| In my practice I frequently get the same | | | | by an attorney where he or she is forced to |
| basic questions from potential new clients. | | | | charge you an hourly rate, which is often at |
| | | | least $150 per hour. Most insurance companies |
| Question: Do I have a case? | | | | are reasonable when it comes to settling |
| | | | property damage claims which means you |
| Answer: This is a difficult question to | | | | probably can settle your claim by yourself. |
| answer without knowing all of the facts and | | | | |
| circumstances involved. The success of a case | | | | Question: I'm confused about the different |
| will depend on the specific facts involved | | | | types of coverage listed on my automobile |
| and the laws of the jurisdiction or region | | | | insurance policy -- what exactly is BI, UM |
| where the incident occurred. Generally, if | | | | and PIP coverage? |
| you can show that the party responsible for | | | | |
| your injuries violated some duty of care | | | | Answer: BI stands for 'bodily injury .' This |
| (e.g., causing a collision or making a | | | | type of coverage will pay claims for injury |
| dangerous product), then you probably have a | | | | you negligently cause to another as a result |
| claim against that party for the amount of | | | | of the use of your vehicle. Washington state |
| damages you have sustained. If you think you | | | | law requires that every driver carry |
| have a claim in the state of Washington and | | | | insurance for bodily injury with policy |
| want some feedback, you can send me an email | | | | limits of at least $25,000. UM stands for |
| directly by filling in the Case Feedback | | | | 'uninsured motorist' or 'underinsured |
| form. Due to the large volume of messages, it | | | | motorist .' If you are injured by a negligent |
| may take a few days to respond. | | | | driver who does not have liability insurance |
| | | | (or inadequate liability insurance), you may |
| Question: How much is my case worth? | | | | make a claim with your own insurance carrier |
| | | | if you have UM coverage. When you make a UM |
| Answer: There is no magic formula or process | | | | claim, your insurance carrier "stands in the |
| by which an attorney can predict with | | | | shoes" of the negligent driver and is |
| certainty the amount of money a person is | | | | permitted to assert all defenses that this |
| entitled to receive, especially where damages | | | | driver may have had against you (e.g., |
| are awarded for subjective elements called | | | | comparative fault, excessive medical |
| 'pain and suffering' and 'loss of enjoyment | | | | treatment, etc.). |
| of life.' However, our office will usually | | | | |
| have a pretty good idea of a reasonable | | | | PIP stands for 'personal injury protection .' |
| settlement range after your medical condition | | | | PIP pays for your reasonable and necessary |
| has stabilized. We rely on such factors as | | | | medical expenses, regardless of who is at |
| the extent and permanency of your injuries, | | | | fault for the collision. Although the law |
| the effect your injuries have had on your | | | | does not require that you carry UM and PIP |
| life, the amount and duration of your medical | | | | coverage, insurance companies must offer |
| treatment, prior jury verdicts and/or | | | | these types of coverages to you. If you |
| arbitration awards received for similar | | | | choose to reject UM and PIP coverage, your |
| injuries and my experience. Ultimately, the | | | | insurance company must record your rejection |
| value of any given case is determined by the | | | | in writing. An insurance company's failure to |
| jury's verdict after a trial on the merits. | | | | obtain your written rejection of UM or PIP |
| | | | coverage prevents the carrier from denying |
| Question: How much do you charge? | | | | the claim, even if you didn't specifically |
| | | | pay for this type of coverage. |
| Answer: Our fee is contingent on the outcome | | | | |
| of your case. That is, if a recovery is | | | | Question: What happens if I was injured in a |
| obtained for you, our fee is a percentage | | | | collision caused by an uninsured driver? |
| (usually one-third) of the amount collected. | | | | |
| No attorney fees will be paid if there is no | | | | Answer: You may have a claim for UM benefits |
| recovery. However, the law requires that a | | | | under your own policy. If you make a UM |
| client is ultimately responsible for the | | | | claim, your own carrier has the right to use |
| costs incurred. In most cases, our office | | | | all defenses that the other driver may have |
| will advance all costs necessary to pursue | | | | had against you. A UM claim essentially |
| your claim so you will not have to pay any | | | | creates an adversarial relationship between |
| money up front. Costs are then paid out of | | | | you and your own insurance carrier. Thus, it |
| the recovery at the conclusion of your case. | | | | may be wise to retain experienced counsel |
| | | | when asserting a UM claim. As can be |
| Question: What if I wasn't injured but I | | | | expected, your own carrier will NOT be |
| sustained damage to my car or other personal | | | | looking out for your interests (even though |
| property? | | | | you are its own insured!). Instead, your |
| | | | carrier will be looking for ways to pay out |
| Answer: As a personal injury law office, we | | | | as little money as possible. In the event you |
| only accept cases where the individual has | | | | do not have UM coverage, you may have no |
| sustained injury. This is because our fee is | | | | other practical means of obtaining |
| a percentage of the recovery obtained on | | | | compensation for your injuries. This is why |
| behalf of the injured claimant. Most property | | | | you should always carry UM coverage, |
| damage claims cannot be pursued economically | | | | preferably with limits of at least $100,000. |