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David Alden Brown
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David Brown’s Answers

17 total


  • What is the validity of an electronically-signed PIP waiver?

    I signed up for automobile insurance online (Geico). I didn't elect PIP coverage at the time, but have since been told that unless I signed a waiver rejecting PIP coverage, I do indeed have PIP coverage under Washington State law. I know for a...

    David’s Answer

    Here is what I can tell you. Washington requires auto insurance companies to provide PIP coverage if they also provide liability insurance to a party. That is, PIP coverage is mandatory. However, a customer can waive PIP coverage so long as the waiver is in writing and signed by the insured (you).

    You did the right thing in requesting a copy of your signed waiver. You should demand they provide you a copy of this. If they do not have a copy of your signed (electronic or otherwise) waiver then the PIP waiver is ineffective and you are entitled to PIP benefits. Depending on the format an electronic signature may or may not be acceptable. You may wish to speak with an attorney regarding your entitlement to PIP benefits and to review the signed PIP waiver. Hope this helps.

    Information posted or made available on or through the Site, including without limitation any responses to legal questions posted on Avvo Answers, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.

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  • Can my daughter file a civil lawsuit against her stepfather for raping her?

    My daughter is 16 but was raped when she was 11. She has finally agreed to therapy and is dealing with her trauma now. Her step father was convicted of two 1st degree child rape charges and now lives in TX with life time community supervision. ...

    David’s Answer

    The short answer is yes. Your daughter can file suit against her stepfather for the abuse. In fact based on what you stated above the court would likely rule that this individual was liable to you as a matter of law.

    However, the problem is collecting a money judgment against him. First, you would have to determine if he has any assets from which you could collect a judgment. That is, does he own a home, have any cash, savings, or other assets. Often times, the only real asset is a home. If that home is in Texas you would have to consult the law in Texas for doing a forced sale of his home and what if any exclusions there are. Next, if he is working you could garnish his wages. However, it is expensive, in terms of paying a lawyer to go through this procedure, and may not result in a tremendous amount of money. Again, you would have to do this in Texas.

    I wish there was more I could say to help. Good luck

    Information posted or made available on or through the Site, including without limitation any responses to legal questions posted on Avvo Answers, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.

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  • What should i do if im served papers and my name is spelt wrong?

    I was served small claims court papers but my name was mis spelt can i use that against the court?

    David’s Answer

    Typically no. Usually, typos, referred to by the court as scrivener's errors, do not affect the legality of the claim.

    information posted or made available on or through the Site, including without limitation any responses to legal questions posted on Avvo Answers, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.
    Company does not select, screen, approve, endo so long as it is reasonably clear who the intended party was.

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  • Improper lane usage what are the chances of winning

    got a ticket for improper lane change and minor accident involved as well

    David’s Answer

    With just the information you provided it is very hard to give you an appropriate answer to your question. However, here is what I can tell you. In Washington, violation of a statute, here improper lane change, is evidence of negligence but is not negligence per se. That is, you can argue that even though you violated a traffic law you did not do so negligently. In terms of "winning," which I assume means obtaining a judgment against the other driver for your property and personal injury damages, it will be much harder if a neutral police officer has determined that you violated a traffic law but not necessarily impossible.

    You can always consult a lawyer. Most personal injury lawyers will talk with you for free and give you a better idea of your options. Good Luck.

    nformation posted or made available on or through the Site, including without limitation any responses to legal questions posted on Avvo Answers, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.

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  • Auto Accident while on the job

    My husband was involved in an auto accident while at work. The person that hit his work vehicle is at fault. We heard that the car insurance can pay the difference between workman's compensation wage and my husband's normal working wage. Which ...

    David’s Answer

    You question has two answers. One, your husband is entitled to workers compensation benefits because of he received an injury on the job. However, he is also entitled to compensation from the at fault motorist for his injuries just as if he was struck by another motorist during his off time.

    Your husband is entitled to compensation from the at fault driver for his medical bills, lost wages, and any general, intangible injuries he received. The bottom line is yes, he is entitled to full wage loss compensation from the at fault driver. However, to get that wage loss you will likely have to settle your claim against the at fault driver. You should talk with an attorney about your options at this point. Virtually all personal injury lawyers who handle car accident cases will meet and discuss your case with your for free. This is a good way to get a better idea of your choices at this point.

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  • How much compensation should I get for a broken ankle that resulted from a car accident?

