However, email is a different animal. How many times have you either sent, or been the recipient of an email that was interpreted differently than what the sender intended? In conversations, there is tone and inflection that allow the recipient to clearly understand your mood etc. Are you conveying that you're upset, angry, happy, sad or maybe you're throwing in a bit of sarcasm. Without tone and inflection, it's up to the recipient to fill in the missing blanks, and often they get it wrong. And then you end up attempting to explain that their interpretation isn't what you meant and that they took it completely wrong.
Now lets take those emails (or letters and diaries for that matter) that you sent into your doctor and they are now in the hands of an insurance defense lawyer because you were in an auto accident or otherwise injured due to the fault of another person. Do you think that the defense lawyer can interpret your email to suit his or her purpose? You bet they can. And then you are put in a position where it appears you are either contradicting what you wrote or trying to explain what that email really meant.
I am sure that the ability to email your doctor can be valuable, but be cautious and understand the pitfalls that can occur with that type of communication. Also, remember that this applies to not only email, but any type of written correspondence, even a diary you may keep regarding your injuries.
]]>In a recent unfortunate case, a young man was severely and permanently injured by an airbag. He was a passenger in the car of a friend. Because of the severity of his injury, he and his family were focused on his car and multiple surgeries. However in the meantime and before I was contacted, his friend's car was totaled and sent off to the salvage yard. And unfortunately for his products liability claim for the defective airbag, without the car and without the airbag, there was simply no viable claim to pursue.
So with any products liability claim, please ensure that the product is saved and contact an experience products liability attorney immediately to ensure that all necessary steps are taken to preserve the claim.
]]>Allstate Insurance insured my client for comprehensive coverage, but claimed that the real cause of the engine blowing was her failure to maintain the car. Allstate actually hired an expert to inspect the engine and miraculously come to the same determination. My client’s car did have an oil leak, but she had regular maintenance performed and ensured that the oil level was always correct. After all, the engine never blew when she was driving. In fact, she had her car serviced and the oil changed one month prior to the theft.
The Good Hands people would not budge from their completely unreasonable position, so we were forced to file a lawsuit. Copeland v. Allstate Insurance Co. The lawsuit contained numerous causes of action including bad faith and violations of the Washington Insurance Fair Claims Act. Shortly after filing the lawsuit, Allstate settled my client’s case for roughly 4 times what her actual damages. It is truly unfortunate that lawyers are necessary in order to have an insurance company provide the coverage that their insured has paid premiums for. So much for being in good hands.
It is always important to try and document the accident scene, but even more so if you are driving a motorcycle. Take pictures with your cell phone, ensure that the police are called and if you aren't being taken away in an ambulance, ensure that the officer clearly understands how the accident occurred. Do not assume that the other driver's story matches yours. Unfortunately, too many people get creative after they are in an accident. Be vigilant and hopefully you will never need this advice.
Whether your driving in the Seattle or Everett area, please feel free to contact me with any questions or for advice.
]]>Personal Injury Protection (PIP) is a coverage available in Washington that insurance companies must offer you, and if you reject it, you must do so in writing. PIP is basically health insurance if you are injured in an auto accident. It will pay for your medical bills which are "reasonable, necessary and related" to injuries sustained in a car accident. PIP will also, to a limited extent, pay for lost wages and also household services.
PIP is considered a no-fault coverage which means it is available to you regardless of fault. PIP will pay for your medical bills whether or not you are at fault for an accident. Many clients have expressed to me how it seems wrong that their own insurance company should have to pay for medical treatment caused by injuries from an accident that wasn't their fault. Don't worry, your insurance company will get repaid (subrogation).
If you do not have PIP, please have it added to your policy immediately. It costs very little and is vital, especially if you do not have any health insurance. Even if you have health insurance, consider PIP since it will cover many types of care that may have limited coverage under your health insurance policy, such as chiropractic, massage and acupuncture treatment. PIP is generally available with limits of $10,000.00 or $35,000.00.
If you have any questions regarding PIP coverage or insurance coverage in general, please feel free to contact me.
]]>The at-fault driver's insurance company will pay for your medical expenses, lost income, other out of pocket expenses and general damages (commonly called pain & suffering), but only as a lump sum when your case is settled or a verdict rendered. They do not act as your health insurer and pay for your medical care as you incur those costs for treatment. This is where PIP comes in. When you open a PIP claim under your own auto insurance policy, this coverage pays for your medical expenses as you incur them. Essentially, your auto insurance company acts as a health insurer for injuries related to the car accident. Your insurance company then has a right to get repaid out of your settlement with the at-fault driver.
At the conclusion of your case, we will determine the amount that your insurance company is legally entitled to receive. In most cases, this amount is less than the total amount your insurance company has paid for your medical care. We will do everything we can to ensure that you are fully compensated for all of your losses and damage resulting from the car accident.
]]>When you are looking for a personal injury lawyer, make sure you ask the right questions about their fees, both for settlement and litigation. Also be sure to ask if they charge any "extra" costs. Some attorneys charge a rather steep flat fee for copying and other expenses.
If you have any questions, please feel free to call or email me. John@WilliamsLawPLLC.com.
]]>Caucasian Shepherds are also known as Kavkazskaya Ovcharka and Caucasian Mountain Dog/Sheepdog among other names. This breed is one of the oldest in the world and originally worked protecting livestock on the slopes of the Caucasus Mountains in Russia and Georgia. They are very aggressive and very protective. These dogs were used by the East Germans to guard the Berlin wall and also guard against their own citizens attempting flee.
