Can I Sue After a Car Accident in WA? [2026 Guide]

Yes, you can sue someone personally after a car accident in Washington if the insurance coverage is not enough to cover your damages. The crash happened fast, but now you’re facing slow-moving consequences like appointments, paperwork, time off work, and that uncomfortable feeling that the insurance numbers don’t match what you’re actually going through.

This guide walks you through how Washington car accident cases work when coverage is limited, what it realistically looks like to pursue compensation beyond an insurance policy, what deadlines and rules you need to know, and how to compare your options so you can make a calm, informed decision about your next step.

What you’ll walk away understanding from this guide:

When suing the driver personally makes sense, and when it does not
What you can realistically collect after a judgment in Washington
The deadlines that can quietly destroy your case if you miss them
How Washington’s comparative negligence rules affect what you can recover
When underinsured motorist coverage is the smarter path than chasing assets

Is Washington a No-Fault or At-Fault State for Car Accidents?

You may already be wondering whether Washington even allows you to pursue the other driver directly.
Washington is an at-fault state, which means the driver who caused the crash can be held financially responsible through their insurance and, when appropriate, personally.

For a deeper look at how these rules function, you can read our comprehensive breakdown: Is Washington a No-Fault Car Insurance State?

Why “fault-based” matters for your options

In practical terms, Washington’s structure gives you multiple paths, depending on coverage:

A claim against the at-fault driver’s liability policy
A claim on your own coverages (like collision or UIM, depending on the loss)
A lawsuit in civil court when insurance is disputed, delayed, denied, or simply not enough

Here’s a simple comparison:

Topic	No-fault states (general)	Washington
Who pays medical bills first	Often your own insurer via PIP	Usually coverage depends on fault and your policy structure
Lawsuits for injury	Often restricted unless threshold met	Lawsuits are generally available when fault and damages support it
Core idea	Reduce lawsuits for minor injuries	Liability drives responsibility

A few days ago, we reviewed a case where the client assumed “no-fault rules” applied because they had heard about PIP from a friend in another state. Once we laid out Washington’s fault system and the policy limits involved, the next steps became much clearer and less stressful.

When Should You Consider Suing the At-Fault Driver Personally in Washington?

At this point, it’s completely natural if you have a few questions in mind about “when it’s worth it.”
You consider suing personally when the insurance money available will not come close to covering your damages, and there is a realistic path to collect beyond the policy.

This is the moment where people confuse two ideas:

Winning a case (proving liability and damages)
Collecting a judgment (finding reachable money or property)

Washington’s minimum limits alone explain why this issue shows up so often: $25,000 per person can be exhausted quickly in a serious crash.

The most common triggers

You usually start considering personal exposure when one or more of these are true:

Your medical bills and future medical costs are far beyond available coverage
You are dealing with severe outcomes like traumatic brain injuries from a car accident, long-term impairment, or high wage loss.
Multiple people were injured and the per-accident limit caps the pool
The at-fault driver has meaningful income or non-exempt assets
Your own coverage is limited, disputed, or absent

Here’s a simple decision flow you can use before you spend emotional energy on a personal suit:

Decision flow:

Are your damages clearly above the at-fault driver’s coverage?
→ If not, a personal suit usually adds cost and delay.
→ If yes, continue.
Is there likely anything collectible (income, accounts, non-exempt equity)?
→ If no, you may win “on paper” and still receive little.
→ If yes, continue.
Do you have UIM or other coverage that could pay faster and cleaner?
→ If yes, compare those paths before you chase assets.
→ If not, a personal suit may be the only route to full value.

One client we helped had a mid-range injury case on paper until the imaging and specialist follow-ups stacked up. Their total damages were headed toward six figures, while the available liability coverage was nowhere close. That is the real reason people explore a personal lawsuit, not because they want conflict, but because the math leaves them no choice.

Signs Your Case May Justify Going After Personal Assets

Right now, you might be trying to relate this to your own situation and do a quick self-check.
A case may justify a personal approach when the gap is large and your losses are well-documented, not speculative.

Here’s a practical checklist you can use.

Self-assessment callout

Medical bills already exceed $50,000 and treatment is ongoing
You have objective injuries (fractures, surgery, spinal injury, TBI indicators)
A doctor projects future care, rehab, or permanent restrictions
Proving loss of wages is possible because you cannot return to the same work.
The at-fault driver appears to have stable income, property, or business ties
There are multiple injured people competing for the same policy limit pool

If 3 or more fit your situation, it’s a strong signal the “insurance-only” approach may not match the reality of your damages.

How Long Do You Have to Sue Someone Personally After a Car Accident in Washington?

Before you decide anything, it’s important you understand this clearly.
In most Washington car accident injury cases, you generally have three years from the date of the crash to file a lawsuit.

Washington’s limitation statute states that many actions must be commenced within three years, and personal injury claims typically fall within that structure. The safest way to treat this is simple: assume the clock is running now, because it is.

