Automobile Accident

Personal injuries resulting from an auto accident can be very serious and the experience itself is oftentimes traumatic. As an auto accident attorney, the focus of the work is on making sure the injured client receives the appropriate medical care and treatment. We will help you take on the insurance company and its negligent driver.

An auto accident can cause life altering injuries affecting one's physical health and in turn, their financial situation. As a result, it is essential to seek out legal counsel to ensure that you are properly compensated. Without help from an auto accident attorney the victim may accrue serious financial burdens from medical bills and lost wages. As an auto accident attorney, extensive legal skills and experience are utilized to ensure those injured receive adequate compensation. We help individuals who have been involved in car accidents by standing up to insurance companies who refuse to honor their rightful claim.

The rights of auto accident victims vary by state. In Washington an at-fault statute states that the party responsible for the auto accident is obligated to pay all related costs. Unfortunately, many insurance companies seek to offer victims the smallest compensation possible. Because many victims do not understand all of their rights and the law, the compensation recovered is substantially less than what it might have been had an experienced personal injury attorney guided them through the process.

The Law Offices of John Baker, PC encourage victims to speak with an experienced personal injury attorney. We are available to you 24 hours a day, 7 days a week to answer your automobile accident questions. Our consultations are completely free of charge. If you cannot come to see us we will come to you. We are dedicated to helping victims of auto accidents receive the restitution they are entitled to.

Protect your rights, contact us today.

Understanding Your Auto Insurance

If you're like most people, you probably don't read much of what your auto insurance company sends you, other than the bill. Should you be involved in an accident, however, it's important that you know what you've paid for and how to take maximum advantage of your insurance coverage.

Contrary to popular belief, there really is no such thing as "full coverage" when it comes to auto insurance. As is true with many things in life, you get what you pay for.

What Coverages are available? What are the limits of coverage?

Liability. Liability coverage protects you or another driver insured under your policy if either of you are found legally responsible to pay for someone else's injuries or loss arising from an accident. This coverage will pay damages for bodily injury and property damage. Bodily injury is broadly defined to include the sickness, injury, or death of another person, and typically includes economic and wage loss as well, provided such losses arise out of a bodily injury. Property damage covers financial losses arising from the damage, destruction, or loss use of another person's property. Since this coverage protects you and your personal assets, it is one of the most important coverages you can buy.
Personal Injury Protection (PIP). PIP pays for medical expenses and wage loss for you and other passengers in your car, regardless of who caused the accident. It also covers pedestrians and bicyclists who are injured in an accident with you. PIP coverage provides for payment of medical expenses, wage loss benefits, burial expenses, and other services such as home nursing care and domestic help during recovery from an injury. PIP benefits are limited by a maximum dollar amount and for a specific period of time, whichever comes first. Although you are not required to purchase PIP coverage, it is recommended that you do so, and that you buy the maximum amount available. Despite the trend toward making PIP coverage more available, many insurance companies are becoming increasingly aggressive in restricting payments for treatment they consider "unreasonable" or "unnecessary." For instance, insurers are increasingly likely to attempt to cut off PIP payments before one year when chiropractic care is involved. You may need to talk to a lawyer if your insurance company attempts to restrict your PIP coverage following an accident.
Underinsured Motorist Coverage (UIM). Despite the fact that auto insurance is mandatory in Washington, many people drive without any coverage to fully compensate an injured person.
Underinsured Motorist Coverage (UIM) covers you, members of your household, and other people riding in your care against damage caused by an uninsured or underinsured motorists. This coverage also extends to you or members of your household who may be injured by an uninsured / underinsured motorist while you are a pedestrian or riding a bicycle.

That's why it's important, if you experience an injury or loss caused by a driver who is uninsured or underinsured, to have your own UIM. UIM coverage is considered so important that the law requires insurance companies to offer it to all customers.
Collision. Collision coverage pays for damage to your vehicle from an accident or collision regardless of who may be at fault. Collision coverage pays for repair or replacement of a vehicle, up to the fair market value of the vehicle, subject to a deductible which may range from $100 to $500.
Comprehensive. This coverage protects your vehicle from damage caused by fire, theft, vandalism, weather, glass breakage, and contact with an animal. Note, however, that this coverage usually does not cover such items as CD's or after-market stereo systems. These items can be added by specific endorsement.
Other insurance options. Other coverage which is typically offered includes towing and car rental. For a small additional cost, these services are usually worthwhile.

Who is covered by your policy?

Named insured. Generally, it is wise to have both a husband and wife listed as named insureds because under some policies there is broader coverage for named insureds than for other persons insured under the policy, such as non-spousal family members or residents of the household.
Other insureds. Although a policy usually only has one or two named insured, there can be a limitless number of other insureds under a policy. The language of the policy tells you who the other insureds are. Family members of a named insured are generally considered as insureds under the typical automobile insurance policy. There may be limitations, however, requiring the family member be related by blood, marriage, or adoption and a resident of the same household as the named insured. Children temporarily away at college are usually covered under their parent's policy. Unmarried co-habitants are usually not considered members of the same family.
Coverage is also normally extended to anyone who uses an insured vehicle with the permission of a named insured as long as their operation of the vehicle is within the scope of the permission at the time of the accident.

