Washington Car Accident Legal Questions

A lawyer may withdraw from a case for "good cause" if the withdrawal can be accomplished without material adverse effect on the interests of a client.  The Rules of Professional Responsibility require that the attorney  allow time for the employment of other counsel (See RPC 1.16). 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 are in an auto accident that is someone else's fault you cannot sue the at fault party's insurance company. A lawsuit in a case like this would have to be brought directly against the at fault party. The collection agency has apparently taken an assignment of the insurance company's alleged claim against you. It is important that you defend yourself against any action the collection agency might take against you. They should be notified in writing that you believe the accident was not your fault. If you do nothing, it is likely the state will suspend your license. It is highly recommended that you contact an attorney for further advice and possible representation. 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

There is no cause of action against a third party's insurance company in a case like this. Unless the third party was given a continuance by the court he has to appear for the hearing. If he doesn't you may be able to obtain a default judgement. If you do, you can then present that to the third party's insurance company. 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

The statute of limitations for an auto accident in Washington State is 3 years from the date of the accident. Special rules apply in measuring the statute of limitations when a child is injured, in which case the time does not begin to run for an injury until the child reaches 18 years of age. These special rules may also apply to people who are mentally impaired or who leave the state for particular kinds of reasons such as for military service 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

An experienced personal injury attorney can help you. You can find one using on line services like Lawyers.com. Look for an attorney who's practice is limited to personal injury. 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

Generally, if the driver of a vehicle is at fault for an accident, that driver is liable for the damages he or she causes. There are, however, exceptions to this rule. For example, if the owner of an auto lets someone use the auto knowing that person is a bad driver, the owner may be responsible under the theory of "negligent entrustment". Another example would be if the auto was a family car. If the vehicle was insured by the owner and the person who borrowed the car was a driving it with the owners permission, the owners insurance may cover any damages caused by the borrower's negligence. 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 the accident was the fault of a third party, that third party is responsible for any injury and damages. If the third party has insurance, that insurance should cover any injuries and damages. If the accident was your fault, and you are specifically excluded from your parent's policy, you are out of luck. 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

The general answer is no. An insurance company can opt to have the car repaired unless the value of repair is 75% of the value of the vehicle. In certain circumstances, however, you may be entitled to the diminished value of the vehicle. The diminished value is the reasonable value of necessary repairs to any property which was damaged plus the difference between the fair cash market value of theproperty immediately before the occurrence and its fair cash market valueafter it is repaired. 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 had Personal Injury Protection (required in WA unless waived in writing) your own company should be paying your bills. This is common insurance company conduct. You should speak to an attorney. 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

A dealership has a duty to disclose any know defect including whether an auto has been in an accident. Provided, however, the dealership has or should have knowledge of same. 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

More info is needed to give a specific answer to this question. For example, why was the car in the brother's possession. Was it sold or given to the brother? Was the auto insured by the husband? Generally, the owner of an auto is not responsible for an accident caused by a permissive driver. In other words, the brother would be solely responsible for an accident that was his fault. There are a couple of exceptions to this rule. One would be if the brother was know to be a bad driver. This is called "negligent entrustment". The other would be if the auto was a "family car". Family Car Doctrine requires that the car is owned, provided, or maintained by the owner as the customary conveyance of family members, and at the time of the collision, is being driven by a member of the family with the express or implied consent of the parent.  Cameron v. Downs, 32 Wn. App. 875, 650 P.2d 260 (1982). Kaynor v. Farline, 117 Wn.App 575 (2003). If the auto was insured by the husband, and the brother had permission to drive the car, the husband's insurance company would be responsible for defending the brother and paying any damages he might be responsible for. 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

