Washington Car Accident Legal Questions

It is unethical for an attorney to evaluate a case without a comprehensive understanding of all the damages, especially general damages such as loss of enjoyment, physical pain, mental suffering, as well as mental and emotional distress. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read Answer

Why are you not filing a claim against the party who hit you and forced you into a tree? They are responsible for cost of a rental vehicle for a reasonable period of time and the value of your vehicle if it is a total loss. If you owe more than the vehicle is worth, do you have gap insurance? If the finance company did not offer you such , then thy are responsible for the deficit.... Read Answer

You are not responsible for an accident simply because a vehicle is in your name. The at fault driver is responsible. The attorney knows this. It also sound like you were not served properly. Service by mail, even registered mail is not personal service. You should not have to go to WA state but you should contact an attorney for more specific advice. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read Answer

In Washington State you have 3 years from the date of the injury to make a claim. To pursue a claim, however, you need contact information of the person who hit you. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read Answer

If you can show through your medical providers these conditions were caused by the accident, the person who hit you is liable. Her insurance, if she had any, or any insurance covering her vehicle should take responsibility. If there is not enough insurance, and you have underinsured motorist, you should also make a claim against your insurance company. The statute of limitations on a case like this is three years from the date of the accident. If you do not settle your claim or file a lawsuit within this time frame you will forever be barred from pursuing an action against the at fault party. It is highly recommended you contact an attorney for further advice. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read Answer

I'm sorry you were injured in the automobile accident. In small claims court, you can request compensation for your injuries, including lost wages, damages to your vehicle, medical bills, and for your pain and suffering. In San Diego, where I practice personal injury law involving motor vehicle accidents, small claims court sets a maximum recovery of $7500 for vehicle accidents. There is no magic formula that determines the monetary value of pain and suffering as all injuries affect people differently. However, it sound like you have yet to completely recover and are still experiencing pain. It would be wise to wait until your injuries and pain were completely resolved before filing a lawsuit as you only get one opportunity in court to recover for your injuries. It may be advisable to seek follow up diagnosis and treatment with a health care provider if you are still experiencing pain. After you know the extent of your injuries, you will be in a better position to assess how much compensation to ask for.... Read Answer

 The at fault driver's insurance company's duty is to its insured. Consequently, you cannot sue the insurance company directly. You would have to sue the at fault driver then his insurance company would step in to defend him. Under the circumstances described you should consult with an attorney as soon as possible.  ... Read Answer

Do you have an attorney? What does your attorney advise you as the attorney has all the facts regarding your damages? The value of a claim has lots of factors. Claims typically settle for less than full value because of the risk of having a jury set your damages. Juries can be skeptical of soft tissue injuries. The value of your claim is determined by the extent of your special damages (lost wages, medical expenses, and other specific damages) and your non-economic damages any pain and suffering experienced in the past and likely to be suffered in the future, physical impairment, loss of enjoyment of life, disfigurement and other things suffered by you as a result of the accident. To some extent the severity of the crash plays into the value. Although serious injuries can arise from small impacts that catch you the right way and people can walk away from a crash that totaled their car without any injury. Jurors tend to award more in cases with a lot of mangled metal, even if the complaints of the victims are very similar. Issues of liability play a role in evaluation of a claim. How well the witnesses for each side come across.... Read Answer

Under Washington law you are required to maintain a safe distance behind the car in front of you. That generally means you should be able to stop without hitting that car even if that car makes a sudden stop. Even if you get a ticket off your driving record you may still be found civilly liable for the accident. If you received a letter from an attorney representing a party to the accident you should be concerned. If you have insurance, should immediately contact your insurance company. Under your policy, they have a duty to defend you against any civil action that may be taken against you.  ... Read Answer

Your question cannot be answered without a ton more information on how the accident happened, whose fault it was, the exact nature and extent of injuries and damages, etc. I will say, though, that there is no set formula for injury damages under the law other than they have to be reasonably related the nature and extent of the injuries. It sounds like all of you had relatively minor injuries and you may not need a lawyer. Free info is available on the internet and in libraries on accident law. Take advantage of it. Otherwise, run it by a lawyer familiar with accident law. Good luck.... Read Answer

I don't know your street talk. How do you smog a car? do you know what smog is? you mean the car wont pass environmental standards, is that what this smog stuff is all about? If the man deceived you sue him. If you bought a junker you got junk. If you bought a newer car that was supposed to be OK BY HIS PROMISE, sue him in small claims court if the amount is less than 5000.... Read Answer

Assuming you were not working for a governmental entity (state, county, city, political subdivision) at the time of the accident the Statute of Limitations for automobile accidents in Nebraska is four (4) years from the date of the accident. Therefore, you were sued within the Statute of Limitations as you were sued less than 2 years from the accident. There are different time limitations if you were working for a governmental entity at the time of the accident. As to you last question, "Could you please tell me if they have a right to sue me?" I do not know how to answer this question unless you are again asking about the Statute of Limitations. If you caused the accident and the other driver and her grandson were injured they have the right to sue you. As to statements about injuries and not returning your phone calls that may go to the issue of the nature and extent of their injuries; it does not mean they cannot sue you. You should, if you have not done so already, immediately contact your car insurance company as soon as possible about the lawsuit. They will hire an attorney to defend you. Between the insurance company and your attorney they should be able to answer any additional questions you have.... Read Answer

Whoever causes an accident is at fault. Whether or not a person has insurance is irrelevant to fault. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read Answer

If a third party insurance company decides to total your vehicle, you generally have the option to keep the vehicle but the salvage value of the vehicle will be deducted from the amount they agree to pay (market value). There may be a problem, however, if the insurance company insists on paying the lienholder. You should contact an attorney for further help. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read Answer

You should contest the ticket if it was for anything except driving without insurance. You should also consult a personal injury attorney as soon as possible. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read Answer

Your right to obtain another party's insurance information requires there be at least $700 in damage to your vehicle. If the damage is over $700 you can request the name and insurance info of the person causing the damage. Even if the damage is less than $700 you should still file a collision report. See http://www.dmv.org/wa-washington/accident-guide/ If the person does not have insurance you have the option of filing a claim in Small Claims Court. See http://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.scc&altMenu=smal If you have comprehensive insurance or collision, you can file a claim with your own insurance company and they will pursue the person who caused the damage. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read Answer