If another driver hit you, the next 30 days will shape what you can recover. Insurance adjusters move fast. They will call within 48 hours, ask for a recorded statement, and offer a settlement that closes the file before you know the full cost of your injuries. The lawyers at Telaré Law have spent years on the other side of those negotiations across Washington and Oregon, and we have recovered more than $100 million for injured clients. One car crash claim we resolved produced $4.5 million for a client after the insurer’s opening offer was $175,000.
We take car accident cases on contingency. There is no fee unless we win, no charge for the initial consultation, and no obligation if you decide to handle the claim yourself after we talk.
What to do after a car accident in Washington or Oregon
The actions you take in the first hour, the first week, and the first 30 days each have a different effect on your claim. Here is the sequence that protects your medical recovery and your legal rights.
At the scene
- Call 911 if anyone is injured, if the vehicles are blocking traffic, or if the other driver is impaired. In Washington, RCW 46.52.030 requires you to file a written report if injury, death, or property damage over $1,000 occurred and no officer responded.
- Photograph everything before vehicles are moved: license plates, damage on every panel, the position of vehicles relative to lane lines, skid marks, debris, traffic signals, and weather conditions.
- Get the other driver’s full name, address, phone, license number, insurance carrier, policy number, and license plate. Take a photo of their insurance card and license.
- Ask any witness for their name and phone number. Witnesses leave quickly and become impossible to find later.
- Do not say you are not hurt. Adrenaline masks injury symptoms for hours. Soft tissue damage and concussions often present 24 to 72 hours after impact.
Within 72 hours
- See a doctor even if you feel fine. Documented medical care creates the paper trail your claim depends on. Gaps in treatment are the single biggest reason insurance carriers reduce settlement offers.
- Notify your own insurance carrier of the accident. You have a contractual duty to report. Stick to the facts and do not speculate about fault.
- Do not give the other driver’s insurance company a recorded statement. They are not obligated to record you, and anything you say can be used to argue contributory fault.
Within 30 days
- Track every expense connected to the crash: medication co-pays, mileage to medical appointments, lost wages, home modifications. Washington and Oregon both allow recovery of these costs but only if you can prove them.
- Talk to a car accident lawyer before signing any release. Once you sign, the claim is closed. Future medical complications cannot be added.
How fault is determined under Washington and Oregon law
Both states use comparative fault, but the rules are slightly different and the difference matters.
Washington: pure comparative fault (RCW 4.22.005)
Washington follows pure comparative fault. You can recover damages even if you were 99% at fault, with your recovery reduced by your percentage of fault. A $100,000 damages award reduced by 30% comparative fault pays you $70,000. This is one of the most claimant-friendly fault rules in the country and is why many out-of-state injury firms refer Washington cases to local counsel.
Oregon: modified comparative fault, 51% bar (ORS 31.600)
Oregon caps recovery at 50% comparative fault. If you are found 51% or more at fault, you recover nothing. If you are found 50% or less at fault, your damages are reduced by your fault percentage. This makes liability investigation more important in Oregon claims because the line between 50% and 51% is the line between a full case and no case at all.
Common car accident injuries we handle
The injuries that drive settlement value are the ones that change how a client lives. Bruises and stiffness heal. The injuries below often do not.
- Traumatic brain injury and concussion, including post-concussion syndrome lasting months after the crash
- Spinal cord injury, herniated discs, and lumbar or cervical fractures
- Internal organ damage, including liver lacerations and splenic rupture from seatbelt force
- Compound fractures requiring surgical hardware
- Facial scarring and disfigurement
- Soft tissue injuries that develop into chronic pain syndromes
- Psychological injuries including PTSD and driving anxiety, which are compensable under Washington law
What your Washington or Oregon car accident claim may be worth
Settlement value depends on three categories of damages. The first two are economic. The third is non-economic and carries the most variance.
Economic damages
Medical bills (past and future), lost income, lost earning capacity, vehicle repair or replacement, rental car costs, and out-of-pocket expenses. These are calculated from receipts, paystubs, and physician projections of future care.