A spouse may bring an action for loss of consortium when the other spouse is injured. Loss of consortium resulting from injury to a spouse generally will include recovery for loss of society, affection, assistance and conjugal fellowship, and loss or impairment of sexual relations in the marital relationship. Consortium has been declared a "distinct injury that may be recovered in a separate action."  Lund v. Caple, 100 Wn.2d 739, 675 P.2d 226 (1984). 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 can, but it's much harder to get anything out of an uninsured person, because if they don't have insurance, it's more likely than not they don't have any cash or assets to go after, either. If your insurance company is giving you a hard time about covering the loss, contact an attorney with experience fighting insurance companies. ... Read Answer

Whether or not you could see the color of the light is not a defense. When two vehicles are proceeding in the same direction in on a public highway, the primary duty of avoiding a collision is on the driver of the following automobile.  Izett v. Walker, 67 Wn.2d 903, 907, 410 P.2d 802 (1966).  This is know as the "Following Car Doctrine."  Under the Following Car Doctrine, in the absence of an emergency or unusual condition, the following driver is negligent if she runs into the automobile ahead.  Flaks v. McCurdy, 64 Wn.2d 49, 51, 390 P.2d 545 (1964).  A driver of a following automobile has a duty to keep a distance from the automobile ahead and to maintain such observation that by reasonable care an emergency stop as may be dictated by traffic conditions may be made.  Billington v. Schaal, 42 Wn.2d 878, 259 .2d 634 (1953).  See also Torrez v. Peck, 57 Wn.2d 302, 356 P.2d 703 (1960) (following driver has duty to keep distance sufficient to allow emergency stop); Miller v. Cody, 41 Wn.2d 775, 252 P.2d 303 (1953) (same). 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 are at fault in an auto accident your insurance company settles a claim against you for "all damages" the settlement should include wage loss. In most cases your insurance company will have the injured party sign a release of all claims. The settlement and release would prevent the injured party from making any further claims against you. I would contact my insurance company to find out if there truly was a settlement of all damages and whether or not a release was signed. 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

RCW 46.61.180 Vehicle approaching intersection.   (1) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.(2) The right-of-way rule declared in subsection (1) of this section is modified at arterial highways and otherwise as stated in this chapter. This statute implies the vehicle that enters an intersection first has the right of way. 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

Information regarding filing a small claim in Washington State can be found here: http://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.scc&altMenu=smal   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 person causes damage to another person's auto, that person is required by Washington law to exchange certain information, including name, address, and insurance information. If your vehicle is damaged as a result of another person's negligence you are entitled to take the vehicle  to a repair facility of your choosing.   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

Presuming the questioner meant conclusive rather than inconclusive, an insurance company may determine liability based on whatever evidence they have. There is no requirement the evidence be conclusive. If an insured or third party disagrees with the insurance company's determination of liability they should seek the advice of an attorney. 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

  Before you fire your auto accident attorney and risk delaying your case any further, I suggest that you set up a face to face appointment with your attorney.  During the meeting, review your file, specifically go over the status of your case and ask your questions about the delay, the value of your case and the time to completion.  If you are then not satisfied, then consider changing attorneys or handling the case yourself. The statute of limitations for personal injury cases in Washington State is three years in most situations, however, there are exceptions that can be much shorter or longer. If you fire your attorney, he/she will be entitled to the reasonable value of the services he/she performed on your behalf. If you decide to handle your claim yourself, get educated about what you are up against.  There are many personal injury guides that you can find on line or on Amazon.  My book, "The Seven Fatal Mistakes That Can Wreck Your California Personal Injury Claim" is available from Amazon or free through my website, http://www.bestattorney.com/books.html.  Although written for California, much of it is relevant to what you will be going through. Good luck to you! John Bisnar BISNAR|CHASE, Personal Injury Attorneys Trusted Professionals, Proven Results www.California-Lawyer-Attorney.com 800-956-0123  ... Read Answer

The Washington State Attorney General's office has a website that answers consumer  questions about auto repair rights. It can be found here: http://www.atg.wa.gov/uploadedFiles/Home/Safeguarding_Consumers/Consumer_Issues_A-Z/Cars/AutoRepairBrochure.pdf 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