The Caucasian Shepherd has a vicious temperment, is very powerful and massive, a deadly combination if you are on the receiving end of an attack. Because they are so protective, they will not obey anyone they do not believe are superior to themselves. Usually they will only obey their master. Remember, that regardless of the breed, exercise great caution around dogs that you are not familiar with. A dog bite is a very painful injury, and is usually comprised of not only bite wounds, but very severe tear wounds as well. Knowledge is one of the keys to avoiding this terrible situation.
]]>Ok, it sounds a little counter-intuitive, but it really does make sense. Lets take a couple different senarios. Number 1 - You are injured in a car accident, you use your PIP coverage to pay for your medical care and you do not pursue a claim against the other driver. Maybe you don't want to. or perhaps the accident was your fault. In this senario, you do not have to reimburse your insurance company because you did not receive a settlement from another party. To put it another way, your insurance company does not have a right of subrogation (right of reimbursement) in this case. Lets look at senario Number 2 - You are in a car accident, it's not your fault, you are injured and use your PIP for your medical care. You then settle your claim against the at fault driver. Your insurance company will have a right of subrogation.
]]> Your insurance company has a right of subrogation because part of what you are recovering is the amount of your medical bills. If you didn't reimburse your insurance company you would be receiving double recovery, once from PIP and once from the at fault driver. Double recovery is generally frowned upon...There are situations though, when you are represented by an attorney, when you either do not have to repay anything or if you do, it's a reduced amount. I'll leave those details for a later post.
]]>So what's so great about pictures of the accident scene or damage to the car? Well, without photos, we have to rely on either a police report diagram, statements of the each driver and/or eyewitnesses, if any. Unfortuantely, eye witness testimony is generally not very credible or accurate, and while police officers do a great job, there are certainly times when the police report and diagram miss the mark. And perhaps the most important reason to document the scene of the accident with photos, is that the at fault driver often times leaves the scene and magically creates new facts so he or she isn't at fault. This is just an unfortunate bit of reality.
So, keep a camera with you and protect yourself. Consider it insurance against changing stories and facts.
]]>Both of the pit bulls had to be shot by deputies in order to save Le. The owner of the pit bulls also owned two other pit bulls which were seized. This is a very sad, but at the same time, infuriating situation. While I don't want to stereotype the breed, at least 95% of the dog bite cases I have ever handled have involved pit bulls. This isn't a coincidence. All of these savage attacks have occurred because the owners were completely irresponsible and likely just didn't care that their dog(s) could severely injury or kill a person. These dogs have to be kept in a very secure enclosure.
Last Friday in Moses Lake, a pit bull (imagine that), pushed open a gate to get to Alex Medina. Alex by the way, is 6 years old. Alex was bitten on the face and head before the pit bull was pulled off. Doctors reattached his nose and ears, but he still faces more surgeries. The dog was not licensed and the owner had no record of rabies vaccine.
Ok, so now your motorcycle is a total loss and you have severe injuries and can't work. So how do you pay for your medical bills? If you are in your car, you simply use your personal injury protection (which everyone should have) to pay for your medical bills. But unfortunately, you discover that you do not have PIP coverage on your motorcycle, since no insurance company offers that coverage for motorcycles. While I haven't researched the reason for this, I would guess that the number of severe injuries is significantly higher than for cars and trucks. In addition, while Washington state law requires that PIP coverage be offered on car and truck policies, it is not mandated for motorcycle policies. The backup to PIP coverage is your own health insurance, but if you are among the many uninsured in the state, you could be in real trouble.
Many people are under the impression that the at-fault driver's insurance will take care of your medical bills. While this is technically true, they will not pay for your medical bills as you incur them like PIP or health insurance. Through settlement or a verdict, your medical bills will be reimbursed, but that could be 1, 2 or 3 years down the road. If you ride a motorcycle and do not have private health insurance, I would encourage you to take another look at your transportation options.
]]>There are now alternatives to chemical cold packs which do not use a caustic chemical mixture and are safe. There is always the old standby as well, ice. While not as convenient, ice will not cause a chemical burn that you will have the rest of your life. While I have represented clients who have received chemical burns from these cold packs, no one has ever contacted me because they were injured by ice. Always read the ingredients label, and if it lists ammonium nitrate, put it back and find another option.
]]>The question of who goes first, is set out in RCW 46.61.180:
(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.
So if you and another car reach an intersection at about the same time, the car on the right has the right-of-way. Seems pretty basic, but apparently some drivers didn't pay attention in their driver's ed class. This rule of the road applies to intersections with either stop signs (3 or 4 way stop) or an uncontrolled intersection with no stop signs at all. It is these types of intersections where most of the accidents and injuries occur.
But despite your knowledge of the rules of the road, you must still exercise caution and cannot count on the other drivers knowing the rules. Bottom line is know the rules, but always drive defensively.
]]>You then get home and have a damaged car and potential injuries, but at least the other driver's insurance company will take care of your damages. Then a week later you recieve a letter from the other driver's insurance company that they have completed their investigation and based upon the statement of their insured, have determined that you were at fault for the accident! They also let you know that they will be seeking payment from you for the damage caused to their insured's car. Yes this does happen. It is truly unfortunate, but after a little time to think about the situation, far too many people change their story to avoid an at-fault accident which will cause their insurance rates to increase.
I recognize that the police are not available for every single accident, but if you are involved in an accident, make every effort to have the police show up and write an accident report. In too many cases, it is simply too difficult to prove fault after the fact without a police report. I also recommend that everyone carry some sort of camera in their car and take pictures of the accident scene. Many clients have provided pictures from their cell phones which is powerful evidence that cannot be disputed.
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