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WA state personal injury law, statues of limitation, car insurances responsibilities

Asked over 2 years ago - Seattle, WA

I was involved in a rear end collision 2 years ago that I was at fault for. It was a minor collision and there was no damage to my car. The other person is now suing me for a significant amount more then my insurance company covers, and i was advised to seek a personal lawyer. This is my first time in 2 years hearing from my insurance company seeking information about the crash, they had never fully fallowed up with the claim when it happened. I no longer have the car, and never took any pictures due to the lack of damage to my car. Is there a limitation on the amount of time the other person has to make these claims? and is there any fault on my insurance company for never fallowing through with my case when it happened?

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Attorney answers (2)

Christopher Lee Thayer

Reputation Level 10

Answered over 2 years ago. Litigation Lawyer in Seattle, WA.

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In Washington a person generally has 3 years to pursue a personal injury action arising out of negligence. As to whether your insurance company properly followed up on the claim, I don't think you have provided enough information. It is possible that your insurance company did not receive notice of the injury claim until recently. To determine whether or not your insurance company properly investigated the claim, and whether that would give you any rights or claims arising out of how your insurance company responded, more information is needed. Regardless, if the claim against you likely exceeds your insurance coverage, you should definitely consult with your own attorney to protect your interests.

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Alexandra A Filutowski

Reputation Level 10

Answered over 2 years ago. Car / Auto Accident Lawyer in Seattle, WA.

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The injured party has the burden to prove his/her case by proving that you caused the accident and that you caused the claimed injuries. Your insurance company will hire a lawyer to refute most everything raised by the plaintiff's attorney. Even though the party is suing for more than your policy limits, it does not mean that the claim is worth that much and that a jury would award that much. You should speak with a lawyer about the details of your case to determine whether you are at risk for personal financial responsibility.

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