How long do I have to file a car accident claim?

The Revised Code of Washington § 4.16.080 establishes that a person must begin an action for injury to their person within three years of the date of a car accident. If the crash results in death, then a wrongful death lawsuit must be filed within three years of the date of the person’s death (which could be later than the date of their accident).

The Revised Code of Washington § 4.16.190 does allow for the statute of limitations to be tolled (or delayed) when a victim is 1) under the 18 years of age, 2) is “incompetent or disabled to such a degree that he or she cannot understand the nature of the proceedings,” or 3) is imprisoned on a criminal charge prior to sentencing. Such victims will have three years from the date that they turn 18, become mentally competent, or are released from prison. The code also allows for the statute of limitations to be tolled when a defendant is out of the state or concealed within, and their period of absence will generally not be counted as being part of the limitations period.