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Washington Car Accidents Questions & Answers
4 Answers | Asked in Car Accidents and Personal Injury for Washington on
Q: I need advice on starting negotiations for my pain and suffering settlement because of a car accident.

Arbitration determined the other party was 100% at fault. dash cam footage shows the driver turned sideways on the freeway right in front of us. My husband was driving, I was in the front passenger seat and our 13 month old daughter was in the back in her carseat. We all went to the ER, but not via... View More

Justin Mishkin
Justin Mishkin
answered on Jul 21, 2021

Good morning. My answer will be general in nature. The demand amount would typically depend on the specific facts surrounding your case. It appears you , your husband and your child may all have claims. Since the child is a minor, there may be additional consideration in making the demand.... View More

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1 Answer | Asked in Car Accidents for Washington on
Q: Insurance doesn’t cover auto loan in settlement of accident. No gap insurance. Can i sue the other party for remainder?

I’m not at fault, other party is at fault. Can i take other party to small claims for the remaining value of my auto loan?

I owe $29k on loan, settlement is $21k. Can i sue for remaining $8k?

Steve Dashiak
Steve Dashiak
answered on Mar 11, 2021

In terms of a total loss vehicle settlement, you are entitled up to the fair market value of your vehicle. You're not entitled to anything more than that - meaning you are hosed if you didn't buy gap insurance. It's a hard lesson. It's possible the same dealer will let you roll... View More

2 Answers | Asked in Personal Injury, Traffic Tickets and Car Accidents for Washington on
Q: I was in a car accident in my mother's car. I was not injured my girlfriend is a little sore and banged up.

I'm just wondering if I should obtain a legal services

Steve Dashiak
Steve Dashiak
answered on Mar 9, 2021

More information would be needed to fully answer this.

The most critical question here is: were you at fault for the accident, or was someone else?

Other critical questions include:

- does the at-fault party have insurance

- do you have liability insurance...
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2 Answers | Asked in Personal Injury and Car Accidents for Washington on
Q: My brother in law got ran over what are his options? He developed health problems that doctors can't diagnose

The responsible driver ran him over and hit multiple cars. We are not sure what types of compensation he is eligible for, and we do not know if a DUI test was performed on the responsible driver. The responsible driver only has liability insurance. What type of lawyer should he get?

Stan Glisson
Stan Glisson
answered on Feb 11, 2021

He should talk to a personal injury firm, but ideally one that also does some criminal / DUI work.

They will be able to pursue maximum compensation for him, and also guide him through the criminal process and obtain information for him so he understands how the case is being handled on the...
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1 Answer | Asked in Products Liability, Car Accidents and Collections for Washington on
Q: My rental car was stolen while I had the keys on me and now I'm being asked to pay for the vehicle. Is that right?

I was originally told I wouldnt be held responsible since I was in possession of the keys

Steve Dashiak
Steve Dashiak
answered on Jan 6, 2021

I'm sorry that happened to you. The process here will be dictated by the contract with the rental car company. Assuming you have insurance, the worst case scenario is you've got to pay the deductible for your own insurance company.

1 Answer | Asked in Criminal Law and Car Accidents for Washington on
Q: Can you obtain you Discovery File ?
Tim Akpinar
Tim Akpinar
answered on Sep 8, 2020

A Washington attorney could advise best, but your question remains open for three weeks. You post under two categories, which could either mean (1) nothing if it was an oversight in selecting categories, or (2) it could mean the car accident you describe has a civil component and a criminal... View More

1 Answer | Asked in Car Accidents and Civil Litigation for Washington on
Q: Can i sue if someone stole my keys to mycar and crashes and i had no insurance

I sold car to my neighbor two days prior to him crashing it....but the title was never changed...theres a police report saying he was driving

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2020

A Washington attorney could advise best, but your question remains open for two weeks. It could depend on who the legal owner of the car was at the time of the accident. It could hinge on proof in the form of documents for the sale of the vehicle. Good luck

Tim Akpinar

1 Answer | Asked in DUI / DWI and Car Accidents for Washington on
Q: Are you able to have copies of your Discovery File ? When is the latest you can fire a attorney? Grounds on firing ?

