What is a Personal Injury Claim?
A personal injury claim is for bodily injury, medical expenses, disability, lost wages, pain, suffering, inconvenience, and other losses.
Your physical injuries and mental health problems after an accident are called personal injuries. Personal injury claims are generally settled separately from, and much later than, your auto property damage claim. Settle your personal injury claim only after you complete medical treatment, and you know the extent of your injuries and other losses. Knowing the value of what you have lost (bodily injury, medical expense, disability, lost wages, pain, suffering, and inconvenience) will help you figure out what your claim is worth. Many claims can be settled soon after your doctor has written his final report. If you settle too early or without knowing the value of your claim, you lose money.
What is My Personal Injury Claim Worth?
Personal injury claim values depend upon liability (fault), injuries, and what you have lost. These 10 factors will help you figure out your claim value.
- Medical Care – the quality and quantity of reasonable and necessary medical care makes a difference. More quality medical care means more cash value.
- Liability – who was how much at fault?
- Wage Loss – both past and future.
- Insurance – read your insurance policy to find the coverage you have. Look to the at-fault driver for insurance. Without any insurance, your claim may be worthless.
- Disability and Impairment – the seriousness of your injuries and the extent of your medical recovery.
- Who are you? Are you likable and believable? It makes a difference.
- How good are your witnesses? The more credible and believable, the better.
- Your attorneys. Get good ones.
- Documentation. Have you prepared the necessary evidence for your claim, including photos, videos, a diary, medical records, medical reports, accident reconstruction, etc.?
- Circumstances particular to your case should be considered. You must document how the auto accident injuries affect your life.
All these factors are essential. Together, they will add up to the value of your personal injury case.
What is The Smart Way to Handle an Auto Accident?
Think of it this way: you may have both a property damage claim and a personal injury claim. Handle these two claims separately.
- Settle your property damage claim first. Get your car repaired or replaced. Get yourself and your car back on the road. Avoid excess storage and rental car charges. Auto and other property damage claims can be taken care of early, often within weeks of the accident. Preserve the evidence if it will be needed in any possible lawsuit.
- Settle your personal injury claim later, after you fully understand the extent and seriousness of your injuries. Do not rush to settle. In every case, insurance companies know they can settle for less if they know you are in a hurry. Be smart about this, or it will cost you.
Who Pays For Repair to My Car, Truck, or Motorcycle in an Accident?
The at-fault driver(s) or their insurance is responsible for covering vehicle repair costs. Insurance will, at most, pay only up to the limits of their policy or the value of the vehicle, whichever is less.
Insurance should take care of your auto damage if:
- The other party is responsible and has liability insurance, or
- if you have collision insurance.
- If there is no insurance, then there is a problem
Towing and storage are part of a property damage claim. Be careful of storage fees because they can add up quickly. The at-fault driver’s insurance company is liable for towing and continued storage until they make a reasonable offer for your vehicle and other property damage. After an insurance company makes a fair offer, they usually won’t pay additional storage charges, so the towing and storage company will then look to you for payment.
You may be entitled to a rental vehicle from the accident date until the at-fault driver’s insurance company makes a fair offer to repair or replace your vehicle.
The Property Damage Claim.
What is Your Car Worth?
Insurance companies are obligated to repair or replace your car at their option:
- If your car is totaled, you are entitled to its fair market value. Market value is measured by blue book values, the sale price of similar cars, etc. A little homework here will save you some money.
- If your car can be repaired for less than its market value, then repair is the insurance company’s likely choice. Get a good shop to do the work, and do not sign off until you are happy with the repair job. If you wish, you can get the money for the damages but not repair your car.
What else needs to be done? Get a good set of pictures to help prove your case before letting the evidence disappear.
The amount of money you should be paid for your car and other property damage from your insurance company if you have collision and comprehensive coverage is the amount of your market value loss.
The amount of money you may be paid for your car and other property damage from the other guy’s liability insurance also depends on:
- who is how much at fault, and
- the cost to repair or replace the vehicle (whichever is less), and
- how well you can document fault and your losses.
Who Owns Your Car if You are Making Payments?
Some people own their car. Some people don’t. If you are financing a car, then on paper, the bank or finance company owns it, and you make the payments. If the car is owned by the bank or finance company and it’s totaled, the bank probably has a lien, so they get paid first, and you get paid your equity (if any) second. If you owe more on your car than it’s worth, then you have a problem. You have no equity, rather you are underwater with it. If you total an underwater car, you could lose the car and owe your bank the difference between what you can get the insurance company to pay and what you owe. Harsh but true.
How Long Do You Have to Make a Personal Injury Claim?
What is the Statute of Limitations (SOL) for a Personal Injury Claim?
