Washington Injuries

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Bellevue pothole crash last year, insurers still blame each other, did I wait too long?

It depends, but probably not if the crash was less than three years ago. In Washington, most injury and vehicle-damage claims have a 3-year deadline. The big catch is if Bellevue or another public agency helped cause it, you must first file a tort claim form with the government and then wait 60 days before suing.

Before you know that, it feels like you have to sit there while insurers play hot potato.

One carrier says the pothole caused it. Another says the other driver was following too close. If the road defect was on a city street in Bellevue, the City of Bellevue may be in the mix. If it was a state route, it could be the Washington State Department of Transportation instead. Those are different claims, with different forms, and missing the government-claim step can wreck an otherwise valid case.

After you know this, the job changes: stop arguing with adjusters about whose fault it is and start locking down every possible claim before time runs out.

What to do now:

  • Pin down the crash date.
  • Identify the road owner: City of Bellevue, King County, or WSDOT.
  • Get the police report, photos, repair bills, and any proof of the pothole or frost-heave damage.
  • File the government claim form now if a public road defect may be involved.
  • Keep track of Medicare payments, because Medicare can demand repayment from a settlement.
  • Ask for the PIP ledger from your own auto insurer if it paid medical bills.

Washington uses comparative fault. More than one person or company can share blame. In many cases, each pays its share; in some situations where you were not at fault, Washington law can make defendants on the hook for the full amount among themselves. That matters because insurers blaming each other does not mean you lose your claim.

If medical bills are still hitting your fixed income, do not wait for the insurers to sort out their finger-pointing first.

by Janet Kwon on 2026-03-23

We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.

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