In Washington, the other driver clearly caused the crash but their insurer tells me to use my own collision coverage. Is that allowed?

Car insuranceWho paysWashingtonChecked Nov 5, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-05 · Source: Washington Administrative Code 284-30-390 «Acts or practices considered unfair in the settlement of motor vehicle claims.» · lead-in and subsection (9) View original ↗

In short

A Washington rule says an insurer may not recommend your own collision coverage just to avoid paying a claim.
This applies when it is reasonably clear who is at fault and what the damage is.
The sources do not say who was at fault in your crash.

What this means

This answer uses Washington sources only. A Washington rule (WAC 284-30-390) lists unfair practices for car claims. One is this: when fault and damages are reasonably clear, an insurer recommends that claimants use their own collision coverage just to avoid paying under the liability policy. The rule says "claimants." A second rule (WAC 284-30-320) says that word can mean a third-party claimant.

The sources do not say if using your own collision coverage is a good idea for you. They do not say how deductibles work. You may have other reasons to use your own coverage.

Your next step

Ask the other insurer in writing to state its decision on liability and why. If you choose to use your own coverage, ask your own insurer how the deductible is handled. The sources here give no day count.

Check it yourself

Open WAC 284-30-390 and read the opening paragraph and subsection (9).

Where this comes from (2)

[1] Washington Administrative Code 284-30-390 «Acts or practices considered unfair in the settlement of motor vehicle claims.» · lead-in and subsection (9) · checked 2026-11-05
In addition to the unfair claims settlement practices specified in this regulation, the following acts or practices of the insurer are hereby defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, specifically applicable to the settlement of motor vehicle claims: … (9) If liability and damages are reasonably clear, recommending that claimants make a claim unde…
[2] Washington Administrative Code (WAC) 284-30-320 «Definitions.» · subsection (2) · checked 2026-11-05
(2) "Claimant" means, depending upon the circumstance, either a first party claimant, a third-party claimant, or both and includes a claimant's designated legal representative and a member of the claimant's immediate family designated by the claimant.

How we found this

We matched your question to 2 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-05.

What we don’t know yet

Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.

Every answer is checked against the official rule it quotes.

Information only — not legal advice. Your plan, insurer or agency decides.

This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.

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