Washington Casualty Study Guide

National material teaches auto coverages as one family of “must be offered” rules and workers’ compensation as a market you can place. Washington breaks both. Two neighbouring auto statutes are built on opposite principles, and Title 51 gives an employer exactly two options, neither a private policy.

The auto pair — one is provided, the other is offered

Start with the stronger rule. RCW 48.22.030(2) does not say “offer.” No new or renewal policy may be issued for a vehicle registered or principally garaged in Washington “unless coverage is provided” against underinsured, hit-and-run and phantom vehicles. So underinsured coverage is included and charged for by default, and it comes out only on a written rejection by the named insured or spouse (RCW 48.22.030(4)). Once rejected it stays out of supplemental and renewal policies until requested again in writing, and bodily injury and property damage may be rejected separately. Motorcycles and motor-driven cycles are excepted.

Now the statute beside it. RCW 48.22.085(1) requires only that no policy be issued “unless personal injury protection coverage is offered as an optional coverage.” PIP stays off until bought. A named insured’s written rejection binds “all levels of coverage” and “all persons who might otherwise have been insured” (RCW 48.22.085(2)(a)).

One coverage, not two — and the numbers around it

Most states sell uninsured and underinsured motorist coverage as two products. Washington sells one. RCW 48.22.030(1) defines an “underinsured motor vehicle” to include a vehicle for which either no liability bond or policy applies at all, or the limits are less than the damages — so the wholly uninsured driver is already inside the definition.

Memorise the statutory PIP minimums as a block: $10,000 medical and hospital, $2,000 funeral, $10,000 income continuation subject to $200 per week, and $5,000 loss of services, also subject to $200 per week (RCW 48.22.095(1)).

Washington is pure comparative fault: contributory fault “diminishes proportionately the amount awarded as compensatory damages… but does not bar recovery” (RCW 4.22.005). There is no 50% or 51% threshold in the section, so a claimant 99% at fault still recovers 1%. And a phantom vehicle claim needs no physical contact — but the facts must be corroborated by evidence other than the covered person’s own testimony, and the accident reported to law enforcement within 72 hours (RCW 48.22.030(8)).

Workers’ compensation — a market you cannot place

RCW 51.14.010 is short enough to hold whole: “Every employer under this title shall secure the payment of compensation under this title by: (1) Insuring and keeping insured the payment of such benefits with the state fund; or (2) Qualifying as a self-insurer under this title.” That is the whole section. State fund or self-insure — there is no third option, and no private carrier may write Washington state-act industrial insurance. The fund sits at the Department of Labor & Industries, and RCW 51.04.010 makes it the exclusive remedy: civil actions for covered injuries are “hereby abolished.”

What private carriers do write is USL&H — the federal-act coverage — which has its own Washington assigned risk plan at chapter 284-22 WAC.

The benefit that arrives by cross-reference

Candidates look for the time-loss rate in RCW 51.32.090 and it is not there. RCW 51.32.090(1) points instead to the schedule in RCW 51.32.060(1) and (2), which runs from 60% of wages for an unmarried worker with no children up to a maximum of 75%, depending on marital status and number of dependents. The cap sits in a third subsection again — the monthly payment may not exceed 120% of the state average monthly wage computed under RCW 51.08.018 (RCW 51.32.060(6)(a)).

The waiting period has a condition attached. No compensation is paid for the day of injury or the three days following — unless the disability continues seven consecutive calendar days from the date of injury, in which case those days are paid (RCW 51.32.090(7)).

The two filing deadlines run from different events. An injury claim: one year after the day the injury occurred (RCW 51.28.050). An occupational disease claim: two years from the date the worker had written notice from a physician or a licensed advanced registered nurse practitioner — not from onset, diagnosis or last exposure (RCW 51.28.055(1)).

One closing detail with your name on it: insurance producers and surplus line brokers are on Title 51’s list of excluded employments (RCW 51.12.020(11)).