    The other driver was at fault and my ankle is only at 45 percent range of motion and it will not get any better. My medical expenses were about 15000.

    David’s Answer

    The best way to get an idea of how much money it will take to make up for the damage to your ankle is to have a personal injury attorney examine your medical records in detail and get an idea about the available assets of the at fault party. The amount of insurance coverage can drastically affect the kind of compensation an attorney can negotiate for you. In an effort to actually answer your question here are some results from Washington jury trials that involved ankle fractures and had a similar medical expense total as yours. 50,000; 52,000; 90,000; 59,000, and 185,000. So there is a range of awards that have been handed down by Washington state juries. This should help you get an idea of the potential value of your case. HOWEVER, it cannot be stressed enough that the individual difference between cases are going to have a more significant impact on the value of your case than these prior results. You should talk with a lawyer to get a better idea of the value of your case based on the unique facts of the incident. Our firm, and most others will give you an evaluation for free if you are interested.

    Answers, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.

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  • Private property fender bender

    I was backing out of my stall and a car hit me. Neither one of us had insurance. Police came and did a exchange of info for both of us. Five months later I get a letter from Dept. of Licenseing stating that it was my fault according to the other p...

    David’s Answer

    Here is what I can tell you about the situation you described. Washington requires everyone to have car insurance. If you get in an accident that is your fault normally your car insurance will pay for the damage. If you do not have insurance and get in an accident that is your fault you must still pay for the damage. If you cannot pay for the damage then the DOL can suspend your license and require full payment before you can reinstate your license.

    It sounds like you contest who is at fault for this accident. The letter you received from the DOL should have contact information and instructions on how to respond. You should contact the DOL and explain the situation to them. They may be able to assist you.

    Answers, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.

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  • How long does it take to start getting payments from PIP ins?

    I was hit by a car while crossing the street. Driver has PIP ins and I was told they would pay a caregiver to come to my house and help me with things I was unable to do with my fractured fibula head. Its been 6 weeks and I still haven't rec'd any...

    David’s Answer

    Unfortunately, the only remedy in this kind of situation is to hire an attorney. Typically, in accident cases like yours, an attorney will work for a contingency fee. What that means is that you don't have to pay anything up front. If the PIP adjuster is refusing to pay a valid claim like yours you can expect that this kind of treatment from the at fault driver's insurance company will continue.

    My firm handles this kind of work. I would be happy to talk with you about your options at this point no obligation, no charge.

    nformation posted or made available on or through the Site, including without limitation any responses to legal questions posted on Avvo Answers, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.

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  • Im an uninsured driver that was hit, in auto accident. the other partys insurance wont pay

    the other party was charged with reckless driving and hit and run by the court. i have contacted his insurance company (geico) and the refuse to pay... my car has major damage and i have hospital bills that are going to collections. i have all pic...

    David’s Answer

    Sounds like a frustrating experience for you. Here is what I can tell you. It is not clear if you just lack auto insurance or medical insurance as well. If you have your own auto insurance you can typically get your insurance to pay out what is call PIP benefits to cover your immediate medical expenses. If you have neither your only option is to ask that the medical providers delay sending your bills to collections until your civil suit has been resolved.

    The other driver's insurance company may use the fact that you don't have coverage to try and force an early settlement for less than the fair value of the claim. Be careful that you do not sign a release of claim to get medical benefits and lose your rights to full compensation in the future.

    You should demand the insurance company discloses the policy limits of the at fault driver. They will typically deny this request from a private party. That is why in a case like this you may wish to seek the assistance of a lawyer. Your injuries sound like they may be serious. This is not they type of claim you want to handle on your own.

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  • I was injured at work and need some advice.

    I was building a fence when my foot slid off a hidden log throwing me onto a post head first. I was knocked out and suffered a severe laceration,concussion and vertigo. The occupational therapist I saw after the injury put me on light duty, which...

    David’s Answer

    There are several different options you should consider. First, since you were injured on the job you can file for workers compensation through Washington State Labor and Industries. Their information is available online, take a look at the materials and see if filing for workers comp is something you could do on your own.

    In Washington, you cannot sue you own employer for injuries received at work. You are limited to recovering workers comp benefits described above. However, it is unclear from your questions what kind of job you were working on. In some cases someone else is in charge of providing a safe work environment. if they do not, they can be held liable if you are injured. The best example of this is a sub contractor hurt on a construction site run by a general contractor who is responsible for maintaining safety. Hope this helps, best of luck to you.

    Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.

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