I was sitting in the apartment back yard, where I live, and the tree fell on me and I was taken to the emergency. Is the apartment management suppose to pay my medical bills, loss of income. They said they will pay for the partial medical bill, an...
Your landlord likely has insurance that pays medial bills for injuries on the premises regardless of liability. I think that is what they told you about.
However, if the tree was negligently maintained, your landlord may also be responsible for all of your medical bills and lost income, as well as your non-economic damages, like the fact that it hurts when a tree falls on you!
You will probably need to hire an attorney if you want to pursue that claim.See question
A friend was driving a car and hit a person on a bike. It was a very minor collision; the rider was fine but a wheel rim of the bike was bent. The biker originally said the rim would cost $30 to fix and my friend was happy to pay that. But then th...
Insurance companies typically settle property damage separately from injury claims. Insurance policies have separate coverages. Additionally, bicyclists and pedestrians are entitled to a driver's PIP coverage, if any, which pays medical bills as they are incurred, regardless of fault.
Perhaps the safest approach would be for your friend to contact her insurance company and have them handle it. This would protect her in the event the bicyclist was actually hurt. Her insurance company would provide her with a lawyer if one was needed. More likely, the insurance company will simply settle the claim and use a well-tested release in doing that.
Often bicyclists don't realize the extent of their injuries at the scene of a crash because of adrenaline. They, and anyone else injured as a result of a driver's negligence in Washington, have up to 3 years from the date of a crash to settle a claim or file a lawsuit. A release for property damage would not prevent a later injury claim.
If the bicyclist is asking for $30 for an injury, even an injury that didn't require medical care, that bicyclist is most likely greatly undervaluing the claim.See question
I was at fault in a motorcycle accident and have no PIP through my auto-insurer. My medical insurance doesn't seem to generally agree to pay my hospital bills (consider it to be 'third-party' i.e. auto-insurance responsibility). I have started a c...
Health insurance pays after PIP and health insurers generally assume that a person has PIP who has been in a motor vehicle crash until they show the insurer that that don't have PIP or that PIP stopped paying.
Whether or not you are at fault, your health insurance should pay. If you are compensated for your medical bills by someone else, your health insurance may have a subrogation claim, in which you would need to reimburse it.
I recommend that you call your health insurance company and tell it that you don't have PIP. I suspect that it will start paying. If it still refuses to pay, ask the insurer to put it in writing why it won't and consult a lawyer.
Good luck!See question
I was on my bicycle 3.23.2016 and was rear-ended by an SUV without serious injury. I was able to bike home and have an officer take a report as "hit & run" because the driver failed to get out of his vehicle and/or exchange names. I provided the...
The other lawyers are confusing the civil statute of limitations with what you ask, which is the criminal statute of limitations. That length of time varies based upon your injuries and how the driver is charged and prosecuted. The actual statute is here: http://app.leg.wa.gov/rcw/default.aspx?cite=9A.04.080
I'm sorry this occurred. The driver's actions are not acceptable and should be criminally prosecuted. You also have a civil claim against the driver.
Since you were not seriously injured you may not need to hire a lawyer to pursue that claim, but it probably makes sense to consult one experienced in Bike Law before making it on your own or deciding not to make a claim.See question
I was in an accident last Friday. While riding my bicycle to work I came up to a crosswalk with a stop sign, a car was approaching so I slowed down, the car came to a complete stop so I proceeded to cross the road. As I passed directly in front of...
Don't be in a hurry to settle. You have up to 3 years from the date of this crash to settle it or to file a lawsuit to preserve the claim if it happened in Washington. Until you recover from your injuries you don't know the full extent of your damages. Accepting the offer you received from the insurance company will close the claim forever.
Also note that the driver may have PIP coverage. PIP should pay your related medical bills as they are incurred. The driver's PIP should pay these bills even if you have health insurance or your own PIP coverage on your car insurance.
You can always consult a lawyer and few if any would charge you for a consultation. Don't settle your case before you do that.See question
I was hit by front end of drivers car. I have a witness that has verified what happened. While riding my bike I was hit by a motorist. The Driver of car moved forward after stopping when I was directly in front of their car. When Driver moved for...
