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Washington state personal injury law, hit from behind by driver with no insurance
Seattle, WA
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Posted about 1 year ago in Car / Auto Accident
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Hit from behind by driver with no insurance:
I was hit from behind by a driver with no insurance. She has paid the car repair bills but is claiming she doesn't have enough money for the medical bills (a total of about $2500). She is claiming that she should not have to pay the entire medical bill because I started going to treatment 2 weeks before informing her. I realize this was not smart on my part, but want to know if she has any really point. Does that impact how much she is responsible for? If she had had insurance, it would have covered it all. I'm wondering what my options are in terms of getting her to pay and if my argument (that she has to pay the whole bill) be legally legitimate if this had to go to court? Any advice would be appreciated. Thank you!
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Answers (4)
Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted about 1 year ago.
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What about you? Do you have the appropriate insurance on your vehicle? Do you have medical insurance?
If you have insurance, you likely have a duty to timely inform the insurer of the accident. Failure to timely report may give the insurer a legal reason to deny the claim. The at fault drive does not have the power to decide when you should seek medical attention for injuries suffered in the collision. In WA, a person generally loses the right to pursue legal action after 3 years if a legal action has not been properly started by then. You likely should not delay in reviewing your facts and options with an attorney. 
Margery Ellen Golant
This attorney is licensed in Florida and 1 other state.
Posted about 1 year ago.
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This issue varies enormously from state to state. I am not licensed to practice in your state. Here in Florida you would be able to make a claim on your own uninsured motorist coverage. Here that is part of your own policy. It would not hurt to check with your own insurance company to see if there is coverage.
It is hard to imagine why the person who hit you would have anything to say about your treatment or whether she would be responsible for less than all, but unless your own company is going to pay, you should check with your own attorney. It would be wise to check with a local automobile accident attorney anyway - you may have other options as well. 
Howard Robert Roitman
This attorney is licensed in California and 3 other states.
Posted about 1 year ago.
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If you where in Nevada... The defendant would be libel for the damage she cased whether or not she can pay, whether or not she had insurance. This is discounted by any liability on your part and any preexisting conditions. Under our law you can get a judgment and attach her in the future earnings and assets (assuming she has any, people who have no insurance seldom have much) if there is no bankruptcy such a judgment would be good for 7 years. After that the judgment can be renewed. It is probably similar in WA but if you are serous about this see a WA lawyer. I would not go out of pocket on this one unless it is a matter of principle.
Liz
Posted about 1 year ago.
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I do have insurance, both medical and auto, but I am young enough that I am still on my parents' policies for each. My parents did not want to send this claim to the car insurance company because it would greatly increase our premium.
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