Question 1

What do I need to do after I've been involved in a car accident?

Accepted Answer

Do not leave the scene of an accident, make sure no one in your vehicle is hurt, exchange information including driver’s license, address, and insurance information with others involved in the accident, call the police, don't admit blame, take photos, contact your insurer, and finally, call a trusted personal injury lawyer.

Question 2

Should I accept the insurance company’s settlement offer?

Accepted Answer

You should not accept the insurance company’s offer without first speaking with an attorney. Insurance companies make quick settlement offers because they want to settle for the lowest amount possible. The insurance companies are not on your side and neither is your own insurance company.

Question 3

Should I talk to insurance adjusters?

Accepted Answer

You are not required to speak with the adjuster of the other driver’s insurance. Be wary. The defendant’s insurance adjuster is trying to build a defense against you. The defendant’s adjuster is trying to minimize the amount paid in damages. The defendant’s adjuster is not your friend.

Question 4

Do I have to pay back my insurance company after being injured?

Accepted Answer

Rules vary depending on which insurance initially paid for medical treatment.  In most cases, a portion is repaid through subrogation. The amount that must be repaid through subrogation can be negotiated with the insurer that paid for the medical treatment. Depending on the insurer, the amount to be repaid may be negotiated during the settlement process.

Question 5

What will my insurance cover? Liability, PIP, UIM?

Accepted Answer

The liability portion of the policy protects the insured when the insured is at fault. The insurance company defends the insured and pays the injured party up to the limits of the insured’s liability coverage.  The PIP (Personal Injury Protection) portion of the policy pays medical expenses for the insured up to the limits of the insured’s Personal Injury Protection. This is the portion of the policy that pays your medical expenses when you are injured in a motor vehicle accident and have yet to settle with the at-fault driver.  UIM (Uninsured Motorist/Underinsured Motorist) is the portion of the policy that compensates the insured if the at-fault driver is uninsured or if the at-fault driver does not have sufficient insurance to fully compensate the policyholder for her/his injuries.

Question 6

Who pays for my property damages, my insurance or theirs?

Accepted Answer

Typically, the insured’s insurance company will pay for car repairs (less the deductible). The insured’s insurance company will then be reimbursed by the at-fault driver’s insurance, and send a check for the deductible amount to the insured.

Question 7

Can I still pursue compensation if I was partially at fault for my injuries?

Accepted Answer

Yes, but damages are limited to the defendant’s proportionate share of damages. For example, if you are 25% at fault, and the defendant is 75% at fault, and your damages total $100,000, the defendant’s share of your damages is limited to $75,000.

Question 8

What damages may I recover?

Accepted Answer

You may recover damages for repair or replacement of your vehicle as well as diminished value, reasonable car rental expenses, medical expenses, permanent physical damages, future medical expenses, lost wages, incidental expenses, pain and suffering, emotional distress, and loss of consortium among others. The purpose of monetary damages is to make you whole.

Question 9

What can I do about my lost wages until my case is settled?

Accepted Answer

You will typically receive nothing from the at-fault driver’s insurance company until the case is settled or decided by trial. You may receive limited wage replacement through the personal injury protection portion of your own auto insurance coverage or through your private disability policy.

Question 10

What does it cost to hire a lawyer for a personal injury claim?

Accepted Answer

The Walthew Law Firm handles personal injury or negligence matters on a contingency basis.  That means that you do not pay for attorney fees unless we are successful in making a recovery for you.  Typically the attorney fee will be a percentage of the gross settlement or jury verdict that is recovered for you.  The fee can vary by case, and other firms now put a clause into their fee contract that calls for a higher fee if the case goes to a full trial or to the appellate level. However, our rate is 331/3 percent. There will most likely be some additional costs in pursuing a personal injury claim such as gathering medical records, filing a lawsuit, hiring expert witnesses, investigation services, etc.  Those costs are the responsibility of the client but typically come out of the recovery at the end of the case.

Question 11

What is the difference between personal injury and wrongful death cases?

Accepted Answer

In a personal injury claim, the injured party brings the action. In a wrongful death claim, the personal representative of the estate or a survivor brings the action. The survivor may be the spouse, child or another relative dependent on the deceased.

Question 12

What is PIP?

Accepted Answer

PIP is an insurance policy that you often have even if you don’t know you have it or what it is.  It is part of your auto insurance policy, and under Washington law, you have it unless you reject it in writing.  PIP stands for “Personal Injury Protection,” and it is a medical insurance policy that pays for your medical treatment if you are injured in a car accident.

Question 13

What if I exhaust my PIP, who pays for my medical costs?

Accepted Answer

If you exhaust (or run through) all your PIP benefits, you may seek help from your other insurance companies.  If you have a medical insurance policy provided by your job, you may submit your medical costs to that insurance policy.  Typically, these other medical insurance policies agree to pay once you confirm that you’ve gone through all your PIP benefits.  If you do not have any other insurance coverage, it’s often a good idea to check with our state’s government about state insurance programs to help cover your bills.

Personal Injury FAQ

Our Attorneys

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Offices in Seattle and Everett.

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Personal Injury FAQ

Our Attorneys

Call us today. Offices in Seattle and Everett.

Request an appointment

Call us today.
Offices in Seattle and Everett.