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Richard S. Lowell's Answers
Contributor Level 9
- 57 Legal Answers
- 0 Legal Guides
3
Attorney answers:
How much is my personal injury claim worth? Reading Avvo I hear it's hard to calculate. Thks 4 ur professional estimation
I agree that the days of 3x medical expenses are no longer valid. And any attorney who can provide you with a claim estimate based on just the information you have provided is not being wholly candid. Each case must be evaluated on its own merits; and there are tons of variables. It is obvious that you were seriously injured; and have incurred significant medical expenses and wage loss. It appears that the more difficult part of your case is going to be the issue of liability. An insurance...
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3
Attorney answers:
Do I have to pay all the fees he is asking me to pay or should i go to court over this?
You should definitely find yourself an attorney; and probably one that has some experience dealing with both personal injury and insurance defense. That attorney will charge you on an hourly basis; but the money will probably be money well spent. Since the other driver had no insurance either, he didn't have uninsured motorist coverage or PIP coverage. (Check out the blog on my website for a greater description of these coverages. See link below.) Without that, he's going to have difficulty...
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3
Attorney answers:
Uninsured accident with a motor cycle rear ened me they said it was my fault
I agree with Mr. Robinson; the two of you have a major mess on your hands. You mentioned you didn't have a license, but you said nothing about insurance. In the event you had insurance on the Suburban, you need to immediately contact your insurance company and advise them of the accident. (As an interesting side note, if you did have insurance, it won't matter who was driving the Suburban; since the insurance company insures the car and any permissive drivers of the car.) You mention...
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5
Attorney answers:
Can a car owner be sued in an accident if they are not the driver?
There are a lot of things to look at in this situation. But the most important is this: even if your cousin didn't have insurance, she is insured if her sister had insurance on the car. The insurance initially follows the car - not the driver. So if her sister had insurance, she needs to call her sister's insurer ASAP and report it. If there was no insurance anywhere, her liability can be based - usually - on only one of three theories: 1. Negligent Entrustment - meaning that at the...
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2
Attorney answers:
Does a personal judgement go away when they pass away or is the family responsible?
The simple answer is: probably not. First, you mention that the personal judgment has been against him for many years. How many is "many?" A typical judgment is good for 10 years. Under Washington law, it can be extended for another 10 years; but only if the judgment creditor applies to the court for the extension during the last 3 months of the ten year judgment period. So if the judgment expires without having been paid; it's not owed - regardless of whether your father passes away...
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3
Attorney answers:
What to expect at a mediator settlement?
This is DEFINITELY a situation in which you should be speaking to a personal injury attorney. There are a number of potential sources of compensation to you for your serious injuries. Certainly, you have an L&I claim. But additionally, you have claims against the girl; potential claims against her parents or anyone else who may have given her access to the car. You would also have a possible PIP (personal injury protection) claim against the insurance company that (hopefully) insured the...
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2
Attorney answers:
My lawyer has offered a settlement to me for his poor representation.
I agree with Ms.Wilson's suggestion. You should definitely have the matter reviewed by an attorney who does not know your 'poor' lawyer. You might have a little better luck finding that attorney (i.e., the legal malpractice lawyer who is not familiar with your attorney) if you call the King County Bar Association instead of the Snohomish County Bar Association.
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3
Attorney answers:
Uninsured motorist policy limits; Who has burden of proof?
It is true that UM limits must be the same as your liability limits in Washington -- unless you have waived that requirement in writing. However, there is nothing that requires a new insurance company to offer the same limits as your old one. Look at your declaration sheets and see what happens. You can check with an attorney and ask for a review; or even check with your own insurer.
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1
Attorney answers:
I was in an accident that was not reported, but will this still go on my record?
With respect to you getting a ticket; it is possible but unlikely. There would have to be a complaint from the other driver to the police; and the police would have to want to deal with it -- which they won't. As far as geting your license revoked, your decision to deal directly with the insurance company will - hopefully - prevent that. Typically, it is the insurance company of the other driver that files a report to the state advising you were uninsured and asking that your license be...
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3
Attorney answers:
WA State car diminished value claim with farmers insurance
Diminished value is a claim you can make. Insurance companies tend to fight paying this a lot. They take the position that the repairs put the car back to its fair market value; so there is no loss of value once the repairs have been made. And despite the fact that common sense tells us this really isn't true, it is rarely worth the effort to fight the insurance company. in order to establish your claim, you are going to have to do some leg work. Start with a Honda dealer. See if you...
1 person marked this answer as helpful