The Harper Law Weblog
The Harper Law Weblog offers news, announcements, thoughts and articles on life, law and our practice areas of emphasis.
Auto Accident - Frequently Asked Questions
Posted Monday, August 18, 2008.
Auto Accident
Injuries which stem from accidents occurring on streets or highways require one to make decisions often when one is suffering from shock or experiencing a rush of adrenaline. Be prepared for long-lasting effects from a collision. The highway is a very dangerous place. According to the Center for Disease Control, in a 1999 study, motor-vehicle crashes remain the leading cause of injury-related deaths in the United States, accounting for 31% of all such deaths in 1996
Here are answers to several frequently asked questions after an accident:
If I have been in an accident, what should I do?
The first thing after an accident is to see if anyone needs medical attention.
After ascertaining if anyone is hurt, including your passengers and other drivers, call 911. If you are able to exit your vehicle, and it is safety to do so, get out of your vehicle to assess the accident and vehicle damage. If you have a camera, take pictures of the location of the collision, the vehicles involved in the collision, and anything that would be of value to the investigation of the crash.
Should I move my vehicle?
If possible, wait until after the police have arrived and told you it is okay to move your vehicle. With the vehicles in the same location the officers investigating the collision will have an easier time to determine who is at fault for the collision. Sometimes, if you are on a bridge or spot you may need to move your vehicle to a safe location, if it endangers your or others.
What information should I obtain from other people?
Make sure you get their name, address, phone numbers, e-mail address, and insurance information of all the drivers involved in the collision. Also, try and get the name, address, phone numbers, e-mail addresses from all passengers and witnesses. Also write down the make, model, year, and license plate number of each vehicle.
What if the collision does not appear to be a serious accident?
Typically, the 911 operator will first ask if someone is injured. If not, or if the damage is less than $500, they likely will not come. However, encourage the police to come as it is of great benefit to have an officer write up a report. This creates a record of the collision, and the investigation usually goes much easier with this information already recorded. As one who has just been an accident, you probably will not be thinking about the ramifications of your decisions at the scene. However, insurance adjusters, attorneys, and claims representatives diligent review the facts of the collision. Thus, what you do at the scene if of utmost importance.
After leaving the scene of a collision, what should I do next?
First, notify your automobile insurance company of the collision. If you were injured, seek medical attention. If you have personal injury protection (“PIP”) through your auto insurance, you can make a claim for your benefits. This will includes such items as medical costs, wage loss continuation (after 14 days), loss of services, and other items of coverage. Be sure the PIP adjuster advises you of all benefits that you are entitled to receive. Additionally, if the other driver who is at fault, is not insured, you may have to seek recovery from your own insurance company for their uninsured motorist benefits, or underinsured motorist benefits. If you have not seen a physician, and you suspect you may be injured, go to your primary care physician as soon as possible. Creating a record of your injury is mandatory. Any gaps in care, will be commented upon later by the opposing side, and these gaps is care need to be kept to a minimum. Also, your primary care physician will record your symptoms, and will refer you to the correct specialist if necessary. If you feel you need a second opinion, the PIP coverage allows you to obtain treatment from a variety of health care providers, provided it is reasonable, necessary and causally related to the collision.
What should I tell my health care provider after a collision?
You will need to inform your health care provider what happened, and how you are feeling. Telling the provider of each and every symptom which is new and different, and in your mind caused by the collision. This is very important to ensure your provider can accurately diagnose what injuries occurred in the collision and will provide them with the necessary information needed to exam you to provide the objective basis for their diagnosis. Tell your provider what activities are more difficult, and ask them if you need a disability note to miss work.
Should I keep a diary or pain journal?
Absolutely. A journal, will be of utmost value when memories fade and you can’t recall in what order things happened. The journal, can be protected by the attorney-client privilege if you draft it to your attorney, as an attorney client communication. Write down what symptoms you are having, and what activities you are having trouble with. The one thing you need to keep in mind however, is to write down the information on a regular basis. Consistency is important as one who starts off strong, and then fades to almost nothing, can indicate an improvement in ones symptoms, or a loss of interest in the case. Whatever you do, keep it consistent.
Should I give a statement to an insurance company?
You should immediately contact an attorney who practices in personal injury claims before you give a statement, whether in writing or over the phone. This will be a written record of your version of what happened, and you will be asked about your injuries. Often, insurance company representatives will tell you this is mandatory, but it is not. It is only mandatory for you to cooperate with your own insurance company. You certainly can cooperate by answer written questions on your own timing. The other insurance company is an adversary and should be treated as such. Based on the Miranda warnings given to those who are arrested, “What you say, can and will be used against you.” So be careful, and be ready for a nice adjuster who will tell you nice things in order to get your cooperation.
Should I talk to others about the collision?
