Legal Question in Appeals and Writs in Washington

auto accident

how do i find out what my legal rights after an auto accident has accrued that i was not at fault for when an insurance agency is trying to settle with me and i am not sure what the settlement should be coving and how do i come up with a fair dollar amount to be shooting for?


Asked on 1/02/04, 2:26 pm

1 Answer from Attorneys

Matthew King Wershow & Ritter, Inc. P.S.

Re: auto accident

Your legal rights (with your relationship with you insurance company) are essentially embodied in WAC 284-30-320, but other cases also address this issue. With respect to the at-fault party's insurance, the same general duties exist, but you cannot sue their insurance company directly.

What the settlement covers is an important issue. You need to make sure that your understand what you are being compensated for and what you are not being compensated for. Once you sign a release, you are usually barred from suing the at fault driver. (There are some exceptions to this rule, and I recommend that you contact counsel to determine your legal rights in this situation.)

As far as the value of the personal injury claims go there are several general categories of damages: medical bills, lost wages, property damage and pain and suffering.

The medical bills, lost wages and property damage claims are usually set by the service providers. Occasionally an insurance company will have a preferred body shop that will provide the same service at a discounted rate.

There is no fixed yard stick as to pain and suffering and you should consult an attorney to evaluate your claim.

Another resource is Northwest Jury Verdicts, which provides reports of verdicts and settlements of personal injury claims. While these are not proof positive of the value of a claim, they may give a range which your claim can be evaluated within.

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Answered on 1/02/04, 2:44 pm


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