Legal Question in Insurance Law in Washington

Consumer rights from there insurance company

My girlfriend got in an accident last Friday, she

was hit on the driver side tire, causing the

entire front wheel axel to fold underneath the car

rendering it totaled. The other driver that hit

her, had the stopsign, and either ranned it or

gunned her car from her stop. This is the tricky

part, they both have the same insurance company

aka:conflict of interest 1 They keep changing

there minds about the apprasial rate by thousands

of dollars. What are my rights, as a consumer

this story has so much more twists and turns.

Help, ple


Asked on 2/11/99, 1:19 pm

1 Answer from Attorneys

Steven Murray Steven W. Murray, APC

Re: Consumer rights from there insurance company

You are exactly right - there is a conflict of

interest. Your girlfriend has two claims:

one is under her own policy for collision, and the

other is a liability claim for property damage

and any personal injury against the other driver.

Appraisal is for the collision claim, and her own

company has to treat her fairly - but they are not

required to sacrifice their own interests.

But on the liability claim, if she has a lawyer he

can pursue the property damage claim along with

an injury claim, because a defendant is liable for

far greater property damages (consequentials such as

economic loss, rentals, etc.) than she has

under her own collision insurance coverage. In other

words, the defendant can be sued for many more

kinds and amounts of damage than your girlfriend

can collect under her own insurance policy.

Steven Murray

Steven W. Murray, APC

16055 Ventura Blvd., Ste. 900


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Answered on 3/18/99, 9:40 pm


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