Legal Question in Personal Injury in Washington

A second opinion

I was involved in an auto accident and recieved personal injury as well as damage to my car. It was a chain accident and the person who hit me gave false information, he is not insured. My attorney wants to recover damages through my underinsured motorist coverage and forget about the guy who hit me and caused the chain accident. I asked if my insurance would increase and he said no. I would like a second opinion about my case.


Asked on 1/04/02, 9:02 pm

1 Answer from Attorneys

Sam Hochberg Sam Hochberg & Associates

Re: A second opinion

The advice you received is generally what I tell my clients in similar circumstances. As I understand it, though, you really can't control whether your rates will go up. Theoretically, to the extent that the accident was NOT your fault, your rates *shouldn't* go up. They might, though, but probably only if you KEEP getting into accidents that aren't your fault. There's not much you can do about it anyway -- and even in the very unlikely event that your rates DO go up, the settlement you get will USUALLY much more than compensate the additional premium.

If you really want to "go after" the uninsured guy, ask your lawyer about suing him in small claims court for any damages your uninsured motorist coverage or collision coverage didn't cover -- such as deductibles. It's important to coordinate that with your lawyer, since what you do in small claims CAN, in some circumstances, preclude the main claim, and vice-versa. I don't KNOW WA law on the matter, so check it out first with your lawyer. Good luck!

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Answered on 1/04/02, 9:46 pm


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