Legal Question in Personal Injury in Washington

Rear ended

I was rear ended while stopped a year ago, I have been told by both my insurance and the at fault insurance that I would only be able to recover 25K from the at fault and that I would have to recover any more from UIM of mine. Is there any way to know whether the insurance companies are trying to pull the wool over. I still have problems from the accident that I will have for the rest of my life. I am getting ready to settle but I dont want to get cheated.


Asked on 6/27/01, 1:47 am

2 Answers from Attorneys

Robert Kornfeld Robert B Kornfeld, Attorney at Law, Inc., P.S.

Re: Rear ended

Yes, there are ways to tell but you would probably need to retain a lawyer who will contact the carrier and will find that information out. I doubt they will try to mistate a fact and lie to you as there would be dire consequences for the insurer under the WAC regulations in Washington.

Call me if you would like individual advise.

Rob Kornfeld

1800 282 4878

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Answered on 6/29/01, 2:27 pm
Sam Hochberg Sam Hochberg & Associates

Re: Rear ended

There are a number of safeguards that personal injury lawyers use to be sure that the insurance limits are the limits of what you can get. For example, if I have a case that has value well in excess of available insurance, we run an asset check of the party at fault, and see if they have significant personal assets. If they do, we don't accept the insurance, since doing so would usually preclude us from subsequently pursuing the defendant's personal assets, or from pursuing any other possible defendant.

It is also possible that another party shares some fault in your case, as in the case of an employee driving a personal vehicle for company business, where the company would ordinarily have vicarious liability as well, and additional corporate insurance. The same reasoning for vicarious liability can sometimes apply even if the driver is running an errand for another person.

In order to accept anyone's policy limits, I usually insist that the representation as to the amount of the limits be put in writing, and that I receive a copy of the declarations sheet of the policy as well. Your best bet is to run this all past a lawyer in person or on the phone, and not just an email. There are too many questions that should be asked about your case to rely on this information alone.

Good luck to you,

Sam Hochberg

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Answered on 6/29/01, 10:11 pm


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