How Long Do I Have to File a Claim in Washington State?

The Statute of Limitations for Car Accident Claims in Washington

If you’ve been hurt in a crash, you only have a limited window to file a lawsuit. In Washington, the statute of limitations for most car accident injury claims is:

3 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 likely dismiss your case, and you may lose your right to recover any compensation.

Why the Deadline Matters

Even if you plan to settle with the insurance company, the 3-year limit still matters. That’s because:

• It gives you legal leverage in negotiations
• It protects your ability to file a lawsuit if settlement talks fail
• Insurers know they can walk away after the deadline passes

Waiting too long could leave you with unpaid medical bills, lost wages, and no legal recourse.

Are There Exceptions to the 3-Year Rule?

Yes. Washington law includes 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 discovered them.
• Mental incapacity: If someone was unable to understand or act on their legal rights, the clock may be paused.
• Wrongful death: Time limits depend on when the death occurred and when survivors knew it was caused by negligence.

If you’re unsure whether your case qualifies for an exception, speak to an attorney as soon as possible.

When Does the Clock Start Ticking?

In most car accident cases, the 3-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 do have to file a lawsuit in 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 start protecting your claim right away, even if you’re not sure you want to sue. We handle the insurance process, preserve your rights, and give you space to heal.

Schedule a Free Case Review

If you’ve been in a car accident in Olympia or anywhere in Thurston County, don’t wait to get answers.

Call Morgan Hill PC today for a free consultation. We’ll help you understand how much time you have left, and what steps to take now.