Merely talk to the people who are your friends and not your foes. Your health care providers, your legal counsel, and your family will need to know as much as possible about the collision and the effects. No one else really needs to know about the collision, unless it is absolutely necessary to discuss these matters. You may hear from friends and how much money they received in their claim, but every case is different, and injuries are different.
What should my focus be on after a collision?
Your focus should be on getting better. Hiring good legal counsel will ease your mind and if you have any questions, do not hesitate to contact your attorney. The legal process is complicated, and your attorney should be able to explain to you, in laymen’s terms, what is going to happen in the future with your claim. A legal claim for personal injury takes time, and you want to allow your body to heal. While you are going through the process, trust your attorney, and place your focus on your health.
Sonics or Seattle? Who is the real loser?
Posted Wednesday, June 11, 2008.
So, who is it going to be, the Sonics or Seattle? In my mind both of them have been losers. Fortunately, the team can rebound, but I don’t think this ownership group or the NBA can.
Previously I have written about the city and community not putting up any money to support the building of the next sports arena – complex. In my mind, enough money has been spent on these projects with the Mariners and the Seahawks. However, in Denver and other city’s there has been a nice blend of private sponsorship in building a state of the art arena. My hope remains that the City can find an interested buyer – Steve Ballmer for one – to help save the day. Just as Paul Allen did for the Seahawks.
However, in my mind, the days of basketball in Seattle may be over. Should we be sad as it has come to light that the NBA has crooked referees watching over their games – in the NBA playoffs no less. Former NBA ref. Tim Donahey has alluded to the games being fixed – and he even pointed to specific games. In working out a plea deal with the FBI he has submitted information that referees altered their foul calling in NBA playoff games in 2002 and 2005.
Also, it seems to me the NBA has a lot to lose if Seattle loses the Sonics. They have already lost face in supporting Clay Bennett the wealthy Oklahoman who wants to pick up the team – break the lease that his team has entered into – and run to Oklahoma City. We will see what Marsha J. Pechman, Federal Judge in the Western District of WA has to say in two weeks in the trial between the city and the team.
So in my mind, by supporting the team ownership – hey that’s who pays David Stern’s salary – the NBA has two strikes against it in this town. First showing that it is a corrupt organization and secondly for supporting the OK ownership group.
Howard Schultz lawsuit may be the best thing for the city of Seattle to save NBA basketball – but he doesn’t have much time.
Personal injury practice
Posted Saturday, April 26, 2008.
Ed practices in all areas of personal injury law. This includes the investigation of accidents wherein someone is injured due to the fault of someone or something else. These days, the vast majority of cases have to do with investigating claims for people who are injured in highway accidents ~ through no fault of their own. However, Ed has represented people who are injured in many different ways, and it would be impossible to list all the various circumstances. However, some additional types of claims Ed has handled are injury cases caused by construction accidents, dog bites, Medical malpractice, bicycle accidents, pedestrian collisions, traumatic brain injuries, product liability (such as a defective lap band used in surgery or a malfunctioning wheelchair leading to a fall and resulting in head trauma), and any on the job injury where someone other than the employer can be deemed at fault, to name just a few. We also review insurance claims for people to help them understand their policies, benefits and coverage. This often has to do with interpreting motor vehicle insurance policies, but can also include health insurance and disability policies. The scope of Ed’s practice includes primarily people who have been injured in the state of Washington, but Ed is also licensed to practice law in California. In addition, he has helped people who were injured in Mexico, Scotland, Arizona, , Florida, Hawaii, Idaho, Montana, Oregon, Tennessee, and Texas.
If you know of a loved one who has been injured, please have them contact our office before they sign any liability release for any insurance company. The insurance companies are very anxious to have injured people sign away their rights before the injured person has a chance to seek the advice of an attorney who practices in personal injury law.
Good Faith, Bad Faith and Insurance Profits
Posted Tuesday, December 11, 2007.
As an insurance policy holder, an insurance company is supposed to act in Good Faith. This means an insurance company has a duty to act in the following manner:
Honor your requests and assist you in resolving your claim
Pay or deny you claim within a reasonable period of time
Respond promptly to your requests
Provide notification in writing of the reasons they are not paying your claim
Bad faith insurance practices can include any of the following:
Not investigating your insurance claim
Unreasonably delaying the investigation of your claim
Not paying promptly benefits you are entitled to receive
Making an unreasonable low payment offer on your claim
Not disclosing policy limits
Not renewing your insurance policy after a claim has been filed
Terminating your insurance policy after a claim has been filed
Treating the insured as an adversary
Additionally, profits are up for insurance companies. Reports indicate that profits are at $73 billion for 2006. This is up 50% over last year and come on the backs of insured’s premium checks.
Can I get my vehicle repaired at the place of my my choice?
