Washington Injury Lawyer Blog

So you have comprehensive coverage that provides coverage in the event your car is stolen. Your car is stolen by some juveniles that went on a long joyride until caught by police. During the course of the theft and their joyride, the engine blows and the car is now a total loss. Your insurance company simply pays you for the value of your car, right? Well, no.

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.

Posted by John Williams | Permalink | Email This Post

Posted In: Insurance , Insurance Bad Faith

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Insurance agents have the remarkable ability to know very little about the product they are selling, or at the very least seem to do a poor job of explaining coverages to their customers. Yes, I know that there are good agents out there, I have one of them at PEMCO in Seattle, but unfortunately that isn't always the case. One of the biggest misconceptions is that if you are in an accident that isn't your fault, the other persons insurance company will pay for your medical expenses. Well, this is half true. When the other persons insurance company settles the claim with either you or your attorney, the settlement will include your medical expenses. But that doesn't help you if you do not have the ability to pay for necessary medical care now. So what's the answer? PIP

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.

Posted by John Williams | Permalink | Email This Post

Posted In: Car & Truck Accidents , Insurance

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When you're in a car accident and you are injured by the negligence of another driver, they (or in most cases, their insurance company) will pay for all of your damages including medical bills, right? While that's technically true, this answer fails to address the complete picture.

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.

Posted by John Williams | Permalink | Email This Post

Posted In: Insurance

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So let's say you're driving into Seattle and unfortunately someone behind you is paying more attention to their Blackberry than driving, and rearends you. You're injured and need medical care, but at least you have Personal Injury Protection (PIP) which will take care of your medical bills. Did you know that in some circumstances you have to reimburse your insurance company for any payments made under PIP coverage? That's right, you pay them a premium, they provide PIP coverage, and then you pay it back.

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.

Continue reading "What's Subrogation?" »

Posted by John Williams | Permalink | Email This Post

Posted In: Insurance

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We all know that Seattle is a dangerous place to drive a car, or especially be a pedestrian. While Washington's new cell phone law is a start, a very SMALL and almost useless start in my opinion, there are still many distracted driver's out there that don't see other cars, trucks or pedestrians. And if you drive a motorcycle, you probably feel that there is some cloaking shield around you that makes you and your motorcycle invisible! If driver's can't "see" a SUV, they certainly won't see you on your bike.

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.

Posted by John Williams | Permalink | Email This Post

Posted In: Insurance , Motorcycle Accidents

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I usually receive a blank stare when I ask if someone has PIP coverage, but it's a very important and fairly inexpensive coverage on your automobile policy. PIP coverage has to be offered to you when you obtain an automobile insurance policy and has to be rejected in writing if you do not want the coverage. PIP is generally available with limits of $10,000.00 or $35,000.00.

PIP will pay for accident related medical expenses, wage loss (up to a maximum amount per week set by the policy), and necessary household expenses such as house cleaning and yard services. PIP is no fault coverage, which means it is available to you regardless of your fault for the accident. PIP is especially important if you do not have health insurance, otherwise, obtaining medical care in the event of an auto accident is very difficult.

Perhaps the biggest misconception regarding PIP coverage is that is really isn't needed if you aren't at fault for an accident, since the other insurance company will pay for your medical expenses. While this is technically true, they have no obligation to pay as you incur your treatment which is critical. Their only obligation is to pay for your damages either through settlement or verdict, after you have incurred your medical expenses.

If you do not have PIP coverage or simply don't know if you do or not, contact your insurance agent and have it added. It's costs very little so you get a lot of bang for your buck if you ever need it.

Posted by John Williams | Permalink | Email This Post

Posted In: Insurance

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