IFCA Notice: Washington's 20-Day Rule for PI Attorneys

The at-fault driver's carrier tendered its limits. Your client's injuries are worth more, so you open a UIM claim with your client's own insurer. Months later, the offer is a fraction of the records. In Washington, that's the moment the Insurance Fair Conduct Act, and its 20-day notice, comes into play.

This guide covers when IFCA applies in a PI case and when it doesn't, what the statute lets a client recover, and how to send the IFCA notice. It also covers how it fits with the demands you've already sent. The short version: IFCA is about your client's own insurer, not the other driver's.

What Is the IFCA Notice?

The IFCA notice is the written notice a first party claimant must give before suing under Washington's Insurance Fair Conduct Act. It goes to the insurer and the Office of the Insurance Commissioner 20 days before filing. It states the basis for the claim. If the insurer doesn't fix it in 20 days, the claimant may sue.

The rule is in RCW 48.30.015(8). Voters approved the Act in 2007, and the OIC has an overview of IFCA. The Office of the Insurance Commissioner explains the process on its page on filing a 20-day IFCA notice.

Who Can Use IFCA in a PI Case?

Only a first party claimant can sue under IFCA. The statute defines that as someone asserting a right to payment as a covered person under the policy. In a PI case, that's usually your client's claim against their own insurer, such as PIP or UIM. A claim against the at-fault driver's liability carrier is usually a third-party claim, outside IFCA.

The claim	Your client is	IFCA?
Bodily injury claim against the at-fault driver's liability policy	A third party to that policy	Generally no
Personal injury protection (PIP) under the client's own auto policy	A covered person under the policy	Yes, if the elements are met
Underinsured or uninsured motorist (UIM/UM) under the client's own policy	A covered person under the policy	Yes, if the elements are met
The client's health plan	A covered person, but the statute excludes health plans	No

The health plan exclusion is in RCW 48.30.015(7). Claims against the at-fault driver's carrier may raise other issues, such as the duty to settle within limits. Our guide to policy limits settlements covers that side in Washington and other states.

What Can a Client Recover Under IFCA?

A first party claimant unreasonably denied coverage or payment of benefits may recover actual damages and the costs of the action. That includes reasonable attorneys' fees and litigation costs, including expert fees. If the court finds an unreasonable denial or a violation of certain claims-handling rules, it may raise the award up to three times actual damages.

The claims-handling rules are listed in RCW 48.30.015(5). They're the same Washington rules a demand letter often cites, including:

• WAC 284-30-330: specific unfair claims settlement practices
• WAC 284-30-360: failure to acknowledge pertinent communications
• WAC 284-30-370: standards for prompt investigation
• WAC 284-30-380: standards for prompt, fair and equitable settlements

The statute also lists WAC 284-30-350 on misrepresenting policy provisions. Some of these rules have been amended recently, so read the current text. Our guide to the demand letter to the insurance company covers how Washington's response deadlines work in practice.

How Do You Send the 20-Day Notice?

Send written notice of the basis for the claim to both the insurer and the Office of the Insurance Commissioner, 20 days before filing. Use regular mail, registered mail or certified mail with return receipt. Both are deemed to have received it three business days after mailing. Missing either recipient is the easiest mistake to make.

The OIC's page gives the mailing address for its IFCA claim notification unit. It says the office date-stamps each notice and enters it in a tracking log. Keep proof of mailing for both copies, in the form the court rules or statute allow for proof of service by mail.

Counting the 20 Days

The statute requires the notice 20 days before you file. It treats the notice as received three business days after mailing. Many attorneys count the 20 days from the deemed-receipt date to stay safe. Write three dates in the file.

Date	What it is	Source
Mailing date	The day both copies go out, with proof of mailing	RCW 48.30.015(8)(a)
Deemed receipt	Three business days after mailing	RCW 48.30.015(8)(a)
Earliest filing date	After the 20-day period has run; many attorneys count it from deemed receipt	RCW 48.30.015(8)(a), (c)
Limitations period	Tolled during the 20 days if the notice is served in time	RCW 48.30.015(8)(d)

The notice also protects the deadline. If you serve it within the time allowed to file, the limitations period is tolled during the 20 days. If the insurer doesn't resolve the claim in that time, you can file without further notice.

How the Notice Fits With Your Demands

In a typical Washington auto case with a UIM claim, the steps look like this.

1. 1Third-party demand. Send the bodily injury demand to the at-fault driver's carrier, with the records and bills.
2. 2Tender or offer. The liability carrier pays its limits or makes an offer. Follow your client's policy on notice to the UIM carrier before you accept.
3. 3UIM demand. Send a full demand to your client's own carrier. The same records and chronology support it.
4. 4Watch the handling. Track acknowledgments, investigation and the offer against the claims-handling rules.
5. 5The 20-day notice, if warranted. If the attorney concludes the carrier unreasonably denied coverage or payment, send the 20-day notice to the carrier and the OIC.

Not every low UIM offer is an IFCA claim. The statute requires an unreasonable denial of coverage or payment, or a violation of the listed rules. That's the attorney's judgment. It depends on what's in the file.

What to Put in the Notice

The statute asks for written notice of the basis for the claim. A clear notice gives the insurer a fair chance to fix it. It also gives you a clean record if it doesn't. Most attorneys include:

• The parties and policy: the insured, the insurer, the policy and the claim number.
• What was asked for: the demand, the date it was sent and the records that went with it.
• What the insurer did: the denial, the offer or the delay, with dates.
• Why it's unreasonable: the facts, and any claims-handling rules you believe were violated.
• What would resolve it: the payment or action you're asking for within the 20 days.

The OIC's page notes that its notification form is all it needs for its own copy. Your notice to the insurer should still state the basis in full.

Mistakes That Undercut the Notice

• Sending it on a third-party claim. IFCA is for first party claimants.
• Sending it only to the insurer. The statute requires notice to the OIC too.
• Using it for a health plan. Health plans are excluded.
• Filing too soon. Wait out the 20 days, and calendar from the deemed-receipt date.
• A vague basis. "Bad faith" isn't a basis. Dates, documents and the rules are.
• A thin UIM demand. If the records weren't in the demand, the carrier can say it never had them. Our guide to medical record retrieval covers getting them in time.

Where Lexyno Fits

Lexyno doesn't write IFCA notices or decide whether a carrier acted unreasonably. Those are the attorney's calls. Lexyno's AI demand letter software drafts the demands that come before them, from the case's records, with source references on the figures. The same file supports both the third-party demand and the UIM demand.

Medical Summary builds the chronology and specials that show what the carrier had in front of it, and when. Plans are on the pricing page. For how other states handle pre-suit demands, see our guide to California's CCP 999 rules.

Know Which Insurer You're Dealing With

The 20-day notice is a short letter with a big job. It applies to your client's own insurer, not the other driver's. It goes to the carrier and the OIC, 20 days before you file, and it states the basis in full.

Get the first-party question right, and the rest of the notice is mostly calendaring.

Start the demand from our PI demand letter template, see a finished car accident sample, or try Lexyno on one case from your own file, free.