Washington Standard Tort Claim Form

Introduction

Key Things to Know

1. 1

   The deadline is strict. A claim must be presented before suit, and a local claim must be presented within the applicable period of limitations (RCW 4.96.020(2)). The general limitations period for injury or property claims is 3 years (RCW 4.16.080). Read the statute or contact the entity's risk management office to confirm the rule for your claim.

2. 2

   The Washington State Standard Tort Claim Form, maintained by the Office of Risk Management in the Department of Enterprise Services, is mandatory (RCW 4.92.100(1); 4.96.020(3)). For a local claim, presenting either the standard form or the local government's own tort claim form satisfies the statute (RCW 4.96.020(3)(e)). Fill in the official form and keep a copy.

3. 3

   State track: the claim is presented to the Office of Risk Management, Department of Enterprise Services, in person, by regular, registered or certified mail with return receipt, by email attachment or by fax (RCW 4.92.100(1)). DES also offers online submission.

4. 4

   Local track: the claim is presented to the agent the governing body appointed to receive claims, whose name is recorded with the county auditor. Delivery is in person, or by regular, registered or certified mail with return receipt (RCW 4.96.020(2)).

5. 5

   The form asks for the claimant's name, date of birth and contact information, the conduct and circumstances, the injury or damage, the time and place, persons involved if known, the amount of damages claimed, and the claimant's residence now and when the claim arose. An amount of damages must be stated.

6. 6

   No suit may be filed until 60 calendar days after the claim is presented (RCW 4.92.110; 4.96.020(4)). The limitations period is tolled during those 60 days. An action commenced within 5 court days after the 60 days is deemed presented on the first day after the 60-day period.

7. 7

   The claim requirements must be liberally construed so that substantial compliance is deemed satisfactory (RCW 4.92.100(3); 4.96.020(5)). That rule covers how the claim is filled in and presented, so still present a complete form on time.

Washington Requirements for Notice of Claim

• Standard Tort Claim Form

  RCW 4.92.100(1) and 4.96.020(3): claims are presented on the standard tort claim form maintained by the Office of Risk Management. A local claim may use the local government's own tort claim form instead (4.96.020(3)(e)).

• Local Presentment Deadline

  RCW 4.96.020(2): a claim against a local governmental entity is presented to its agent within the applicable period of limitations. The general injury or property period is 3 years (RCW 4.16.080).

• State Claim Recipient and Delivery

  RCW 4.92.100(1): Office of Risk Management, Department of Enterprise Services, in person, by regular, registered or certified mail with return receipt, by email attachment or by fax. DES also offers online submission.

• Local Claim Recipient and Delivery

  RCW 4.96.020(2): the agent appointed by the governing body and recorded with the county auditor, in person or by regular, registered or certified mail with return receipt.

• Required Contents

  Name, date of birth and contact information; conduct and circumstances; injury or damage; time and place; persons involved if known; residence now and when the claim arose.

• Amount of Damages and Signature

  State the amount of damages claimed. The claimant signs verifying the claim, or an attorney-in-fact, a Washington attorney or a court-approved guardian signs.

• 60-Day Waiting Period

  RCW 4.92.110 and 4.96.020(4): no suit until 60 calendar days after presentment; the limitations period is tolled during that time, with a 5 court day rule after the 60 days.

• Substantial Compliance

  RCW 4.92.100(3) and 4.96.020(5): the claim requirements are liberally construed so that substantial compliance is deemed satisfactory.

• Tolling for Minors and Incapacity

  RCW 4.16.190: the limitations period excludes time under age 18 and time while incompetent or disabled so as not to understand the proceedings.