full value of your damages.
- The Accident Involved Multiple Parties: An auto accident involving several vehicles or parties can be legally complicated, making managing multiple insurance claims and potential cross-claims or counterclaims especially complex.
- Long-Term or Permanently Disabling Injuries: If the car crash has resulted in long-term impairments or permanent disabilities, an attorney can assist in securing compensation that accounts for future medical care, changes in lifestyle, and long-term financial impacts past what the auto insurance policy initially covers.
Let Freeman Law Firm, Inc. Help
Following a car accident, especially one that wasn't your fault, navigating the legal aspects and ensuring fair compensation can be overwhelming. Here at Freeman Law Firm, Inc., our experienced car accident attorneys in Washington State are dedicated to protecting your rights and helping you achieve the best possible outcome.
We understand the physical, emotional, and financial challenges car accidents can cause. Our team will:
- Investigate Your Case: We'll thoroughly investigate the details of your accident, gather evidence, and build a strong case on your behalf.
- Handle Insurance Communication: We'll deal with the at-fault driver's insurance company directly, ensuring you receive fair compensation to cover medical bills, lost wages, car repairs, and other accident-related expenses.
- Fight for Your Rights: If necessary, we'll represent you in court to ensure you receive the maximum compensation you deserve.
Free Consultation: If you've been involved in a car accident in Washington State that wasn't your fault, contact Freeman Law Firm, Inc. today for a free consultation. We'll assess your case and discuss your legal options with you. Don't hesitate to reach out – we're here to help you through this challenging time.
Call us at (253) 383-4500 or use our contact form to schedule your free consultation today.
We look forward to helping you get back on your feet.
Frequently Asked Questions
How long do I have to file a claim for car accident injuries in Washington State?
In Washington State, the timeline for filing a personal injury lawsuit after the state's statute of limitations governs a car accident. You have three years from the accident date to file a lawsuit against the at-fault driver.
What is a third-party insurance claim?
Third-party insurance claims are made by someone who is not the policyholder or insured. In the context of car accidents in Washington State, if you are involved in an accident that was not your fault, you would file a third-party claim directly against the at-fault driver’s insurance company, seeking compensation for damages such as medical expenses, lost wages, and vehicle repairs.
How does insurance work when it's not your fault?
In Washington State, you can file a third-party claim if you're involved in a car accident that's not your fault. Their insurance should cover your expenses, including medical expenses, property damage, and lost wages. You should initiate this by notifying the at-fault party’s insurer and providing necessary documentation, such as the police report, medical records, and any proof of lost wages, to substantiate your claim.
Will my insurance be affected if it's not my fault?
In Washington State, your insurance rates should not increase if you are involved in an accident that is not your fault, as state law prohibits insurers from raising premiums for claims where the policyholder is not at fault [RCW 46.52.130]. However, if you file multiple claims within a short period, even if not at fault, or you claim under your uninsured/underinsured motorist insurance coverage, insurers might consider you a higher risk, potentially affecting your rates.
