A Rule Most Drivers Have Never Heard Of
Most people assume that being significantly at fault for a crash ends any chance of compensation. In many states, that assumption is correct. Washington works differently, and understanding that difference can change how a person approaches a claim after a collision in Bothell.
Pure Comparative Fault, Explained
Under RCW 4.22.005, Washington follows a pure comparative fault system. A driver’s fault reduces their recovery proportionally, but it does not bar recovery entirely, even if that driver was mostly responsible for the crash. A driver found eighty percent at fault can still recover twenty percent of their damages. Many other states cut off recovery once a driver’s fault crosses fifty or fifty one percent, but Washington sets no such ceiling.
- No fault percentage bars recovery entirely
- Damages are reduced proportionally to the claimant’s own fault
- Comparison applies whether the case settles or goes to trial
- Insurers still contest fault percentages aggressively despite the rule
Why Insurers Still Fight Over Fault Percentages
Because the rule reduces rather than eliminates recovery, insurance adjusters have a strong incentive to argue for a higher fault percentage against a claimant, since every additional point directly reduces the payout. A driver assigned forty percent fault instead of twenty percent loses twenty percentage points of their recovery, even though pure comparative fault means they still recover something either way.
How This Plays Out in Practice
Intersection collisions and lane change disputes are common settings where fault gets divided rather than assigned entirely to one driver. A driver merging without a full mirror check who gets hit by a driver going ten miles over the limit might be assigned some percentage of fault even though the other driver was traveling unsafely. The comparative system asks a jury or adjuster to weigh both parties’ conduct rather than deciding who was simply right or wrong.
What This Means for Bothell Claims Specifically
Bothell sits at the intersection of busy corridors including State Route 522 and Interstate 405, and crashes here often involve multiple contributing factors: traffic backups, merging lanes, and drivers unfamiliar with local intersections. A Bothell car accident lawyer evaluating a claim in this area works to establish an accurate fault percentage early, since the initial number an insurer proposes often becomes the anchor point for the rest of the negotiation.
Insurers know that most claimants do not push back hard on an initial fault assessment, particularly if they are unfamiliar with how comparative fault actually works in Washington. That imbalance is part of why an early, well-documented counter to a proposed fault percentage tends to matter more here than in states where the fault threshold is a hard cutoff rather than a sliding scale.
Why Evidence Still Matters Under This Rule
Some people mistakenly assume that because Washington’s rule is forgiving, evidence gathering matters less than in stricter states. The opposite is closer to the truth. Every percentage point of fault assigned to a claimant directly reduces their recovery, so clear evidence supporting a lower fault percentage has a direct dollar value, even in cases where some shared responsibility is not seriously disputed.
Filing Deadlines Still Apply
Regardless of how fault ultimately gets divided, Washington law generally requires a personal injury claim to be filed within three years of the crash under RCW 4.16.080. Working through comparative fault questions can take time, and starting that process early leaves more room to resolve disputes before the filing deadline becomes a separate concern.
Getting an Accurate Fault Assessment
A Bothell car accident lawyer at Deno Millikan Law Firm, PLLC gathers police reports, witness statements, and physical evidence with an eye toward the fault percentage question specifically, since that number shapes the value of a claim as much as the underlying injuries do.
Building the Right Record From the Start
Deno Millikan Law Firm, PLLC brings decades of plaintiff-side experience to building that record before an insurer has locked in its version of how fault should be divided.