Legal Question in Insurance Law in Washington

Three years ago, a youth on a bike ran into my car while I was crossing an intersection at a 4 way stop. I had preceded into a clear intersection when he then entered my path very quickly. I was only gong maybe 5 mph so I was able to stop, but he kept going and he scraped against the front of my car, his bike bending the license plate. Since he fell off the bike after the impact, I called 911. He tried to leave on his bike, but I told him he should let the firemen look at his knee first, so he waited. The police/firetruck arrived, inspected his knee, gave him ice and drove him home stating that he was not injured. I never made a claim to my insurance, because there was no damage. The police wrote up the "accident" and said he was fine. Now, three years later, the young man is trying to make a claim on my insurance. I never reported the incident for reasons I explained above, so they say they will not cover it. Do I need a defense attorney in this situation?


Asked on 6/01/10, 7:39 pm

1 Answer from Attorneys
Sam Hochberg Sam Hochberg & Associates

You probably need an insurance coverage lawyer to try to convince the insurance company to defend the claim. You had good reason not to report it - no damage to your car, and the guy on the bike claimed he wasn't hurt. While you probably should have reported this to your insurer, you had some reasonable basis not to.

I don't know the law on this well, but you need a lawyer who does, and who deals with COVERAGE issues regularly. Try the Washington State Bar or your county's bar association for a referral to a lawyer who handles insurance coverage issues.

By the way, if you've been SUED and served with papers, it is CRITICAL that SOMEONE (preferably a lawyer) files a response to the lawsuit within the short time limits the law provides, to avoid a default judgment against you. You might try my friend MARTY FOX up in Seattle. He's been practicing personal injury law for 30+ years, and if he can't help, he may well know who can. Tell him I sent you.

Best wishes, -- Sam

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Answered on 6/01/10, 11:03 pm


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