After an accident, you have limited time to claim your losses formally. The deadline for settling or filing a lawsuit is called the statute of limitations (SOL). If you miss the statute of limitations, then you lose your claim. The length of the SOL varies among states and by type of claim. For accident and injury claims caused by negligence, in Washington State, the statute of limitations for negligence is usually three years. This time period usually begins to run on the date of the accident. The same claim against your own insurance company may be six years [it may be shorter]. Intentional injuries in Washington State usually have a two-year SOL. Job injury in Washington State usually has a one-year statute of limitations. Occupational disease claims have a SOL of two years or more. Other claims will have other deadlines, some of them very short. Do not procrastinate or fool around with this. Do not guess about your statute of limitations. Get specific legal advice about your particular time deadlines from experienced attorneys. Wait too long, and you lose your rights.
Insurance –
Delays with insurance companies may cause you to ask questions.
Questions such as: why is the insurance company giving me the run-around? Why is insurance information so difficult to understand? Questions about what this insurance limits of liability are? Are you wondering who pays the medical bills? Should you give a recorded statement? What to do if the car accident is a hit-and-run or caused by a drunk driver? Will the insurance company pay me?
What is Insurance? — The Good News
Insurance companies pay money to injured persons if you present them with an organized and convincing claim about liability and your losses. Look for all available policies which may apply to your situation. The other driver’s liability insurance, your driver’s insurance, one of your insurance policies, or the insurance of other responsible parties.
Depending on the facts and the insurance policy, insurance may protect the policy owner, drivers with permission, passengers, family members, pedestrians, victims, and others. Many policies contain some or all of the following coverage. Read your policy and discover the insurance policy of the other driver to see what coverage you have:
- Medical payments – optional coverage for accident-related medical and treatment bills.
- PIP/personal injury protection – Personal Injury Protection (PIP). This optional insurance covers, within a policy’s specified limits, the medical, hospital, and funeral expenses of the insured, others in his vehicles, and pedestrians struck by him. In Washington State, you can choose $10,000 or $35,000 limits. Payment is limited to the specified amount per person within either 1 or 3 years of the covered accident. Read your policy. PIP can also include:
- Income Continuation – recovers lost wages for up to a year. 85% of your weekly income up to $200 per week or $700 per week (whichever is less).
- Substitute Services – help to perform household or other tasks due to accident-related injuries. $40 per day / $200 per week / Max $5,000 / Up to a Year from the Incident.
- Funeral Expenses – $2,000.
What is Liability Insurance?
Liability is legal fault. Liability insurance is insurance protection for a person’s legal fault. Washington State law requires that all drivers have liability insurance. Individuals involved in motor vehicle accidents (MVAs) can be held legally at fault and thus financially liable for the consequences of an accident, including property damage, injuries to passengers and drivers, and fatalities. Severely injured persons or families of fatality victims may seek damages in civil court, often for well in excess of the value of insurance. Fault can lie entirely with one person or may be spread among several people. Liability insurance protects the insured if they cause an accident and are at fault. Liability insurance is available to pay injured persons for their bodily injury and property damage up to the amount of the specified liability coverage.
What is Collision Insurance?
Optional insurance coverage for an insured’s vehicle involved in an accident. Claim payment is subject to a deductible. Collision insurance provides payments to repair the damaged vehicle or pays the vehicle’s market value if that value is less than the estimated repair bill.
What is Comprehensive Insurance?
Comprehensive Insurance (a.k.a. – Other Than Collision) provides insurance coverage, subject to a deductible, for an insured’s vehicle damaged by incidents that are not considered a collision. For example, fire, theft (or attempted theft), vandalism, weather, or impacts with animals are types of comprehensive losses.
What is UM/UIM Insurance?
Uninsured/Underinsured Motorist insurance coverage (UM/UIM) provides coverage for the insured if an at-fault party either does not have insurance (UM) or does not have enough insurance (UIM). You buy this insurance to protect yourself. This is very important insurance – buy it. If you need it, then use it – you paid for it.
What is Excess/Umbrella Insurance?
Excess and umbrella is optional insurance coverage. It provides an extra layer of insurance if there is insufficient underlying insurance to compensate the injured.
Insurance — The Bad News
Most insurance adjusters consider it their job to pressure or charm you into settling too early and for less than a fair amount. It is the insurance adjuster’s job to build a case against you, and they will actually ask you to help them do this, even if the car accident is not your fault. Be wary if they want a recorded statement. Do not load their app on your phone. They will ask you to sign their forms because they are looking for information to lower the value of your case. They can and often will hire private investigators to spy on injured persons. They hire aggressive attorneys. Every time they talk with you, they are evaluating your injuries. They will not pay you if they think they can get away with it. If they offer you money, your claim may be worth more. If your insurance company demands full subrogation (return of their money when you settle with the other insurance company), watch out. The amount they demand may not be correct. Unscrupulous insurance adjusters are the number one reason injured persons hire attorneys.
