Gary Nicolas Gosanko's Answers

I was rear-ended, it was totally the other guys fault. I am going through my insurance because I wont deal w/ progressive..

Take a look at the Washington Administrative Code, particularly WAC 284-30-320 and the following sections. Google it. They explain what insurance companies are supposed to do when your car is deemed a total loss. An attorney should be able to help you out. We provide free initial consultations if you have any questions, particularly on injury claims which are much more complicated than property damage claims. Gary N. Gosanko 206-275-0700

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My son was hit by a car crossing the street at an intersection at Gonzaga University and was injured.

Typically, you have 3 years in Washington within which to file a lawsuit against the driver, if a settlement cannnot be reached with the insurer. Generally, you do not have the legal right to sue his insurance company. Typically, I advise against settling any injury claim until my clients have fully recovered from all injuries and are back to doing all of their normal activities without limitations. Pedestrian accidents present some different issues. First, you need to find out if the...

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I have been in a car wreck - other party at fault - what should I do next?

Be assertive with MOE. Their insured was at fault and they will have to pay for your vehicle, including the towing and storage. Do not back down from that. MOE will also have to pay you for your loss of use of your vehicle. This will be either a rental car for each day, or paying you the cost that you would incur to get a rental car for each day that you are without the use of your vehicle. This obligation continues until they make you a "reasonable" offer on your vehicle and, if you accept...

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What are my rights if I was hit head on by a licensed and insured driver, but I am unlicensed and uninsured?

You have the same rights as any one else who may have been injured in a collision. From what you have indicated, it seems clear that the other driver was at fault. Thus, his/her insurance company will pay for all of your damages - eventually. You have two seperate claims: (1) property damage, and (2) personal injury. WHile they arise out of the same collision, they are handled seperately. Under the property damage claim, the other person's insurer should provide you with a rental car...

Airbags and brakes did not go off when my daughter hit the mountain and then went off a cliff drop of 15ft

Your email raises a few issues. The first involves what is called PIP (Personal Injury Protection) insurance. You need to review the insurance policy that covered the car your daughter was driving to see if you had this coverage. If so, then the PIP insurer will pay the medical bills and wage loss that your daughter has incurred/lost, up to the limits which are a minimum of $10,000 for each. This coverage will allow your daughter to get necessary medical care for her injuries. Next, you...

Passanger in car accident. we settled the liability part,leaving the underinsured claim open.

Your questions raise even more questions. When you say that "we settled the liability," do you mean to say that you settled your claims against the at-fault party for the full amount of the liability insurance policy limits? Or, did you settle for less than the limits? Did you sign a release of "all claims," which might include claims against your own UIM policy, or only a release of "all claims against the at-fault person"? Did you have PIP coverage under your own policy? If so, did you...

Deframtion

Defamation and libel cases are difficult. Here are a couple of quotes from some of our cases in this state: "Under our cases, a defamation plaintiff must show four essential elements: falsity, an unprivileged communication, fault, and damages. Sims, at 233, 580 P.2d 642; Restatement (Second) of Torts s 558 (1977)." Mark v. Seattle Times, 96 Wash. 2d 473, 486, 635 P.2d 1081, 1088 (1981). "First Amendment concerns at that time supported the special protection that we extended in Mark v....

What rights do I have when landlord intentionally covered up toxic mold and knowingly moved family into apt

First, you should set up a meeting with your present attorney to discuss all of the concerns that you have. Take a list with you to make sure that you discuss all issues. If you are not 100% satisfied after that meeting that your attorney is the best one for you, then you should definitely look for another attorney immediately. Changing attorneys should not cost you or your family any more in the way of attorney fees, assuming that your present attorney is working on a contingent fee basis....

Lawyer already settled for 100,000 from liability, and 25,000 from other driver.

Assuming that you haven't already settled with the other driver's insurance, you should make sure that you get proof that the other driver did not have an "umbrella" policy that would apply over and above the liability limits. From your email, it is difficult to determine whether the other driver had limits of $25,000 or $100,000. Usually, one with $100,000 liabillity limits has some assets to protect - that is the reason they have such high limits. So, you should also obtain confirmation...

Can your auto insurance require second doctor opinion ?

Your question is complicated. First, I assume that you are asking this question as it relates to PIP (personal injury protection) coverage under your policy in the state of Washington. If this is the case, you have the right to go to any doctor of your choosing for treatment that is reasonably necessary for your care. Your PIP insurer does not have the right to dictate this to you. If you are suffering from any injuries from your collision, you should go to your own doctor and follow his/...