Present attorney has no witnesses.

Has had 4 years to get any info on clients behalf .

Was tested and given her rights at hospital while under drugs . Client answered questions she didn’t even know she was asked . All info was taken will client was out of it in hospital after surgery.

Stan Glisson
Stan Glisson
answered on Aug 20, 2020

Good questions.

Can you have a copy of the discovery from your file? There is actually a law that severely limits your lawyer's ability to just give you a copy of your file. It may be possible, but may require some redactions. Ask your lawyer about your particular case. You can also...
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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Washington on
Q: Is a commercial driver who kills a pedestrian while driving on a suspended license usually issued a citation?

My son was struck and killed by a commercial truck whose driver's license was suspended in "the 3rd degree". My son was a pedestrian, and granted he was no in a crosswalk. But shouldn't the driver of the truck at least have been issued a citation for driving on a suspended... View More

Tyler Young
Tyler Young
answered on Jul 31, 2020

I am so sorry about your son. I just became a dad and can't imagine how difficult it would be to lose a child.

What the police or prosecutors decide to do to the driver of the truck criminally has minimal, if any, impact on your potential wrongful death claim. I've seen dozens of...
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1 Answer | Asked in Car Accidents for Washington on
Q: Can I take someone to small claims court for driving and damaging my car?

They drove my car while under the influence 2 months ago but no evidence of under influence but I didn’t know they were, and now my car is damaged, the front bumper piece is coming off it’s 1800$ in damage

Stan Glisson
Stan Glisson
answered on Jul 30, 2020

Sure you can, if you can demonstrate that he or she is responsible for the damage. If you are interested in small claims court, here is a link to the Kitsap District Court's information page about small claims:

https://www.kitsapgov.com/dc/Pages/SMALL-CLAIMS-FORMS-AND-INFORMATION.aspx

1 Answer | Asked in Animal / Dog Law, Car Accidents and Small Claims for Washington on
Q: Dog sitter threw a party at my house ran over our dog, then moved the body to a different street to hide the evidence.

We hired a dog sitter to watch our house and dogs. They threw a party and someone hit the dog. They pulled the hose from our house, which we had put back before our departure, and washed blood from our driveway. The hose was left strewn across our yard. At this point the we don't know if the... View More

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 17, 2020

I am so sorry to hear this! That is horrendous. You can file a police report for animal neglect/abuse/cruelty (depending on your local laws) and also tampering with evidence. You can also sue this person for negligence, breach of contracts, conversion, trespass to chattels, and possibly other... View More

1 Answer | Asked in Car Accidents, Civil Litigation, Insurance Bad Faith and Personal Injury for Washington on
Q: Does res judicata and/or collateral estoppel apply to a small claims judgment?

If a plaintiff succeeds in small claims court and receives a judgment, can the loser (defendant) later file a lawsuit in King County Superior Court over the same matter? This involves an auto accident in which each party blames the other. The matter was heard in King County District (Small... View More

Tim Akpinar
Tim Akpinar
answered on Jun 28, 2020

This is something a Washington attorney should advise on, as it involves state court practices. But your question remains open for three weeks. As a GENERAL matter, it's unlikely that a suit would be filed against you if the matter stems from the same claim/controversy and involves the same... View More

4 Answers | Asked in Car Accidents, Civil Litigation, Libel & Slander and Personal Injury for Washington on
Q: A friend who is 17 of my daughters was driving her car and began excessively speeding real fast and there were 5 people

In the car and they all were pleading with him to slow down over and over but he refused to listen and he flipped the car and my daughter almost died and her friend was also hurt is it his responsibility to pay for damages?

