Car, Truck, and Pedestrian Accidents. 20 Things You Need to Know Now!
Serious injuries and wrecked cars are not much fun. Accidents cause problems. Accidents cost money, and they may have you asking questions.
What Is A Car Accident Injury Claim?
Auto accidents can lead to personal injury and property damage. If you are injured in your auto accident, you may be able to make both a personal injury claim and a property damage 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.
A property damage claim is for your vehicle, its contents, and other property interests.
Don’t Settle Too Early
Settle your personal injury claim 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. Most claims should not be settled until 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 Car Accident Claim Worth in Seattle?
A personal injury claim is for bodily injury, medical expenses, disability, lost wages, pain, suffering, inconvenience, and other losses.
- Medical Care – the quality and quantity of reasonable and necessary medical care makes a difference.
- 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.
- The documentation you have prepared is essential evidence for your claim, including photos, videos, a diary, medical records, medical reports, accident reconstruction, etc.
- Circumstances particular to your case should be considered—document how auto accident injuries affect your life.
All these factors are essential. Together, they will add up to the value of your personal injury case.
Automobile Damage
Auto and other property damage claims can be taken care of early, often within weeks of the accident. The smart plan is to settle your auto damage claim early to save on expenses. A rental car or a car towed to storage costs money. Get your vehicle damage repaired, get back on the road, and settle your personal injury claim later.
How to Get Your Car Back on the Road
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.
What is Your Car Worth?
Insurance companies are obligated to repair or replace your car at their option:
- If your car is totaled, then you are entitled to fair market value for your car. 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 a check for the car damages but not repair your car.
What else needs to be done? Get a good set of pictures to help prove your case before you let the evidence disappear.
The amount of money you should 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).
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.
Who owns your car? Some people own their car. Some people don’t; instead, the bank or finance company owns it, and they just 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 second. If you owe more on your car than it’s worth, then you have no equity; rather, you are underwater with it. If you total an underwater car, it could be that you lost the car, plus you owe your bank the difference between what you can get the insurance company to pay and what you owe. Harsh but true.
Statute of Limitations (SOL) – Time Limits on Your Claim
After an accident, you have limited time to claim your losses. 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. In Washington State, the statute of limitations for accident and injury claims caused by negligence is usually three years. The same claim against your UIM insurance company may be six years. Intentional injuries in Washington State usually have a two-year SOL. Job injuries in Washington State usually have 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. Don’t procrastinate or fool around with this. Don’t guess about your statute of limitations. Get specific legal advice about your particular time deadlines. Wait too long, and you lose your rights.
Insurance Companies May Have You Asking Questions
Questions such as:
- Why is the insurance company giving me the run-around?
- Why is insurance information so difficult to understand?
- What are the insurance limits of liability?
- 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?
- How long will all this take?
Insurance — The Good News
Insurance companies pay money to injured persons if you present them with an organized and convincing claim for your losses. Look for all available insurance policies that may apply. The other driver’s liability insurance is 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 – 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 insured’s medical, hospital, and funeral expenses, 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.
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 are at fault. Liability insurance covers injured persons for their bodily injury and property damage up to the amount of the specified liability coverage.
Collision Insurance
An optional insurance coverage for an insured’s vehicle involved in an accident is subject to a deductible. It provides payments to repair the damaged vehicle or pays the market value of the vehicle if that value is less than the estimated repair bill.
Comprehensive Insurance
(a.k.a. – Other Than Collision) provides insurance coverage, subject to a deductible, for an insured’s vehicle that is 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.
UM/UIM Insurance
Uninsured/underinsured Motorist 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).
Excess/Umbrella Insurance
This coverage is optional. It provides an extra layer of insurance coverage 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, ask you to load their app on your phone, or ask you to sign their forms. 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, chances are that your claim is 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
Driving without insurance is a crime. However, if you didn’t get a ticket and are not at fault for the accident, then it is 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 they need to have lots of assets, or you need to have your own UIM coverage. Otherwise, your case against them may be difficult and possibly worthless.
Driver’s License Suspension.
In Washington State, if the at-fault driver injured someone or caused at least $700 in damages and is uninsured, then the injured person can have the Department of Licensing suspend the driver’s license of the uninsured at-fault driver or uninsured registered vehicle owner.
So, 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.
Medical Care/Medical Bills
Medical care for your injuries is critical. Good medical care can make the difference between a good and a bad outcome for your case.