No Insurance
IF YOU DRIVE without insurance, it is a crime. However, if you did not get a ticket and are not at fault for the accident, then likely:
- You may or may not get a ticket in the mail
- You should buy insurance for the future.
- You can still collect from the at-fault driver if he has insurance or assets.
If the OTHER DRIVER is at fault and they have no insurance, then you should hope they have lots of assets. If not then or you need to have your own UIM coverage, otherwise your case against them may be difficult and possibly worthless.
What About Driver’s License Suspension for an Auto Accident?
In Washington State, if the at-fault driver injured someone or caused at least $700 in damages and is uninsured, then the injured person or their insurance company can have the Department of Licensing suspend the driver’s license of the uninsured at-fault driver or uninsured registered vehicle owner.
If the other driver is the at-fault driver, and they have no insurance and no assets, and if you don’t have UIM coverage of your own, then you can make that at-fault driver ride the bus until they figure out how to pay you. Here is the link: WA State Licensing: License Suspensions- Failure to Pay Accident Damages.
If you are the at-fault driver, then you may be without a valid license until you pay for the damages or work out a compromise with the other driver or their insurance company.
Medical Care/Medical Bills
Medical care for your injuries is very important. Good medical care can make the difference between a good and a bad outcome for your case.
You may be entitled to have reasonable and necessary medical care paid for in the final settlement. However, entitlement is not the same as getting the bills paid. Most doctors expect timely payment of medical bills. Use your auto insurance personal injury protection (PIP) coverage or medical pay coverage to keep the medical bills current. Otherwise, use your health insurance, the other driver’s insurance, or see if your attorney can arrange a medical lien with the doctor to defer payment.
If you fail to get the medical care you need, both your health and the value of your claim will suffer. Get in the habit of advising the doctor of your problems each time you see them. Insurance Companies evaluate personal injury claims based on medical records. Said another way, if you don’t get your medical problems written down in the medical records, the insurance company won’t believe you have problems.
Wage Loss
With proper documentation from your doctor and your employer, you may be entitled to past and future wage losses at the final settlement. In addition, PIP coverage can make partial wage loss payments to you while recovering. Read your insurance policy to find out what benefits you have paid for.
Pain, Suffering, and Inconvenience
Pain, suffering, and inconvenience are an important part of a personal injury case. They are general damages, and in the right circumstances, they can be a big part of your money recovery. Physical and mental discomfort caused by the accident are pain and suffering. Loss of enjoyment of life, including the inability to fully enjoy pre-accident activities such as your daily routine, sports, hobbies, sex, and relationships with friends, is also part of pain and suffering. Keep an accident diary to record how your injuries affect your life. Be smart about what you put in that diary. All of it may become evidence in your case.
Fault – Who is at Fault? What is Negligence?
Comparative fault is the law in Washington State.
Fault for an auto accident may rest with one party, such as in a typical rear-end collision. If you were rear-ended, the other driver is likely completely at fault and liable for 100% of your damages. In other circumstances, fault for an accident may be apportioned between responsible parties on a comparative negligence basis. This means that if you are 30% at fault, you would hope to be paid for 70% of your damages, and you would owe the other party 30% of their damages.
Proof of Fault
Fault is proven by showing negligence, a failure to take proper care. Fault is about both what happened and who can prove what happened. For example, was the other driver distracted? Were they texting or on their cell phone? If so, can you prove it? Fault and proof of fault are two different things.
Get your proof. Investigate your claim completely: take photos, gather physical evidence, send for police reports, consult with an expert, and take witness statements. If fault might be questioned in your case, be sure you can prove, by a preponderance of evidence, your version of how the accident happened. If you need legal help, get it.
A rear-end accident is different from an intersection collision.
Fault/negligence is sometimes easy to prove, such as in a rear-end collision. However, intersection collisions, failure to yield, red light running, and other situations raise complicated fault questions. Who did what? Who said what? What will responsible drivers admit to? Are there witnesses or police reports? Questions about fault need answers.
How Much Can Someone Sue for a Vehicle Accident?
There are no limits on the dollar amount plaintiffs can sue for. Your recovery is limited by how much you can prove and the amount of the at-fault parties’ insurance and assets.
What if I Get a Ticket?
Sign the ticket, decide what you’ll do – pay or fight – and understand the difference between criminal and civil law.
- Criminal law – Tickets are written by the police for infractions or violations of criminal statutes. They are a matter between you, the state, the police, and maybe a judge or jury.
- Civil law – Civil law does not care much about traffic tickets. Civil law is used to get fair money compensation and, if necessary, to sue persons who have injured you. Civil law generally does not involve the police, although if the police investigate an accident, they may write a report that will be of some interest in a civil case.
