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Washington State Law Library · Guide 01 of 23

Washington Auto Insurance & Crash Law

A citizen's map of Washington automobile liability, required insurance, underinsured motorist coverage, personal injury protection, comparative fault, insurer claim-handling duties, commercial and rideshare coverage, damages, reimbursement and settlement after a motor-vehicle crash.

Current-law review: Sept. 13, 2026 23-guide Washington series 25 / 50 / 10 minimum liability UIM + PIP offer protections

A Washington crash creates several different legal questions

A motor-vehicle crash does not create one insurance claim. Liability, insured status, insurance coverage, first-party benefits, damages, reimbursement and settlement each require a separate analysis.

Question 1

Who was at fault?

Determine what each driver and other responsible actor did and allocate fault under Washington law.

Question 2

Who is insured?

Liability, UIM and PIP can use different statutory and policy definitions of insured status.

Question 3

What insurance exists?

Investigate driver, owner, household, employer, commercial, rideshare, umbrella, excess and first-party policies.

Question 4

What is the complete loss?

Measure medical expense, future care, earnings, household services, property damage and noneconomic loss before final settlement.

Washington source-control rule: begin with the Revised Code of Washington and applicable Washington Administrative Code, then read the actual insurance policy and the controlling Washington appellate decisions.

Washington current-law snapshot

Issue Washington framework Primary authority
Mandatory liability insurance A person generally may not operate a vehicle subject to Washington registration without liability insurance or another authorized form of financial responsibility. RCW 46.30.020
Minimum liability limits $25,000 bodily injury or death per person; $50,000 per accident; $10,000 property damage. RCW 46.29.090
Underinsured motorist coverage UIM coverage ordinarily must be included unless a named insured or spouse rejects all or part of the coverage in writing. RCW 48.22.030
Personal Injury Protection PIP must be offered as optional automobile coverage. A named insured may reject it in writing. RCW 48.22.085
Minimum PIP offer Includes $10,000 medical/hospital benefits, $2,000 funeral, $10,000 income continuation subject to the statutory weekly cap, and $5,000 loss-of-services benefits subject to the statutory cap. RCW 48.22.095
Comparative fault Claimant fault proportionately reduces compensatory damages but does not automatically bar recovery. RCW 4.22.005
Multiple defendants Washington generally allocates damages according to fault, but important statutory exceptions can produce joint and several liability. RCW 4.22.070
First-party insurer remedies Washington combines common-law bad faith, insurance regulations, Consumer Protection Act principles and IFCA remedies. RCW 48.30.015; WAC 284-30

Required insurance is only the starting point

RCW 46.30.020 requires financial responsibility for most vehicles subject to Washington registration. The minimum policy limits are supplied by RCW 46.29.090.

Washington minimum limits:
$25,000 bodily injury or death to one person;
$50,000 bodily injury or death to two or more persons in one accident; and
$10,000 property damage.

Those amounts establish a statutory floor. They do not establish the actual amount of insurance available after a crash.

Higher limits, another owner's insurance, employer or commercial insurance, umbrella or excess coverage, rideshare coverage, self-insurance and first-party UIM may materially change the available recovery.

Do not treat the insurance card as the coverage investigation. The card normally identifies one policy. It does not establish every insured person, policy, endorsement, limit or source of recovery.

Washington gives UIM coverage a strong statutory role

Washington uses the term underinsured motorist coverage broadly. RCW 48.22.030 addresses vehicles with no applicable liability insurance as well as vehicles whose available liability limits are insufficient to satisfy the covered person's legally recoverable damages.

New and renewal automobile liability policies generally must provide UIM coverage for covered persons unless the named insured or spouse rejects all or part of bodily-injury UIM coverage in writing.

Default limit rule: bodily-injury UIM generally corresponds to the insured's third-party liability limits unless the insured rejects all or part of the coverage as permitted by RCW 48.22.030.