Non-economic damages
Pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium for a spouse. Neither Washington nor Oregon caps non-economic damages in standard auto cases. (Oregon’s prior $500,000 cap on non-economic damages was struck down by the Oregon Supreme Court in Busch v. McInnis Waste Systems in 2020.)
Punitive damages
Available in Washington only in narrow statutory circumstances. Available in Oregon when the defendant acted with reckless or outrageous indifference under ORS 31.730. DUI crashes are the most common qualifier.
Telaré Law case examples include a $3.5 million truck crash recovery on a $450,000 opening offer and a $4.5 million car crash recovery on a $175,000 opening offer. Past results do not predict future outcomes, but they do show what a prepared trial file can move an adjuster to do.
Why insurance companies offer less when you do not have a lawyer
The Insurance Research Council, an industry-funded body, found in its most recent Auto Injury Insurance Claims study that injured claimants represented by an attorney received settlements averaging 3.5 times higher than unrepresented claimants for comparable injuries. That figure aligns with our own intake data. The reason is structural: adjusters have authority limits that change once a lawyer files a notice of representation, and they value cases differently when the file is being prepared for trial rather than for quick closure.
How long do I have to file a car accident claim?
Washington’s statute of limitations for personal injury is three years from the date of the accident (RCW 4.16.080). Wrongful death claims also carry a three-year limit (RCW 4.16.080). Oregon’s personal injury limit is two years (ORS 12.110) and wrongful death is three years (ORS 30.020). Claims against a government entity (a city bus, a state highway crew vehicle) require notice of claim filings as early as 60 to 180 days after the incident, and missing that deadline is fatal regardless of how strong the underlying case is.
Working with Telaré Law on your car accident claim
We have offices in Kennewick, Richland, and Bend, and we represent clients across the Tri-Cities, Yakima, Walla Walla, Spokane County, Deschutes County, and surrounding regions. Every case we accept is prepared as if it will be tried, because insurance carriers know which firms try cases and which firms only settle. That preparation drives better settlement outcomes even when the case never sees a courtroom.
Call (509) 652-2362 for our Washington office or (541) 327-4729 for our Bend office. The consultation is free, you owe nothing if we do not recover for you, and we will give you a straight answer about whether you need a lawyer at all.
Frequently asked questions about car accidents in Washington and Oregon
How much does a car accident lawyer cost in Washington or Oregon?
Most car accident attorneys, including Telaré Law, work on contingency. You pay nothing upfront and nothing if there is no recovery. The fee is a percentage of the settlement or verdict (commonly 33% pre-litigation, 40% if the case is filed in court). Case costs (expert fees, deposition transcripts, filing fees) are typically advanced by the firm and reimbursed from the recovery.
Should I accept the insurance company’s first offer?
Almost never. First offers are calibrated to close files cheaply. The initial offer is rarely the carrier’s authorized maximum, and accepting it forfeits your right to recover anything more even if your injuries worsen. Have a lawyer review the offer before signing.
What if the other driver was uninsured?
Washington requires uninsured motorist (UM) coverage to be offered with every auto policy, and rejection must be in writing (RCW 48.22.030). If you did not reject UM coverage in writing, you have it. Oregon mandates $25,000 of UM coverage on every policy under ORS 742.502. UM coverage steps into the shoes of the at-fault driver’s nonexistent insurance and pays your damages up to your policy limits.
What if I was partially at fault for the accident?
In Washington, you can still recover even if you were primarily at fault, with your recovery reduced proportionally. In Oregon, you can recover as long as you were 50% or less at fault. Do not assume you have no case because you might share blame. The fault percentage is negotiated and often very different from the police officer’s initial impression.
How long will my car accident case take?
Straightforward claims with clear liability and completed medical treatment can resolve in 4 to 8 months. Cases involving disputed liability, serious injury, or commercial defendants often take 12 to 24 months. Cases that go to trial typically resolve 18 to 30 months after the accident.
Do I need to go to court?
Most car accident cases settle without trial. Less than 5% of personal injury cases nationally go to a jury verdict. That said, you should hire a firm that prepares every case for trial, because cases prepared for trial settle for more than cases prepared to settle.