Robert C. Hahn III
PREMIUM
Robert C. Hahn III
answered on Jun 16, 2020

I'm a Washington lawyer not an Oregon lawyer. The laws are likely different between the states. But you should go consult with a personal injury attorney in the state the accident took place as soon as you can, even if it is just over the phone. Your situation will likely have multiple... View More

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1 Answer | Asked in Car Accidents for Washington on
Q: I just got full coverage insurance on my car 2 days ago. Will my insurance cover damage on my car that I caused today?

I was trying to park in an awkward spot in my driveway and scraped up against my retaining wall. There is a dent and some deep scratches to the metal on my rear passenger side door.. I have full coverage. Will it be covered if I pay my deductable?

Tim Akpinar
Tim Akpinar
answered on May 31, 2020

It should. Some carriers use midnight as a starting point, some commence immediately, but whatever the basis for activating coverage, a policy that began two days ago should be good. You should be able to see effective date of coverage on your insurance ID card. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents for Washington on
Q: What should I do when someone with no auto insurance hit my car?

My car was parked at my apt parking lot and we just got contacted by our apt office that our car got hit by someone. They gave us contact # of that person. When we contacted, he says he does not have insurance and he just started working. But also, he says he would like to pay for the damage if we... View More

Stan Glisson
Stan Glisson
answered on Apr 29, 2020

If you have insurance that would cover it, you could make a claim through them.

If not, you have some options. If he doesn't pay, you can report him to the DOL for an uninsured accident, and they have the power to suspend his license if he doesn't compensate you. Also, if he left...
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1 Answer | Asked in Car Accidents, Small Claims, Federal Crimes and Military Law for Washington on
Q: I was hit by a military cop and need to file a tort claim for damages to my vehicle. Who do i file the claim with in wa?

I thought i was being pulled over so i pulled over and got rear ended by a JBLM MP who was responding to another call looking at his computer. I live in wa state.

Peter N. Munsing
Peter N. Munsing
answered on Apr 24, 2020

If you were injured contact aWashington State Assn for Justice member member in the county where it happened--they give free consultations. If it's just damage to the car, if you have collision run it through that, let them deal with it. Start by getting estimates, and the base JAG corps... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Washington on
Q: My repair shop told me the law prevents them from accepting cash for my deductible payment. Is this true?
Peter N. Munsing
Peter N. Munsing
answered on Apr 23, 2020

Check with the insurance commissioner. If the wreck wasn't your fault, the other person should be paying.

2 Answers | Asked in Car Accidents for Washington on
Q: How much does a personal injury lawyer cost?
Stan Glisson
Stan Glisson
answered on Jan 30, 2020

Most of the time a personal injury lawyer gets paid from the recovery they get for you from the person who injured you. Standard fee is a third of the recovery, but different cases can result in different fees. Usually the recovery comes from the other side's insurance.

In my...
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2 Answers | Asked in Car Accidents and Insurance Bad Faith for Washington on
Q: Broke ankle exiting truck, off work 12+ weeks. Filed claim for lost wages. Insurance denied citing a case and stating:

"Washington State law states that once your vehicle is parked it is no longer considered to be an automobile". Next step to contest???

Kevin R. Richardson
Kevin R. Richardson
answered on Jan 8, 2020

You likely have a Labor and Industry claim, but you need to provide much more information. The best response is to call an attorney and set up an appointment to speak about the specific facts of your claim. Most law firms, including our own, provided no-fee consultations. Feel free to reach out... View More

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1 Answer | Asked in Car Accidents for Washington on
Q: My car was in an accident (not our fault) insurance company fixed but there are still issues with the car

we found out the the back frame was bent but the repair place missed it. State Farm is denying our claim because they say that any accident could have caused it. However (with a Car Fax) our vehicle has only been in one accident. The one that they were in. what is my next move?

Peter N. Munsing
Peter N. Munsing
answered on Dec 18, 2019

Ask the shop to formally request a supplemental. If it's denied file a complaint with the state insurance commissioner. If the adjuster didn't do an on-the-lift inspection but just a walk around that wouldn't show the frame.

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