There is a three year statute of limitations for most personal injury cases in Washington. That means that suit must be filed within three years or the claim is lost. There are, however, some exceptions to the rule.
We received a call recently from a client who was hit while he was riding his bike. The accident happened about four years ago. He called a couple of other firms who told him that the statute had run out and he didn’t have a claim.
We asked him a little bit more about his case. It turned out that the driver did not stop and left the scene of the accident.
We asked the rider if he carried UIM coverage. He said he did but he didn’t think it was applicable because he was on his bike.
First, the good news: UIM coverage does cover accidents that happen when people are riding their bikes. Second, the better news: UIM claims are quasi-contractual. Unless a limitation is set in the policy, UIM claims are subject to a six year statute of limitations.
We obtained the police report and related medical records. With this information we drafted a demand letter. After only a couple of months we settled the case for policy limits and the client was able to pay off his student loans.