Washington's UIM statute also addresses hit-and-run and phantom vehicles, exclusions, deductibles, multiple applicable policies and circumstances involving intentionally caused incidents.

Whenever an insurer says there is no UIM coverage, obtain the complete policy and determine whether a valid written rejection exists rather than relying solely on the declarations page or a coverage representative's summary.

Washington PIP is optional—but insurers must offer it

Washington is not a mandatory no-fault state. Instead, RCW 48.22.085 requires insurers to offer Personal Injury Protection coverage, and allows the named insured to reject it in writing.

Minimum offer

$10,000 medical and hospital

RCW 48.22.095 establishes the basic medical and hospital benefit included in the statutory minimum PIP offer.

Additional benefit

Income continuation

The basic statutory offer includes up to $10,000 subject to the statutory $200 weekly limit.

Additional benefit

Funeral expense

The minimum statutory offer includes a $2,000 funeral-expense benefit.

Additional benefit

Loss of services

The minimum offer includes $5,000 of loss-of-services benefits, subject to the statutory weekly limit.

RCW 48.22.100 requires insurers, if requested by the named insured, to offer higher PIP limits including $35,000 of medical and hospital benefits.

Why PIP matters: when purchased, PIP can provide first-party benefits for qualifying accident-related losses without waiting for final resolution of another driver's liability claim.

Washington uses pure comparative fault

Under RCW 4.22.005, fault attributable to the injured claimant reduces compensatory damages in proportion to that fault but does not by itself eliminate recovery.

A claimant found 20% at fault ordinarily has compensatory damages reduced by 20%. A claimant found 70% at fault is not automatically barred solely because the claimant's percentage exceeds 50%.

Allocation becomes more complex when several people or entities contributed to the crash. RCW 4.22.070 generally directs the factfinder to determine each responsible entity's percentage of fault.

Washington generally enters judgment against each defendant according to that defendant's proportionate share, but the statute contains important exceptions.

Important Washington distinction: if the injured claimant is found free of fault, defendants against whom judgment is entered may be jointly and severally liable for the sum of their proportionate shares. Agency, servant and acting-in-concert relationships can also trigger statutory exceptions.

Washington has an unusually developed insurer-accountability framework

Insurance claim handling in Washington can involve several overlapping bodies of law:

  • the insurance policy itself;
  • common-law duties of good faith;
  • RCW 48.30.010 and Washington insurance regulations;
  • the Insurance Fair Conduct Act, RCW 48.30.015;
  • Washington Consumer Protection Act principles where applicable; and
  • Washington appellate decisions defining insurer duties and remedies.

RCW 48.30.015 allows a qualifying first-party claimant who is unreasonably denied coverage or payment of benefits to pursue statutory remedies. Depending on the findings, the statute can permit actual damages, attorney fees, litigation costs and enhancement of damages.

Washington therefore makes the claim file itself important evidence. Preserve notices of loss, correspondence, medical submissions, recorded statements, demands, offers, denial letters, policy provisions cited by the carrier, and explanations for delayed or reduced payments.

Current September 2026 rulemaking issue

Chapter 284-30 WAC establishes Washington's unfair claim-settlement standards, including requirements concerning investigation, communications, settlement and motor-vehicle claims.

Two versions must presently be distinguished. The Office of the Insurance Commissioner adopted substantial amendments to these claim-handling regulations on August 18, 2026. They become effective October 18, 2026. Until then, claims remain subject to the currently effective rules rather than the future text merely because the amended language already appears on the WAC website.

Washington regulates motor-vehicle claim settlement in detail

The Washington Administrative Code contains automobile-specific claim rules beyond the general unfair-settlement provisions.

WAC 284-30-390 addresses motor-vehicle settlement practices. Related rules govern total-loss valuation, valuation reports, storage and towing, deductibles in subrogation, and PIP claim practices.

Repair claim

Chosen repair facility

Washington rules regulate insurer dealings with a claimant's selected repair facility and prohibit specified arbitrary reductions.

