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Washington Hit and Run Laws: Penalties and What to Do

By Recording Law Editorial Team10 min read
Washington Hit and Run Laws: Penalties and What to Do

Frequently Asked Questions

What should I do immediately after a hit-and-run accident in Washington?

Stop your vehicle at the scene or as close as safely possible. Provide your name, address, insurance information, and license plate number to the other driver, passengers, or property owner. Show your driver's license if asked. Render reasonable assistance to any injured person, including arranging transportation to a hospital. Report the accident to police, especially if it involves injury, death, or property damage of $1,000 or more.

Is Washington a no-fault state for car accidents?

No. Washington is an at-fault (tort) state that follows a pure comparative fault rule. The driver who caused the accident is responsible for paying damages. Injured victims can recover compensation even if they share some responsibility, but their recovery is reduced by their percentage of fault.

What is the statute of limitations for hit-and-run charges in Washington?

It depends on the severity. Simple misdemeanor charges (unattended vehicle) must be filed within 1 year. Gross misdemeanor charges (attended vehicle, property damage) must be filed within 2 years. Class C felony charges (injury) must be filed within 3 years. There is no time limit for filing charges when a hit and run results in death. For civil lawsuits, injured victims have 3 years to file a personal injury or property damage claim.

Can I use my own insurance after being a hit-and-run victim?

Yes. Under RCW 48.22.030, Washington requires auto insurers to include uninsured motorist (UM) coverage in every policy unless you reject it in writing. UM coverage applies when the at-fault driver cannot be found. You must report the hit and run to law enforcement within 72 hours and provide corroborating evidence beyond your own testimony.

What if I was physically unable to stop after the accident?

Washington law specifically exempts persons who are injured or incapacitated by the accident to the extent that they are physically incapable of complying with the stop-and-report requirements. If you lost consciousness or suffered injuries that prevented you from stopping, this may serve as a valid defense. Medical records documenting your condition at the time of the accident would support this defense.

Injured in Washington? Get a free case review from a personal-injury attorney

If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a Washington personal-injury attorney. Most work on contingency, so there is no upfront cost.

Updates

Governing law re-checked for recent changes

Sources and References

  1. RCW 46.52.020: Duty in case of personal injury or death or damage to attended vehicle or other property(app.leg.wa.gov).gov
  2. RCW 46.52.010: Duty on striking unattended car or other property(app.leg.wa.gov).gov
  3. RCW 46.52.030: Accident reports(app.leg.wa.gov).gov
  4. RCW 9A.20.021: Maximum sentences for crimes committed July 1, 1984, and after(app.leg.wa.gov).gov
  5. RCW 46.20.285: Offenses requiring revocation(app.leg.wa.gov).gov
  6. RCW 9A.04.080: Limitation of actions(app.leg.wa.gov).gov
  7. RCW 46.61.520: Vehicular homicide(app.leg.wa.gov).gov
  8. RCW 46.61.024: Attempting to elude a police vehicle(app.leg.wa.gov).gov
  9. RCW 48.22.030: Underinsured, hit-and-run, phantom vehicle coverage(app.leg.wa.gov).gov
  10. RCW 46.20.342: Driving while license invalidated(app.leg.wa.gov).gov
  11. Washington DOL: Hit and run of an occupied vehicle(dol.wa.gov).gov
  12. WTSC: Preliminary Traffic Fatality Numbers for 2024(wtsc.wa.gov).gov
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