As mentioned above, the state of Washington uses a liability system, not a no-fault system. The person who caused the accident is also the person whose insurance company is responsible for paying full compensation (up to the limits of the policy) to other people who are injured in that accident. Washington is not a no-fault insurance state. Washington operates under a liability system to process auto accident complaints.
This means that when an accident occurs, the fault is assigned to one or both drivers. No, the state of Washington is not a no-fault state. Washington is a “guilty” or “tort” state. This means that when an accident occurs, the “at-fault” person will pay for the injuries and damages caused.
That's why it's important to have a personal injury lawyer. The police and insurance companies will gather all available evidence to decide who is at fault. The at-fault driver's insurance will pay to cover the other driver's damages. Let's say someone was 98% at fault in an accident, you can still claim the remaining 2% from the other driver.
Each at-fault person is assigned a share of the blame and is responsible for paying a proportional share of the damages. Specifically, Washington follows the Pure Comparative Fault Rule (also called pure comparative negligence theory), which allows the injured party to obtain compensation even if they are 99 percent at fault, but in which the court or adjuster will decrease compensation in proportion to the degree of fault of the injured party. In no-fault systems, motorists waive their right to sue in most cases, but their injury claims are usually covered automatically. Washington state law also requires that driver insurance protects others who may be injured in a car accident in which you are found guilty.
From the laws that govern car accidents in Washington State to the settlement you can expect to obtain, we'll help you deal with this difficult situation with confidence. When no-fault insurance was first implemented, several states thought it would simplify the process of treating car accidents. It offers another layer of protection for you and your family if you suffer serious injuries or die in a car accident. Every driver must still have insurance, but the at-fault driver's insurance pays all (or most) of the bill.
A person involved in a car accident in Washington State has the right to file a lawsuit for uncompensated economic damages, such as lost wages and medical expenses, and for non-economic damages, such as pain and suffering. Your insurance company sends you a proof of insurance card when you start or renew your car or motorcycle policy. The state of Washington is a comparative fault state, meaning that fault can be shared in a personal injury case. In Washington State and other liability states, medical coverage will only be paid after fault has been determined.
Most car accidents in Washington State are resolved through negotiations to reach an insurance settlement, rather than a formal court case.