Why waiting hurts you even before the deadline

Even if you are still “within time,” delay creates dangers of delaying legal action:

Surveillance footage gets deleted
Witnesses disappear or forget details
Vehicles get repaired or totaled and evidence vanishes
Medical documentation becomes harder to connect cleanly to the crash
Insurers become more aggressive about causation disputes

If you’re unsure about your deadline or you feel the insurance timeline is pushing you into corners, schedule a free case review with Elsner Law Firm in Seattle. You can reach us 24/7 by phone, text, or online scheduling, and we can quickly tell you what the real timeline looks like for your specific accident.

What Personal Assets Can You Reach in Washington After a Judgment?

If you’re feeling unsure about this part, you’re not alone.
After a judgment, collection is usually about income and liquid assets first, then property interests, but Washington law also protects certain essentials.

This is where expectations matter. A personal judgment is not a lottery ticket; it is a legal tool that can be powerful when the person has collectible resources.

Washington law allows post-judgment tools like execution and garnishment within a defined window; for example, RCW 6.17.020 addresses enforcing judgments within 10 years from entry (with exceptions and renewal provisions).

Common “reachable” targets

In plain terms, collection often focuses on:

Bank accounts (subject to exemptions and procedure)
Wages (subject to exemption formulas and caps)
Non-exempt equity in certain property
Judgment liens that attach to real estate interests (subject to exemptions)

Washington also has “supplemental proceedings,” where the court can order the debtor to appear and answer questions about assets.

Wage collection, without the myths

For many people, the most realistic collectible “asset” is wages.

Washington’s earnings exemptions are detailed, but the key idea is this: a portion of disposable earnings is protected, and only the non-exempt portion can be garnished. RCW 6.27.150 lays out exemption formulas, including structures that commonly leave up to 25% of disposable earnings potentially reachable in many non-consumer contexts, subject to minimum-wage thresholds and court rules. If you are struggling to quantify the financial impact of your accident, learn how to prove loss of wages in your personal injury ca se.

Reachable vs. commonly protected, at a glance

Typically reachable (case-dependent)	Often protected or limited (case-dependent)
Non-exempt bank balances	Protected portion of wages via exemptions
Non-exempt vehicles or property interests	Homestead-protected home equity up to limits
Judgment liens on non-exempt real estate equity	Many retirement accounts (often shielded under law)
Business receivables in some scenarios	Certain public benefits and exempt funds

A few weeks ago, we advised someone who wanted to “go straight after the house.” Once we walked through Washington’s homestead protections and the equity math, the smarter play became wage-based collection plus a judgment line strategy, not an expensive fight that would go nowhere.

What Assets Are Protected From Collection in Washington State?

Let’s pause for a moment and look at this from your perspective, because this part can feel intimidating.
Washington law protects certain essentials so that a judgment does not automatically mean someone loses everything, and those protections can affect what you can realistically collect.

The clearest example is the homestead.

Homestead protection (primary residence equity)

RCW 6.13.030 sets Washington’s homestead exemption amount as the greater of:

$125,000, or
the county median sale price of a single-family home in the preceding year.

RCW 6.13.070 further states the homestead is exempt from attachment and execution up to the exempt amount.

So if your strategy depends on “taking their house,” you want an attorney to run the numbers first, not your emotions.

Retirement and other protected categories

While the exact protections depend on the account type and facts, many retirement accounts are often shielded under federal and state protections. The practical takeaway is this: if the at-fault driver’s wealth is tied up in protected categories, a personal judgment may be hard to monetize.

This is exactly why a smart case strategy includes an early “collectability” analysis, not just liability analysis.

Can the At-Fault Driver File Bankruptcy to Avoid Paying a Judgment?

From my experience, this is where most clients want a clear answer.
Yes, bankruptcy can sometimes discharge certain debts, and that can include many negligence-based personal injury judgments, but there are important exceptions.

The Bankruptcy Code lists specific categories of debt that are not discharged. For example:

Debts for “willful and malicious injury” are exceptions to discharge under §523(a)(6)
Debts for death or personal injury caused by unlawful operation of a motor vehicle due to intoxication are addressed under §523(a)(9)

So the reality is not “bankruptcy wipes everything.” The reality is “bankruptcy changes leverage,” and the case facts determine how.

What this means for your decision-making

If bankruptcy is a concern, strategy matters:

Strong proof of damages and liability can increase settlement pressure early
Identifying coverage layers and your own coverages can reduce dependence on collection
Understanding the driver’s financial profile changes whether a lawsuit is practical

A recent case review we did involved a driver with minimal assets but stable income. The client’s best result did not come from chasing “big assets.” It came from a structured approach that combined insurance recovery, careful documentation, and a realistic plan for post-judgment enforcement if needed.

How Does Washington’s Pure Comparative Negligence Rule Affect Recovery?