Total loss

Valuation standards

Washington has specific administrative rules governing private- passenger total-loss settlement and valuation documentation.

Those rules will be developed in detail in Guides 09 and 19.

Vehicle use can change the applicable insurance system

Employment

Work and commercial use

Employer liability, commercial auto coverage, self-insurance and workers' compensation can overlap when the vehicle is being used for work.

Rideshare

TNC coverage

Washington changes required insurance according to whether a rideshare driver is merely logged into the platform or is engaged in a prearranged ride.

Government

Public vehicles

State and local government claims trigger special statutory claim- presentation procedures before litigation can proceed.

Rideshare / transportation network companies

RCW 46.72B.180 imposes a Washington-specific commercial transportation insurance system.

Before acceptance of a ride, the required policy includes at least $50,000 per person / $100,000 per accident bodily injury liability and $30,000 property damage, along with statutorily required UIM and PIP treatment.

During a prearranged ride, the statute requires $1 million combined single-limit liability coverage and specifically requires $100,000-per-person / $300,000-per-accident UIM while the passenger is in the TNC vehicle.

Government crashes require an additional procedural layer

Claims involving Washington state agencies, counties, cities and other public bodies should be identified immediately.

Claims against the State of Washington are governed by the state tort- claim presentation statutes, including RCW 4.92.100. Claims against local governmental entities are subject to RCW 4.96.020.

Under RCW 4.96.020, a tort action against a qualifying local governmental entity generally cannot be commenced until 60 calendar days after the required claim has been presented. The statute provides tolling during that period.

Public-entity procedures should therefore be calendared separately from the ordinary limitations analysis.

Washington wrongful death is a statutory beneficiary action

RCW 4.20.010 authorizes the personal representative to maintain a wrongful-death action for economic and noneconomic damages sustained by the statutory beneficiaries.

RCW 4.20.020 identifies the principal beneficiaries as the spouse, state registered domestic partner, children and stepchildren. If none exist, parents or siblings may qualify under the current statute.

Washington also maintains separate survival statutes. Wrongful death and survival claims therefore should not be treated as interchangeable.

Medical liens and insurer reimbursement affect the actual recovery

Washington differs sharply from Arizona here. PIP and Washington's made-whole case law are central to the reimbursement analysis.

Chapter 60.44 RCW separately authorizes specified health-care-provider liens against a tort claim or tort recovery arising from traumatic injury.

RCW 60.44.010 provides that all qualifying health-care liens for services arising from one accident may not exceed 25% of the award, verdict, judgment or settlement.

Washington's leading reimbursement authorities—including Thiringer v. American Motors Insurance Co., Mahler v. Szucs, Winters v. State Farm and Sherry v. Financial Indemnity Co.—will form the foundation of Guide 21.

Washington crash investigation workflow

Preserve the crash evidence. Obtain scene photographs, witness information, collision reports, vehicle evidence, video and available electronic data.
Identify every responsible person and entity. Investigate drivers, owners, employers, commercial operators, government entities, product manufacturers and others whose conduct may have contributed.
Find every liability policy. Do not stop with the policy shown on the insurance card.
Investigate UIM immediately. Obtain all potentially applicable policies and any written rejection relied on by an insurer claiming that UIM is unavailable.
Determine whether PIP exists. Review the policy and any written rejection. If PIP applies, identify the available medical, income, funeral and loss-of-services benefits.
Identify special-use insurance. Determine whether the vehicle was being used for employment, commercial transportation, rideshare or government service.
Allocate fault under Washington law. Investigate every potential at-fault entity before accepting an insurer's percentage assignment.
Document the complete damages. Track treatment, future care, lost income, diminished earning capacity, household services, noneconomic harm and property damage.
Track insurer conduct. Preserve the claim chronology, communications, requests, investigation, coverage positions, offers and denials.
Identify liens and reimbursement rights before settlement. Account for PIP reimbursement, health-care liens, Medicare, Apple Health/Medicaid, ERISA plans and other applicable claims.
Calculate the net recovery before signing a release. Know the gross settlement, enforceable deductions and rights being released before final settlement.

