What Steps Should I Take If I Have Been Injured In An Auto Accident?
If you’ve been injured in an auto accident, don’t sign anything and don’t agree to give a recorded statement. Be sure to document everything, including the other person’s name and insurance information. Also, if you have any sense you may have been injured seek medical attention immediately. If possible, capture a photo of the police report. The early stages of a personal injury case are all about making sure you have all of the necessary information.
What Is Contributory Fault? How Can It Impact My Auto Accident Case?
In the state of Washington, contributory fault comes from a statute that was enacted in the mid-1980s. In essence, it means that if you were partially responsible for causing an injury to yourself, then the jury would be asked to determine what percentage of fault should be allocated to you and what percentage of fault should be allocated to the third-party defendant.
What Is The Statute Of Limitations For Filing An Auto Accident Claim In Washington?
The basic statute of limitations for a personal injury claim in Washington is three years. If the injured person is a minor or incapacitated, then the statute of limitations may be extended.
What Is A Gap In Care? How Can It Impact My Personal Injury Claim?
A gap in care refers to a period of time when a person stops receiving medical care for an injury. Although gaps in care should not affect a personal injury claim, insurance companies latch onto them as evidence that the injury or the care received for the injury is unrelated to the accident.
Should I Notify My Own Insurance Company Of An Auto Accident?
You should notify your own insurance company of an auto accident. The quickest way to get property damage covered is going to be through your own insurance company. Your insurance company will then seek recovery from the at-fault party’s insurer. Whether or not you should notify the other party’s insurer will depend on the circumstances of the accident. Very often, it’s a way to get recovery even without a lawyer, particularly for minor claims.
What Defenses Do Insurance Companies Use To Avoid Paying Out On Injury Claims?
One common defense used by insurance companies is that the injured party was at fault for their own injury. Arguing that there was a failure to mitigate on the part of the injured party is another defense. For example, if they can find evidence in the medical records that a doctor suggested that the injured party seek some other kind of care or additional treatment and they failed to do so, then they will use that to argue that the injured party failed to mitigate their own damages.
What Should I Do If I Am In An Auto Accident And The Other Party Is Uninsured?
If you’ve been in an auto accident and the at-fault party is uninsured, then hopefully you had the foresight to pay for your own underinsured or uninsured motorist coverage. This type of coverage is meant to cover claims in the event that the at-fault party has insufficient insurance. I highly recommend everyone carry this type of coverage.
For more information on Auto Accident Claims In Washington, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (360) 323-2885 today.
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