Michael David Myers's Answers

Whiplash

I disagree that "whiplash" injuries are subjective in nature. A good witness (whether it be a doctor, chiropractor or other health care provider) can specifically identify objective factors associated with a cervical sprain or strain (that involves the tearing and other injury to connective tissue). All that being said...you can expect to recover significantly more money (net in your pocket) if you're represented than if you try to handle the claim yourself.

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Recording a conversation

Washington is a "two party consent" state. That means two people involved in the conversation must know that it's being recorded. Interestingly, it's the law of the state where the recording is taking place that governs (e.g., on a phone call). There are certain jurisdictions like Washington, D.C. that require the consent of only one party to the conversation. In Washington if you don't have the consent of two parties it's a crime to make the recording.

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Motorcycle accident

It makes sense to sue both the at-fault driver and the helmet manufacturer in the same action. It's important to speak with an attorney who not only has experience with product liability claims but also has experience suing foreign defendants (many helmet manufacturers are located in Japan and Korea). I hope your son's condition has improved since you posted.

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When do i make a demand letter to insurance. i received 100ooo from liability, and there is another 100000 r=left from undrins

You have a serious problem if you accepted $100,000 from the liability carrier. There is a case called "Hamilton" in Washington that gives the underinsured motorist carrier the option to purchase the claim against the at-fault driver. If you settle with the at-fault driver before offering the claim to the underinsured carrier you may have forfeited your benefits under the policy. Best to consult with an attorney licensed in Washington to see if he or she can help you straighten this out.

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Car Accident with the baby

Fortunately you can (1) sue the driver and (2) bring your own UIM (underinsured or uninsured) motorist claim even though your son was not in his car seat. Despite vigorous efforts by tort reform groups, Washington law does not allow the fact that a person was wearing a seat belt (or not wearing a seat belt) admissible into evidence. I mention the UIM claim for two reasons. First, your son may have suffered a serious closed head injury. Second, drunk drivers unfortunately are frequently...

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Can I sue even though I have UIM insurance?

You can sue the at-fault driver for all your expenses. However, if you decide to settle with him you have to offer your UIM carrier the right to "buy" your claim under a case called "Hamilton". It's a somewhat complicated area of the law. Best to consult with an attorney.

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Auto accident: liability claim filed against community property

If you don't feel comfortable with the attorney the insurance carrier hired for you ask that he/she be replaced with new counsel. While the house is out of the barn on this case, avoid this from happening again by purchasing insurance with limits that equal or exceed your assets and future earning power.

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Addtl info on "was a passenger in a car accident"

You have a serious problem if you accepted $100,000 from the liability carrier. There is a case called "Hamilton" in Washington that gives the underinsured motorist carrier the option to purchase the claim against the at-fault driver. If you settle with the at-fault driver before offering the claim to the underinsured carrier you may have forfeited your benefits under the policy. Best to consult with an attorney licensed in Washington to see if he or she can help you straighten this out.

My lawyer says i get nothing back from my accident do to medical bill and lawyers fees something doesnt feel rite

First, you should disregard the answer from the PA lawyer unless he's licensed to practice in WA. Second, the degree to which you are able to negotiate with your health insurance carrier depends on whether you paid for the coverage or your employer paid for the coverage (i.e., whether it's an ERISA or non-ERISA plan). Third, you hired your attorney on a contingent fee basis--unless your attorney missed an opportunity to recover more than $25,000 you should pay his or her fee.

What to do when someone created prone account with my info on face book and pics from my phone

The answer depends on your objective. Definitely you should contact the carrier and alert it that you didn't activate the account. You should also contact law enforcement and report the fraud. If the person has any assets you may want to pursue a civil action against him or her for damages.