Primary authority behind this overview

RCW 46.30.020 — Mandatory financial responsibility

Establishes Washington's general requirement that qualifying motor vehicles be operated with liability insurance or another authorized form of financial responsibility.

RCW 46.29.090 — Minimum liability limits

Establishes the $25,000 / $50,000 / $10,000 financial-responsibility limits used by Washington's mandatory-insurance law.

RCW 48.22.030 — Underinsured motorist coverage

Washington's principal UIM statute governing required coverage, written rejection, hit-and-run and phantom vehicles, policy limits and multiple applicable coverages.

RCW 48.22.085 — PIP offer and rejection

Requires insurers to offer PIP as optional automobile coverage and permits a named insured to reject it in writing.

RCW 48.22.095 — Minimum PIP benefits

Defines Washington's minimum offered PIP benefits for medical and hospital expense, funeral expense, income continuation and loss of services.

RCW 4.22.005 — Comparative fault

Provides that claimant fault proportionately reduces damages rather than automatically barring recovery.

RCW 4.22.070 — Allocation of fault

Establishes Washington's percentage-of-fault system, general several- liability rule and statutory exceptions.

RCW 48.30.015 — Insurance Fair Conduct Act

Provides statutory remedies to qualifying first-party claimants for unreasonable denial of coverage or payment of benefits and specified related violations.

Chapter 284-30 WAC — Insurance claim practices

Establishes Washington's administrative standards for claim investigation, communications, settlement, automobile claims, total-loss valuation and related insurer conduct.

RCW 46.72B.180 — Commercial transportation services

Establishes Washington's rideshare and commercial-transportation insurance requirements according to the driver's operational status.

Chapter 60.44 RCW — Health-care-provider liens

Governs qualifying health-care liens against tort claims and recoveries arising from traumatic injuries.

Leading Washington case-law families

Olympic Steamship Co. v. Centennial Insurance Co.
117 Wn.2d 37, 811 P.2d 673 (1991)

Foundation of Washington's insurance coverage attorney-fee doctrine when an insured must litigate to obtain the benefit of policy coverage.

Tank v. State Farm Fire & Casualty Co.
105 Wn.2d 381, 715 P.2d 1133 (1986)

Major Washington authority governing an insurer's enhanced duties when defending under a reservation of rights.

Safeco Insurance Co. of America v. Butler
118 Wn.2d 383, 823 P.2d 499 (1992)

Important Washington bad-faith authority addressing insurer misconduct, harm and resulting remedies.

Perez-Crisantos v. State Farm
187 Wn.2d 669, 389 P.3d 476 (2017)

Defines important limits of IFCA and cautions against treating every regulatory violation as an independent IFCA cause of action.

Thiringer v. American Motors Insurance Co.
91 Wn.2d 215, 588 P.2d 191 (1978)

Foundational Washington made-whole authority governing insurer reimbursement from an injured insured's tort recovery.

Mahler v. Szucs
135 Wn.2d 398, 957 P.2d 632 (1998)

Leading Washington PIP reimbursement and common-fund authority, including allocation of recovery costs.

Bottom line

A Washington crash claim should not be reduced to the liability limits printed on one insurance card. Washington requires a separate inquiry into fault, insured status, every available liability policy, UIM, PIP, commercial or rideshare coverage, public-entity procedures, damages, insurer claim handling and reimbursement. Washington's combination of UIM protections, optional-but-required-to-be-offered PIP, pure comparative fault, IFCA, detailed claims regulations and developed reimbursement law makes a complete coverage investigation especially important before any final release is signed.

Public legal education only. Current Washington statutes, administrative regulations, insurance policies and controlling appellate decisions govern. This guide is a research and educational resource and is not individualized legal advice. Washington claim-handling regulations amended in August 2026 have an effective date of October 18, 2026; the version legally effective on the relevant claim date should always be verified.