Do not leave the scene of an accident
If the accident is relatively minor, move your vehicle to a safe area out of harm’s way. Turn off the vehicle and turn on your hazard lights.
Make sure no one in your vehicle is hurt. Even a minor accident can cause injuries, and the injuries may not be immediately evident. Call for help if there is the slightest doubt.
Exchange information, including driver’s license, address, and insurance information, with others involved in the accident. Also note the plate number, registration, and the make and model of the other vehicle. You may use your cell phone camera to make a quick note of all of the above information.
Call the police. Obtain the officer’s name and contact information as well as the accident report number.
Don’t admit blame and don’t argue over who is at fault.
If possible, take photos of the accident scene and any damage to the vehicles involved.
Contact your insurer right away. You should find a phone number for the claims department on your insurance card.
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 company is not on your side. Your own insurance company is not on your side.
Most insurance policies require cooperation on the part of the insured. As such, if the insurance adjuster for your own insurance company calls, you will most likely need to discuss the accident with the adjuster. If you are already represented by an attorney, you should refer the adjuster to your attorney.
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. If you are injured in a motor vehicle accident through no fault of your own, you should speak with an attorney. Once you notify the adjuster that you have hired an attorney, the adjuster must communicate through the attorney and is prohibited from speaking with you directly. If you are absolutely sure that property damages are minimal and you were not injured, you may speak with the adjuster, but it is a judgment call. If you are unsure, you should speak with an attorney first.
Rules vary depending on which insurance initially paid for medical treatment. The Personal Injury Protection portion of the insured’s auto insurance policy is typically the first insurance carrier that pays for medical treatment, but not always. If injured while working, workers’ compensation will pay for medical treatment. If not PIP or workers’ compensation, the insured’s medical insurance, Medicare, or Medicaid may pay 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.
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. Personal Injury Protection will likely also pay medical expenses if the insured is injured as a pedestrian or injury, as a passenger in someone else’s vehicle. There may also be a wage loss provision in the PIP portion of the policy that provides payment if the insured is unable to work for a period of time following a motor vehicle accident.
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.
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.
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.
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.
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. You may also use sick leave or vacation benefits through your employer if you are entitled to such benefits.
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’s 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.
Typically, both personal injury and wrongful death claims are based on the negligence of another person. Personal Injury claims differ from Wrongful Death Claims in two ways: 1) the party bringing the action; and 2) the damages sought.
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 other relative dependent on the deceased.
Damages sought in personal injury claims typically include past and future medical expenses, lost wages, and pain and suffering. The spouse may have a loss of consortium claim as well.
Damages sought by the survivor in a wrongful death claim typically include medical expenses, burial expenses, loss of future wages, and loss of care comfort, and companionship.
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. Depending on the policy, it may also pay for your lost wages if you can’t work because of your car accident injuries. PIP is an important and effective way to pay for any medical treatment you need until we can resolve your claim against the person who is responsible for your accident. PIP policies typically range from $10,000.00 to $35,000.00 in available benefits.
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.
Call us today.
Offices in Seattle and Everett.
Talk to an attorney to get free advice about your claim.
206-623-5311
Mailing Address
PO Box 34645
Seattle, WA 98124-1645
*Packages and overnight deliveries should be shipped to the Seattle physical address.
Seattle Office
3000 1st Avenue
Seattle, WA 98121
Everett Office
2906 Colby Ave | Suite 101
Everett, WA 98201