HOW LONG DO I HAVE TO FILE A CLAIM IN WASHINGTON STATE?
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How Long Do I Have to File an Accident Claim in Tacoma?
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The Statute of Limitations for Car Accident Claims in Washington
If you’ve been injured in a crash, you have a limited time to file a lawsuit. In Washington, the statute of limitations for most car accident injury claims is three years from the date of the accident. (RCW 4.16.080).
This time limit applies to:
- Car accidents
- Motorcycle crashes
- Pedestrian injuries
- Wrongful death claims
- Property damage
If you file a lawsuit after the three-year deadline, the court will probably dismiss your case, and you might lose your right to recover any compensation.
Why the Deadline Matters
Even if you intend to settle with the insurance company, the three-year limit still applies. That’s because:
- It provides you with legal leverage during negotiations.
- It safeguards your right to sue if settlement talks break down.
- Insurers understand they can withdraw after the deadline passes.
Waiting too long could result in unpaid medical bills, lost wages, and no legal options.
Are There Exceptions to the Three-Year Rule?
Yes. Washington law has a few limited exceptions to the statute of limitations:
- Minors: If the injured person is under 18, the clock doesn’t start until they turn 18.
- Delayed discovery: If injuries or their cause weren’t immediately known, the deadline may start when you reasonably discover them.
- Mental incapacity: If someone cannot understand or act on their legal rights, the clock might be paused.
- Wrongful death: Time limits vary based on when the death happened and when survivors became aware it was caused by negligence.
If you’re unsure whether your case qualifies for an exception, consult an attorney as soon as possible.
When Does the Clock Start Ticking?
In most car accident cases, the three-year deadline begins on:
- The date of the crash, for personal injuries and property damage
- The date of death, in wrongful death claims
- The date of discovery, for hidden or late-developing injuries (rare but possible)
You don’t have to settle your claim within 3 years, but you must file a lawsuit within that time to protect your rights.
What Happens if You Miss the Deadline?
If the statute of limitations expires:
- The court will dismiss your case, even if it’s otherwise strong
- The insurance company is no longer required to negotiate
- You lose your legal right to pursue compensation
Don’t assume the clock isn’t ticking just because you haven’t “decided” to sue yet. The time limit applies whether you’re negotiating or not.
Why You Shouldn’t Wait to Talk to a Lawyer
Even though you technically have three years, waiting is almost never in your best interest.
A delay can lead to:
- Lost or destroyed evidence
- Unavailable witnesses
- Faded memories
- Greater risk of insurance denial
At Morgan Hill PC, we begin protecting your claim immediately, even if you’re unsure about suing. We manage the insurance process, defend your rights, and give you time to recover.
Schedule a Free Case Review
If you’ve been in a car accident in Tacoma or anywhere in Pierce County, don’t hesitate to get answers.
Call us today for a free consultation. We’ll help you understand how much time you have left and what steps to take now.
FAQ: Time Limits for Filing Claims in WA
Q: Is the 3-year limit also applicable to property damage?
A: Yes. RCW 4.16.080 covers injury and property damage. You must file within 3 years of the accident date.
Q: Can I still settle my claim after 3 years?
A: Not likely. Once the time limit expires, insurers usually stop responding. They understand that the law no longer obligates them to pay.
Q: What if I was a passenger, not the driver?
A: The three-year limit still applies. Whether you were driving, walking, or riding, you must file your claim on time.
Q: How can I stop the clock from running out?
A: Filing a formal lawsuit in civil court helps protect your rights, even if negotiations are still happening. Don’t wait until it’s too late.
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PERSONAL INJURY
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