If this feels confusing at first, let me simplify it for you.
Washington follows a pure comparative fault rule, meaning your compensation can be reduced by your percentage of fault, but you are not automatically barred from recovery.

RCW 4.22.005 states that contributory fault diminishes damages proportionately, but does not bar recovery. For a deeper dive into these rules, see our guide on Washington comparative fault law.

A clean example

If a jury finds:

Total damages: $100,000
Your share of fault: 40%

Your recovery becomes $60,000.

Here’s a simple “percentage bar” to make it visual:

Your fault: 40%
Their fault: 60%

That proportional reduction matters in every conversation about value, settlement, and whether pursuing additional defendants or insurance sources makes sense.

Underinsured Motorist Coverage vs. Personal Lawsuit: Which Option Is Better?

You’re probably asking yourself how this actually works in real life when insurance is short.
In many cases, underinsured motorist coverage is faster and more reliable than trying to collect from a person’s assets, but it depends on your policy and the defendant’s financial reality.

Washington law requires insurers to provide underinsured motorist coverage in auto policies unless it is rejected under the statute’s rules and exceptions. RCW 48.22.030 lays out that requirement and defines an “underinsured motor vehicle” as one where available liability limits are less than the damages you are legally entitled to recover.

Washington’s Insurance Commissioner also describes how uninsured/underinsured motorist coverage can help pay for damage and injury, including hit-and-run and phantom vehicle scenarios.

Side-by-side comparison

Factor	UIM claim	Personal lawsuit
Speed	Often faster than post-judgment collection	Can be slow, especially if assets are hard to reach
Certainty	Tied to your policy limits and rules	Tied to collectability and enforcement
Costs/effort	Legal work still required, but collection is simpler	Collection can add major time and expense
Best fit	When you have solid UIM and need predictable recovery	When damages exceed coverage and defendant has reachable assets

Why Choose Elsner Law Firm After a Washington Car Accident?

If you were sitting across the table from me, this is what I’d want you to know before you choose anyone.
You deserve a team that treats your case like it could go the distance, not like it’s just another file, and you should feel that difference from day one.

What you get with us :

Washington-only personal injury focus (17+ years): You’re not getting general legal advice, you’re getting strategy built for Washington rules and courts.
24/7 free consultations: You can reach us by call, text, or online scheduling when you actually need answers, not days later.
No fee unless we win: You don’t pay upfront, and we advance case costs so money isn’t a barrier to building a strong claim. You can review our 30-day no-fee promise for details.
Trial-ready case building: We prepare every case like it may need litigation, which helps prevent lowball offers and stalling tactics.
Strong expert network: When your case needs medical support, accident reconstruction, or vocational input, we know how to bring in the right professionals.
Statewide support with local understanding: Multiple Washington offices help us serve you with real insight into local roads, insurers, and court dynamics.
Client-first communication: You get honesty and clarity, so you’re not left guessing what’s happening with your case.

In short, Car Accident Lawyer Seattle help matters most when you feel pressured, overwhelmed, or underestimated, and you want someone who can protect

Frequently Asked Questions

How long after a car accident can you sue in Washington state?

Usually you must file the lawsuit within 3 years from the crash date. If you miss it, the court can dismiss the case, even if the other driver was clearly at fault.

What is the most you can sue for in a car accident?

There’s no fixed maximum for normal “compensatory” damages it’s based on what you can prove.In real life, the limit is often insurance policy limits + available assets, and WA generally doesn’t allow punitive damages unless a statute authorizes it.

Is Washington a no-fault state for car accidents?

No Washington is generally fault-based (at-fault) for claims.But if you have PIP, it can pay certain costs no matter who caused the crash.

How much money should I expect from a car accident?

It depends on injury severity, treatment, medical bills, missed work, and how well everything is documented.It also depends on fault percentage and available coverage.

How much compensation can you get from a car crash?

Typically it’s based on medical expenses, lost income, and pain/suffering, plus future care if needed.Your total can be limited by policy limits and disputed liability.

Can a passenger sue a driver after a Seattle car accident?

Yes if the driver was negligent, a passenger can bring a claim (usually through the driver’s insurance).In multi-car crashes, a passenger may have claims against more than one at-fault driver.

Can you collect a judgment for years after the case ends?

Yes Washington generally allows enforcement tools like execution/garnishment for up to 10 years after judgment entry.In some situations, it can be extended if the proper steps are taken.

What is a debtor examination in Washington and why does it matter?

It’s a court process that can require the debtor to appear/answer about income and assets. It matters because it helps you find what can actually be collected (bank accounts, wages, property).

Conclusion

Insurance limits don’t always match the real cost of a serious crash. In Washington, suing the at-fault driver personally can be an option, but it only makes sense when the numbers justify it and there’s a realistic way to collect.

If you want a clear, practical plan for your next step, contact Elsner Law Firm in Seattle for a free consultation. Call or text 206-447-1425 or email justin@elsnerlawfirm.com anytime, and we’ll explain your options in plain English.