Bike crashes happen far too often, but medical providers and insurers are still often confused about who is responsible for your medical bills. If the driver had PIP, or Personal Injury Protection, that insurance should pay your bills first. Because your injuries were serious, your bills are probably more than this PIP coverage. If you have car insurance with PIP, it should pay next. IF you have health insurance, it should pay after that.
A knowledgeable lawyer should be very helpful in this situation. The lawyer should coordinate paying your bills and then, ultimately, resolve your personal injury claim through negotiations or, if necessary, litigation.See question
Today I got in a car accident. Three cars involved. It looks like I'm going to get pinned for this one, as I didn't stop where there apparently was a stop sign. Thankfully nobody got hurt. There was a stop sign on the left hand side, but the on...
It's hard to say if the missing sign will excuse you. If you hit a car that was on your left, it might. RCW 46.61.180 (1) says: "When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right."
But the best course of action is to report the crash to your insurer. You may want to take some photos of the scene and tell them about why you didn't stop too.
Your insurer will negotiate resolutions with the other people involved or, if they can't settle the claims (if any) out of court, your insurer will provide you with an attorney to defend you and must pay any verdict against you up to the limits of your insurance policy.See question
My son and I were in an auto accident (other parties fault - no issue of liability). My son is only 7 and is now done with his chiro and massage treatments, which totals to roughly $3,000.00. All of his costs were covered through my PIP insuranc...
Even if you don't want to hire an attorney for your son, ask the insurance company about appointing a settlement guardian ad litem (SGaL). Unless the insurance company has the proposed settlement reviewed by an SGaL and approved by the Court, your son could challenge it anytime before he turns 21.
An SGaL is a lawyer appointed by the court and has a different role than a regular lawyer. Usually the SGaL fees are paid by the insurance company, rather than as a percentage of a settlement. Even if a minor has a lawyer, an SGaL is usually still required to review a proposed settlement. Without a lawyer, ans SGaL is especially important.
Note that, if an SGaL is not appointed and a Court does not approve your son's settlement, the insurance company will likely ask you to sign a hold-harmless letter. That would mean that, if your son later challenged the settlement you, rather than the insurance company would potentially have to pay him.See question
-This was a bike v. bike head on collision. -I feel like it was zero fault, he feels it was my fault. -Accident occurred in Washington state. -The accident was on a blind corner, he was coming uphill I was coming downhill. -My ...
If you have homeowners or renter's insurance, you are insured for negligence claims from riding your bike, contrary to what the anti-bike crowd may claim. You can ask your insurer about the other rider's claim and it should defend you. If you are actually sued, your insurance company should also provide you with a lawyer and should pay any award against you.
The strength of the claim may depend where the collision occurred. If it was on a street or a bike path, you both probably had a duty to stay right. I'm glad you weren't seriously hurt and hope the other rider wasn't either.See question
My ten year old took his bike down a hill that has a road intersecting from the left side at the bottom of the hill. My son ran into the front passenger side putting a large scratch from above the wheel well to the side view mirror and knocked the...
Too often bicyclists are blamed for crashes that aren't their fault. If this was an uncontrolled intersection (no stop light, stop sign, or yield signs), and your son and the driver approached it at about the same time, the driver should have yielded to the right, regardless of whether your son was riding a bike or driving a Mack Truck. http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.180
Additionally, almost every intersection is considered a crosswalk, whether or not one is painted on the pavement. The driver would have a duty to yield to a bicyclists of pedestrian in the crosswalk (though your son would also have a duty not to enter the crosswalk so quickly that it would be impossible for a driver to stop). http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.235
If your son was genuinely at fault, he should be responsible for the crash. Your renter's or homeowner's insurance would cover him anyway, just as the driver's insurance would cover him if he is at fault.
Regardless of fault, if the driver had PIP (Personal Injury Protection) coverage, your son's medical bills should be paid by PIP.See question