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Is Washington a No-Fault State?

Blogs from June, 2024

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Regarding insurance and accident compensation, the term "no-fault" often comes up. But what does it mean, and how does it affect you if you're in an accident? In auto insurance, a no-fault state is one in which drivers file a claim with their insurance company for injuries from a car accident, regardless of who was at fault. In this system, your insurance coverage is supposed to pay for your losses, and there's typically a limit to when you can sue the other driver.

So, is Washington a no-fault state?

Understanding Washington's Auto Insurance Laws

Washington State operates under a traditional "tort" or "at-fault" system for car accidents. This means that the person who is legally at fault for the accident is also responsible for paying the damages that result from it. After a car accident in Washington, you generally have three options:

  1. If the policy covers the accident, file a claim with your insurance company.
  2. File a third-party claim directly with the at-fault driver's insurance provider.
  3. Pursue a personal injury lawsuit against the at-fault driver in court.

In Washington, all drivers are legally required to carry liability insurance or prove financial responsibility in some other way. The minimum liability coverage amounts are as follows:

  • $25,000 for injuries or death per person.
  • $50,000 for total injuries or deaths per accident.
  • $10,000 for property damage.

Drivers may also opt for additional coverage, such as personal injury protection (PIP) and uninsured/underinsured motorist coverage. It’s important to note that while PIP is a common feature of no-fault states and Washington offers it, it operates differently—essentially as an add-on rather than as part of a no-fault framework.

Navigating Insurance Claims in Washington

Given that Washington is not a no-fault state, determining who was at fault is an important aspect of the accident claim process. Insurance companies will review police reports, witness statements, and physical evidence from the accident scene to make this determination.

If you're found at fault for the accident, your liability insurance will pay for the other party's damages up to your policy limits. If you're not at fault, you can either go through your insurance (if you have coverage like PIP or collision coverage) or pursue claims or lawsuits against the at-fault driver.

However, Washington follows the comparative negligence rule. So, if you are partially at fault, any award you receive will be reduced by your percentage of fault in the accident. For example, if you are found to be 20% at fault and the damage award is $10,000, you will only receive $8,000.

Personal Injury Lawsuits in Kent

If you're a driver in Kent, WA, navigating the intricacies of auto insurance can be daunting. At Dore Law Group, PLLC, we understand the importance of being well-informed and well-protected. Whether you're reassessing your insurance needs or seeking legal assistance after an accident, our experienced team is here to guide you through every step. Contact us today at (253) 236-3888 to ensure that your rights are safeguarded and that you're receiving the full benefits of your insurance coverage.

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