What vehicles are covered by your policy?

Newly-acquired vehicles. If you buy a new vehicle, it is generally covered under your existing insurance, provided all of your vehicles are insured by the same company and you add the vehicle to your policy within 30 days of the date you acquire it. You will have only the same coverage as with your existing vehicles so it is important that you consider adding additional coverages such as collision when you trade in an older vehicle for a newer one.
Temporary substitute vehicles. This coverage can vary greatly. Generally, a vehicle that is temporarily being used because of a breakdown or servicing of an insured vehicle will be insured under your policy. A rental vehicle will often - but not always - qualify as a temporary substitute vehicle. Be sure to check your policy for what coverage applies to your use of a rental car. Also, remember that vehicles which are provided to you for your work by an employer are almost never covered under your personal policy.

Duties After An Accident

If you are in an accident involving injuries or property damage, there are basic guidelines you should follow. These steps will help you avoid hassles with claims adjusters, and assist you in obtaining fair compensation for your injuries and damages.

If you are injured, obtain medical treatment. Go to the nearest hospital emergency room or to your personal physician. An injury, if untreated, may become substantially worse. If you fail to seek treatment, or delay in obtaining medical attention, an insurance adjuster may suspect that you are not genuinely injured and discount your claim.
Assist the injured. If someone is seriously injured, call 911 or the police and tell them an ambulance is needed. Make the injured person as comfortable as possible, but do not move him or her unless it's absolutely necessary to avoid further injury.
Insist on a police investigation and report. In many cases, there are no witnesses and you and the other driver may have conflicting versions of how the accident happened. If you do not request a police investigation, you may seriously damage your chances of obtaining full compensation, or may be blamed for an accident that is not your fault. Police are not required, however, to do a report when there are no injuries and none of the vehicles involved has more than $500 of property damage. They are also not required to prepare a report if the collision occurs on private property such as in a parking lot.
Do not move your vehicle while waiting for police to arrive. Unless your vehicle poses an immediate hazard to other traffic, it is important that you leave it in the same position that it came to rest after the accident. Ask the other driver not to move his or her vehicle until the police arrive. The single most important piece of evidence that the police officer has for determining fault is the position of the vehicles after the accident.
If you are injured, tell the police officer. The first record of your injuries will be contained in the investigating officer's report. If you fail to mention to the police officer that you were injured, it may create suspicion in the mind of the insurance adjuster (who will ultimately evaluate your claim) that you were not hurt. Ordinarily, the officer will ask if you are injured. However, if the officer does not ask if you are injured, or assumes that you are all right, let the officer know immediately of any injuries.
Obtain names and telephone numbers of eyewitnesses. Often, by the time a police officer arrives at the scene, witnesses to a collision are gone. Therefore, it is very important for you to identify any witnesses and write down their names, addresses, and telephone numbers.
File your accident report when required by law. You are not required to file an accident report when the collision is investigated by a law enforcement officer who files a report. You may, however, file your own report if you wish or if you disagree with details reported by an officer. Your report, which is filed with the Washington State Patrol in Olympia, must be sent within four days of the accident.
If you have a serious injury, do not try to settle your own claim. If you have suffered a serious injury requiring follow-up medical attention, you should consider hiring an attorney to represent you. An experienced personal injury attorney will generally make sure that you receive the compensation that is due you, usually more than you will be offered in settlement by an insurance adjuster, even after attorney's fees are paid.
If you choose to accept a settlement for your injury without seeking legal representation, you may receive a settlement that does not fairly compensate you for permanent injuries and damages. Once a claim is settled, it can never be reopened. The best rule is not to sign a release for at least six months following an injury. If you're uncertain about whether to settle, talk to an attorney who handles personal injury cases. Most attorneys handle injury cases on a contingent-fee basis, meaning there is no charge unless they recover compensation for you. You are responsible for out-of-pocket expenses, called costs, advanced by your attorney. There is usually no charge to review your claim with an attorney.
Report your loss to your insurance company, but do not give a statement to the other driver's insurance adjuster. The odds are that a claims adjuster for the other driver will be assigned to your claim before you have been able to retain an attorney. This may occur within one or two days of the accident. The adjuster will request permission to take a recorded or written statement.
If you are considering hiring an attorney, you should not give a statement to an insurance adjuster for the other driver. Statements made can seriously prejudice your case without your knowledge. Instead, tell the adjuster that you have decided to hire an attorney, and instruct him or her to refer all further questions to your attorney.

Your time for making a claim is limited by law.

Law Offices of John Baker serves the following areas throughout Washington: Seattle, Bellevue, Redmond, Kirkland, Issaquah, Kent, Renton, and the Greater Seattle Area.