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Robert N. Anderton

Robert Anderton’s Answers

54 total

  • How much should I seek in compensation?

    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...

    Robert’s Answer

    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.

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  • I was hit by a car while riding my bike. Received a broken fibula among other injuries. Have witness. What are my options?

    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...

    Robert’s Answer

    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.

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  • Do I possibly have a case here ? (auto accident)

    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...

    Robert’s Answer

    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.

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  • Is $250.00 a fair auto injury settlement?

    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...

    Robert’s Answer

    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.

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  • How can I protect myself from liability from a bike accident I feel was zero at-fault? Does the other rider have a case?

    -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 ...

    Robert’s Answer

    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.

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  • My ten year old ran into a car on his bike. should I pay for the damages?

    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...

    Robert’s Answer

    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.

    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).

    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.

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  • Broke back while visiting aunt

    Fell off deck at aunts house and broke my back. I had a family member drive me to the hospital and was then transported by ambulance to the trauma unit at another hospital. I was admitted for three days and I'm looking at 12 weeks to recover. ...

    Robert’s Answer

    It sounds like you were seriously hurt, I hope you make a speedy recovery.

    Your Aunt's homeowner's insurance will cover her against a claim by you. That means the insurance company will either reach a settlement with you or, if it doesn't, it will provide her with an attorney defend a lawsuit if you filed suit and would have to pay any verdict up to the limits of her insurance policy.

    You would need to prove that your aunt and/or whomever built and/or maintained the deck were negligent and that you would not have fallen but-for their negligence.

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  • I was hit while jogging by a drunk driver in a rental car. The man has a history of DUI. With his history can I sue Enterprise?

    Driver has history of DUI. What sort of liability does Enterprise have given they rented a car to a man with this history who then proceeds to do it again and then hits and severely injures someone else?

    Robert’s Answer

    I'm very sorry to hear this. Washington does recognize negligent entrustment as a legal theory, but unless the driver was drunk when he rented the vehicle, it is unlikely to be successful.

    However, Enterprise may have liability insurance for the driver's negligence. Alternatively, or additionally, the driver may have car insurance or you may have car insurance with UIM coverage.

    Any or all of these may be applicable, as well as PIP coverage from Enterprise, the driver, and/or your car insurance.

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  • What is the proper course of action to get my bike repaired/replaced and medical costs covered by company driver who hit me?

    I was hit by a Shuttle Express airport shuttle yesterday while riding my bike to work. The shuttle was at fault (turned right, crossing the bike lane, which was marked and had a physical barrier, but "didn't see" me). I have a police report and ...

    Robert’s Answer

    You should call a bike lawyer at Washington Bike Law. 206-262-9290. It is not clear to me whether you need to hire a lawyer, but we are happy to help and answer your questions. Consultations are free.

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  • What happens if I get in a car accident (I was at fault) and I don't have insurance?

    I was in a fender bender at a stoplight but, I don't have insurance. The other driver's insurance company keeps calling me but I don't know what to say. I told the driver I was willing to pay the damages out of pocket. I don't want to get in troub...

    Robert’s Answer

    If you had a car before this one, you might have insurance. Call your insurance company and check. There is usually a short period of automatic coverage for just-purchased vehicles. Your car insurance (if you have it) should resolve the claim for you or defend you if a lawsuit is filed.

    Otherwise, you are right to want to resolve the claim. Insurance is required and you can lose your license for not being financially responsible for the crash.

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