Personal Injury Protection
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) or medical pay coverage to keep your medical bills current. Otherwise, use your health insurance or the other driver’s insurance, or see if your attorneys can arrange a medical lien with the doctor to defer payment.
If you fail to get the medical care you need, 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
You may be entitled to past and future wage losses at the final settlement with proper documentation from your doctor and your employer. 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.
Pain, Suffering, and Inconvenience
Pain, suffering, and inconvenience are an essential part of a personal injury case. They are general damages and, in the right circumstances, 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 relationship 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. It may become evidence in your case.
Fault – Who is at Fault in an Accident?
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 entirely 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. Comparative negligence means that if you are 30% at fault, then 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 about both what happened and who can prove what happened. For example, was the other driver distracted and on their cell phone? If so, can you prove it? Fault and proof of fault are two different things.
Investigate your claim completely: take photos, gather physical evidence, send for police reports, consult with experts, 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 than an Intersection Collision
Fault/negligence is sometimes easy to prove, such as in a typical rear-end collision. Intersection collisions, red light running, and other situations raise interesting questions. Who did what? Who said what? What will responsible drivers admit to? Are there witnesses or police reports? Fault questions need answers.
What if I Get a Ticket?
Sign the ticket, decide what you’re going to 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 police, and maybe a judge or jury.
- Civil law – Civil law does not involve traffic tickets. Civil law is used to get fair money compensation and, if necessary, to sue a person who has 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, then either side can use this in the civil case.
What If Someone Sues Me?
If you have insurance – Your insurance policy obligates you to inform your insurance company if you are sued for 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 – Get legal advice about how to proceed.
Passengers and Their Injuries
Passengers in a motor vehicle accident often have a good case. They can claim either or both at-fault drivers and possibly others. 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. Good lawyers help with those decisions. Passengers should get legal advice that is independent of the advice their driver gets.
If you are the driver and at fault and have injured passengers, they have a claim against you.
Questions Answered About Seattle Auto Accidents
Do I Need Legal Representation After a Car Accident, or Can I Do It Myself?
That depends on you and your case.
- If you are being sued, get legal advice.
- If you are not at fault, then the seriousness of your injuries makes a difference.
If you have minor car repair issues and no injuries, you probably can DIY. You could use small claims court if necessary. Pay attention, be careful, and get some advice here or elsewhere, and you should be able to 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 experienced car accident lawyers in Seattle.
What Can Seattle Car Accident Lawyers Do for Me?
For the record, lawyers and attorneys are the same.
A personal injury attorney can help. Personal injury attorneys concentrate on or limit their practice to accident and injury law.
- Seattle auto accident lawyers give your case credibility and will let the insurance company know you mean business.
- Car accident lawyers in Seattle can give you legal advice and help you get money for your injuries.
- Auto accident lawyers in Seattle can obtain police reports, locate and interview witnesses, collect medical records, handle medical bills, gather employment information, explain insurance policies, and prove lost wages.
- Seattle car accident law firm 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.
- Car accident lawyers in Seattle can get you a fair settlement or, if necessary, take your case into the courtroom.
How Much Will it Cost to Hire Lawyers for a Car Accident in Seattle?
Most law firms ‘ attorney fees for personal injury cases 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 from attorney fees. They are expenses incurred in handling your case. For example, an injury case needs medical records. A law firm should order the medical records, review them, and use them as part of your case; this is the law firm’s job, not a cost. The doctor, however, charges for a copy of the records; that charge is a case cost. The client is responsible for eventually paying case costs.
Costs get paid in advance, as the case proceeds, or at the end, from the settlement award.
If you hire lawyers, the fee agreement presented to you will provide the specifics about attorney fees and case costs. Read it with care. Ask questions. Know your rights and obligations before you sign.
How Can I Get Legal Advice About My Car Accident?
Anyone can give you their opinion, but only lawyers can give legal advice. The contact information for a free legal consultation and case evaluation is at the end of this page.
Things Auto Accident Lawyers in Seattle Will Help You Figure Out:
- 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 do 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 attorneys to settle your claim. However, you may want to because the insurance company is unlikely to compensate you fairly 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.
Legal Information and Legal Services
Information for free. The information on this website is provided as a free service. With this information, you can make informed choices about your situation and what you will do about it. If you call or write, you will get an answer to your phone or e-mail questions.
Want to Talk to an Attorney? You can make that happen if you want to talk to an attorney. Initial attorney consultations are free.
Want to Do It Yourself? If you want to do it yourself, you should still contact a lawyer and take advantage of the free case evaluation. Get your claim going in the right direction with a free legal consultation.
