Washington Car Accident Legal Questions

The police can make a determination based upon what information they gather at the accident scene. There may be some comparative negligence on the part of the other driver. The insurance company determinations are only for the purpose of what they will pay and are binding upon no one but themselves. You are at fault for making a left turn when it was unsafe to do so even though the other vehicle was speeding you could not enter the street until you saw that it was clear to do so. You will not have to pay for the cost of the emergency vehicles coming to the accident scene. There normally is a set amount for each type of traffic violation, you should be able to look it up in the penal or vehicle code or contact the local traffic court clerk to find out ,what that amount is. At the initial hearing you can request a trial to try to get the fine reduced, but it would not be done so on the basis that the other driver was somewhat at fault. The ticket does not have to be given to you at the accident scene, especially because the officer probably had to go to the hospital to speak to the other driver and passengers so could not give yo the ticket then.... Read More

I'm not sure what your question is but you are entitled to be reimbursed for your time loss including "paid time off". You wouldn't have had to use that but for the accident. There are just too many issues to address on this response. I would highly recommend consulting with an attorney. Most personal injury attorney's will not charge you for a consultation.  ... Read More

It is difficult to answer this question without more information. How serious are your injuries? Do you have underinsured motorist coverage? How much are your medical bills? Did you have Personal Injury Protection on your auto policy? If did and they have paid your medical bills, they may ask you to pay them back out of the $25K. If you are not fully compensated by the $25K you do not have to pay them back. I would highly recommend consulting with an attorney about this matter. 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 More

It sounds like the third party carrier wants to know if you had any pre-existing conditions that were similar to the condition you are claiming was caused by the accident. If you did not have a similar pre-existing condition it would help your case if you can send them records showing you didn't. I would limit the records to one year before the accident. If you had no treatment during this period, I would tell them that. If they still won't settle, I would consult with an attorney. Under no circumstances would I sign a medical authorization. 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 More

This is probably not a case for small claims court. With these complicated facts you should consult with an attorney. Someone need to investigate who really has the title and if that title is legal. If it's just a matter of getting a legal title an attorney should be able to do this for you in a short time. When you say the "insurance company won't pay you for the loss or damages" whose insurance company are you referring to? If it was your insurance company they would have to pay you.... Read More

First, you want to make sure you contest the ticket. Then you might want to talk to an attorney who handles traffic infractions about defending you. If you beat the ticket you have a better chance of convincing the other party's insurance company it was their fault and should take care of the property 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 More

It does not make you automatically at fault. However, it does diminish the value of your testimony, because it could be argued that you were not in full control of your senses, due to the booze. You did not tell me whether or not your blood alcohol level was high enough to be considered legally drunk, or impaired, or talk to a personal injury lawyer.... Read More

If the car had comprehensive or collision insurance, the insurance should pay for the damages. If not, your brother would be responsible for the damages. You can't be sued for his negligence. Your understanding that the person who is on the vehicle policy who knowingly allowed someone else to drive their car is liable for the cost of damages under insurance is incorrect. 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 More

If there is a disagreement as to the amount of damages a lawsuit can be filed and the court (or jury) will decide the issue. If the injured party rejects a policy limit offer from your insurer and the matter goes to trial, you would be personally responsible for the excess awarded by a jury or judge. In other words, you would be responsible for any amount in excess of your $25K policy limits. If the injured party has underinsured motorist coverage, there is a good chance that party would accept your $25K limits and proceed against his/her own company for the excess. 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 More

If you your vehicle had comprehensive or collision insurance, you can have your company pay for the damage and they will pursue the guy who hit your car to collect what they pay out. If you don't have insurance and the damage is under $5000, you file a claim in small claims court. If it's over $5000 you will probably need to speak with 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 More

First, unless this was a family car or you negligently entrusted the vehicle to your father-in-law, you would not be personally responsible for the injuries and damages. Your liability would be limited to your auto policy limits. Your insurance company has a duty to defend you. This includes hiring an attorney for you. If you are sued, that attorney would obtain all the injured party's prior related medical records. 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 More

The answer to this question depends on whether or not the vehicle was a Family Car or the vehicle was negligently entrusted to the son. "In order to fasten liability upon the parents for the negligence of the child, under the family car doctrine, the plaintiff must show that the parents, owned, provided, or maintained the automobile in question, and that it was for the general use, pleasure, and convenience of the family."  Coffman v. McFadden, 68 Wn.2d 954, 958, 416 P.2d 99 (1966). Negligent entrustment would fasten liability if the son were allowed to drive the car knowing he might get drunk. If neither of these concepts apply, the parents would not be liable for the son's accident. If the vehicle is insured and the son drove the it with permission, the insurance should cover the accident. 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 More

The driver of the quad would be liable but your homeowner's insurance (if you have it) may cover 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 More

All siblings do no have to agree to bring a lawsuit on behalf of their mother. It only take one sibling to proceed. That sibling would have to be appointed personal representative for the specific purpose of bring the lawsuit. This is a complicated issue and I would hightly recommend speaking 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 More