Richard James Milham's Answers

Do I need a lawyer? hit parked car. Owner keeps calling me wanting more money but doesnt want to give me his insurance info.

How much damage did you do to the pickup truck? The value of repairs, or the value of the vehicle are the measure of damages. If the owner of the truck agreed to accept $250 as full settlement of the claim, then there is accord and satisfaction and that's all you would owe. Without some writing proving this agreement you will most likely be outnumbered in testimony by the owner and his friends and lose by a preponderence of the evidence that the $250 was a down payment. I agree with the other...

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My 18 year old daughter was in an auto accident. The car is hers but my name is on the title, she is on my insurance.

Typically, when an insurance company settles a claim for damages from an auto collision, they require a signed release which would keep both you and your daughter from being sued in the future from the collision. I am assuming from your facts that your daughter was at fault for the collision. Contact your insurance company immediately and provide them with a copy of that letter. Under Washington law, you would be responsible for the negligent acts of your daughter driving your car under the...

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How long are we going to have to wait to receive the check? I am concernced they could sit on this indefinitely.

If the case has been settled by your attorney, checks are typically ordered and sent out quickly and received between one and two weeks. Some companies now require the release to be signed before issuing payment. Either way, your attorney should know the payment status and be able to advise you. An agreement to settle can be enforced in court. If the case has not been settled, it is hard to predict when it will be, ask your attorney for advice in these regards, and discuss your options.

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How should I pay health insurance? From a personal account or Business? Single member LLC

I believe this is a question better posed to your accountant. I'm not sure that I get any tax benefit paying my health insurance out of my business since it turns up as income on my personal return. (professional services corp.)

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Is the WA State Financial Responsibility Law enough to get a judgement against the registered owner who was not the driver?

I think I answered this question under the PI Category, this answer would apply here as well: Your question raises several questions: Do you have uninsured motorists coverage on your insurance policy? If so, turn in a claim under your policy. Did the son-in law reside with the registered owner, and did the registered owner provide the vehicle for his use? If so, the registered owner would most likely be vicariously responsible for the negligent acts of the driver under the Family Car...

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Court Cases needed where the victim of a car accident was granted a judgement against the registered owner (not the driver).

Your question raises several questions: Do you have uninsured motorists coverage on your insurance policy? If so, turn in a claim under your policy. Did the son-in law reside with the registered owner, and did the registered owner provide the vehicle for his use? If so, the registered owner would most likely be vicariously responsible for the negligent acts of the driver under the Family Car Doctrine. There is valid Washington case law on point. Have you discussed this claim with a conpetent...

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Insurance fraud..?? Car accident..

In my experience, recoveries in first party UIM claims are much higher than third party claims against the liable party's insurer. Hopefully, you had an attorney to navigate you through the claim and take advantage of your rights under your policy of insurance. The statute of limitations in an action against your insurer under your policy (contract) is 6 years pursuant to RCW 4.16.040. If the case has been settled and a release signed, you have most likely given up your right to additional...

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Washington- Does WAC 284-30-391 "Methods and standards of practice for settlement of total loss..." apply to 3rd party claims?

Clearly, violation of this WAC cannot be used to support a claim against a third party insurer under IFCA: http://apps.leg.wa.gov/RCW/default.aspx?cite=48.30.015 That is one of the major reasons I recommend my clients use their first party coverage (if available) to settle their property damage claims. I am assuming you don't have first party coverage. It looks like the third party insurer has decided there is comparative fault, and in my opinion WAC 284-30-391 probably won't be effective as a...

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Libel and Slander Defamation of Character Lawsuit

First off, a little background. Slander is the speaking of false words/statements which injure the reputation of another. Libel is the publication of false written words/statements which injure the reputation of another. Defamation is any communication (both spoken or written) of false words/statements which injure the reputation of another. Defamation may be criminal as well as civil. Lying in court can be perjury, which can be a crime. The conduct as described may also constitute civil...

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I am currently with a Lawyer in a personal injury claim and I would like to replace him for what i feel is malpractice how do i?

Schedule an appointment to meet with your attorney to discuss your claim. He has an obligation to explain everything and follow your edict about settling your case. In my practice, I regularly recommend my clients follow their doctors treatment prescription, and that they completely recover from their injuries, or become fixed and stable before attempting to negotiate a settlement. However, it is also important to pay attention to medical expenses to make sure they are reasonable, necessary,...

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