An accident can involve both criminal and civil law. For example, if someone rear-ends you, they may get a ticket from the police for violating a traffic law – and their ticket will be handled in the criminal courts. In addition, you may sue them in civil court for your losses due to that same accident.
Here’s why it makes a difference. Some things that happen in criminal court can be used in civil court; some cannot.
- If you pay the ticket or otherwise plead guilty, the other party can use this against you in a civil case.
- If you fight the ticket and lose, this can be used against you in a civil case.
- If you plead “nolo contendere” and pay the ticket, this cannot be used against you in a civil case.
- If you fight the ticket and win, either side can use this in the civil case.
What If Someone Sues Me? What Can They Take?
If you have insurance – Your insurance policy obligates you to inform your insurance company if you are in an accident or if you are sued because of an auto accident. You should do it! Your insurance company will provide you with an attorney, but only up to the limits of your liability policy. Their attorney will not help with traffic tickets.
If you have no insurance, or if you are underinsured – The injured person may be able to get a judgement against you for all they have lost. Get legal advice about how to proceed.
What About Passengers and Their Injuries?
Passengers in a motor vehicle accident often have a good case. They can make a claim against either or both of the at-fault drivers and possibly other persons. A passenger may even have a claim against their own policy if the at-fault driver(s) are underinsured. Which policy to collect under and whether or not you want to sue a friend are decisions you should make. Your lawyer can help with those decisions. Passengers should get legal advice that is independent of the advice their driver gets.
If you are the at-fault driver and if you have an injured passenger, they have a claim against you.
Questions Answered About Seattle Auto Accidents
FAQ with Answers You Can Use – A helpful link
DIY – Can I Do It Myself?
That depends on you and your case.
If you have minor car repair issues and no injuries, you probably can DIY. You can settle, or you may be able to use small claims court if necessary. Pay attention, be careful, get some advice here or elsewhere and you should be able to DIY settle your claim.
DIY is a risk if you have serious injuries, wage loss, liability issues, injured passengers, or a cagey insurance adjuster who wants a recorded statement. You will likely do better with the guidance of experienced car accident lawyers.
How to Get Money from a Car Accident Without a Lawyer?
The more your case is worth, the easier it is to settle for peanuts. Insurance companies don’t want you to get a lawyer, so they might offer you a small settlement and hope you are desperate enough to take it.
What Can Seattle Personal Injury Lawyers or Attorneys Do For Me?
For the record, a lawyer and an attorney are one and the same.
The important thing is the area of practice of the attorneys/lawyers. Personal injury attorneys are lawyers who concentrate or limit his or her practice to accident and injury law.
Seattle personal injury lawyers give your case credibility and will let the insurance company know you mean business.
Lawyers can give you legal advice and help you get money for your injuries.
Lawyers can get a police report, find and talk with witnesses, collect medical records, take care of medical bills, gather employment information, explain insurance policies, and prove lost wages.
Lawyers can help you tell your story and get the insurance company to listen.
Lawyers will write a settlement demand letter, advocate for you, and, if necessary, file a lawsuit before the statute of limitations runs.
Personal injury lawyers can get you a fair settlement; if necessary, they can take your case into the courtroom.
What About Attorney Fees and Costs? How Much is this Going to Cost Me?
Attorney fees for personal injury cases at most law firms are based on a contingent fee agreement. This means that attorney fees are a percentage of the money attorneys recover for you. No recovery means no attorney fees. Contingency fee agreements must be in writing. No matter how much you trust your new lawyers, be sure to carefully read any fee agreement put in front of you. Ask questions. The fee agreement is a contract. Read it and know what you are signing. It’s the smart thing to do.
Case costs are different than attorney fees. Case costs are expenses incurred in the handling of your case. For example, an injury case needs medical records. The law firm will order the medical records, review the records, and use these records as part of your case; this is the lawyer’s job, and it is not a cost. The doctor however charges for a copy of the records, that charge by the doctor is a case cost. The client is responsible for eventually paying case costs.
Costs get paid either in advance, as the case proceeds, or at the end of the lawsuit or settlement award.
If you hire a lawyer, the fee agreement presented to you should provide the specifics about attorney fees and case costs. Read it with care. Ask questions. Know your rights and obligations before you sign.
Legal Advice
Anybody can give you their opinion, but only lawyers can give legal advice.
What is a fair settlement for injuries, pain and suffering, inconvenience, and a lifetime disability? How much do I ask for? How much should I get? How can I get the insurance company to take me seriously? Can I prove negligence? Should I take the offer or go to trial? What do I do next?
You can get answers to these and all of your accident questions from attorneys who have answered these questions many times before. You do not have to hire an attorney to settle your claim. However, you may want to because the insurance company is unlikely to fairly compensate you unless you do. Experienced personal injury attorneys will often obtain substantially more for you –even after fees and costs are paid–than the insurance adjuster would ever offer you.
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