Posted Thursday, November 15, 2007.
WAC 284-30-3903
(1) The insurer must make a good faith effort to honor your request for repairs to be made in a specific repair shop and cannot arbitrarily deny your request.
(2) A denial of your request solely because of the repair shop’s hourly rate is arbitrary if the rate does not result in a higher overall cost of repairs.
(3) If the overall cost of repairs cannot be agreed upon, the insurer will:
(a) Provide you with the names of reputable repair shops reasonably close to you that can satisfactorily complete the repairs for the amount of their estimate; and
(b) Make an appropriate notation in its claim file setting forth the reason it has rejected your request.
(4) If you choose to take your vehicle to a repair facility in which the overall cost for a satisfactory repair is higher than the insurer’s estimate, you may be liable for any additional amount above their estimate.
Being dropped by your insurance carrier
Posted Wednesday, November 14, 2007.
Recent article in LA Times. Health Net, a California based insurance company, bonuses a high-level analyst based on her meeting or exceeding annual targets for revoking policies.
Practices leave policyholders without health insurance coverage when they need it most – when they face dire medical consequences and/or medical emergency. Health Net disclosures provided an inside look at an insurer’s practice of providing monetary compensation for employees who were able to cancel policies when major medical claims were looming on behalf of one of their insured.
Former LA Superior Court Judge Sam Cianchetti provided the La Times with ability for records to be made public. Barbara Fowler, Health Net Senior Analyst in charge of rescission review, had a monthly average in 2002 of 23 policies cancelled. In 2005, her employee compensation was based on 301 policies cancelled.
California state law forbids insurance companies from tying any compensation for claims reviewers to their claims decisions. R-67 in Washington State will provide legal authority to monitor 1st party insurance company practices in automobile claims.
Evaluating Claim Value (per Washington State Jury Instruction)
Posted Wednesday, September 12, 2007.
It is the duty of the court to instruct you as to the measure of damages. By instructing you on damages the court does not mean to suggest for which party your verdict should be rendered.
If your verdict is for the plaintiff, then you must determine the amount of money which will reasonably and fairly compensate the plaintiff for such damages as you find were proximately caused by the negligence of the defendant.
If you find for the plaintiff, your verdict must include the following undisputed items:
(List undisputed past economic damage amounts.)
1. In addition, you should consider the following past economic damages elements: (Including but not limited to the reasonable value of medical expenses incurred to date and the disability and disfigurement experienced to date.) (See 30.07.01, 30.08.01, 30.09.01 and 30.10 through 30.16.)
2. In addition, you should consider the following future economic damages elements: (Including but no limited to the present cash value of medical expenses to be incurred with reasonable probability in the future and the present cash value of earning capacity with reasonable probability to be lost in the future.) (See 30.07.02, 30.08.02, and 30.09.02.)
3. In addition, you should consider the following noneconomic damages elements: (Including, but not limited to the pain and suffering experienced to date and with reasonable probability to be experienced in the future.) (See 30.04 through 30.06.)
The burden of proving damages rests upon the plaintiff. It is for you to determine, based upon the evidence, whether any particular element has been proved by a preponderance of the evidence.
Your award must be based upon evidence and not upon speculation, guess, or conjecture.
The law has not furnished us with any fixed standards by which to measure noneconomic damages. With reference to these matters you must be governed by your own judgment, by the evidence in the case, and by these instructions.
WPI 30.01.01
What does a fiduciary relationship mean in the insurance contract setting?
Posted Saturday, August 25, 2007.
As stated in earlier postings, an insurance company owes their insured a duty to act in good faith. These are obligations established by laws which have come about through our history of English common law or statutory enactments. These are to protect one from injuring another, also known as tort law.
Contractual obligations, on the other hand, occur because of promises made by the parties who have entered into a contract. The contract of insurance governs the responsibilities of both the insured (the policy holder) and the insurer (the insurance company).
Thus, insurance companies have obligations which arise from both legal obligations and contractual obligations. These responsibilities blur to some extent, and ascertaining the legal implications of the insurance company’s actions often requires legal representation. However, it can be assumed the insurance company is prohibited in acting in a way that is detrimental to its insured.
Therefore, courts have noted that there is a fiduciary relationship that exists between an insurance carrier and an insured. In the typical setting, a fiduciary relationship is established when one holds property or something of value for another. It stems from the days of Rome and the Latin word fiduciarius “(holding) in trust “and from fidere” to trust”.
The insurance company is not a true fiduciary for the insured, but the company must “give equal consideration” to the insured’s interest, as well as its own.
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Although our office does not handle all types of cases, we hope you will contact us regarding any legal issues you may encounter. We will answer your questions, or refer you to another quality and trustworthy attorney if we are unable to assist you.
