In Washington vehicular accidents, RCW 46.64.040 allows service on the Secretary of State if the Plaintiff is unable to locate the defendant for personal as required in a lawsuit despite the exercise of due diligence.
The Plaintiff must full comply with all procedural requirements to gain jurisdiction over the defendant. Those requirements include filing the suit prior the expiration of the SOL and as well as complying with the Secretary of State Requirements which can be found here.
It is preferred to effectuate actual service on the defendant, but this is another option when unable to satisfy the traditional requirements.
For more information on your rights in a Seattle Auto Accident, consider our office as a Kirkland Auto Accident attorney.
My direct contact:
Scott Weitz
150 Lake Street S., Ste 209
Kirkland, WA 98033
206.306.4034
Scott@dcseattle.com
Providing knowledge of Washington Personal Injury Claims and Legal procedures. (425) 889-9300
Wednesday, December 27, 2017
Seattle Auto Accident service on unknown defendant address
Tuesday, December 26, 2017
Seattle Uber/ Lyft Accident Legal Issues
Rideshare operations such as Uber and Lyft have become extremely popular in Seattle and other cities throughout the United States–and it is easy to see why. Ordering a ride through your smartphone is faster, easier, and often less expensive than hailing a cab. In addition, many people believe that rideshare services are safer.
Fortunately, Uber does insure drivers and passengers involved in car crashes. However, when drivers are using their vehicles for personal use, they are covered under their personal auto insurance policy. If a driver is using the app but has yet to start a trip, they are covered under their personal insurance policy and Uber’s contingent liability policy, which provides up to $50,000 per injury for a total of $100,000 and up to $25,000 in property damage in the event the driver’s personal insurance does not cover the issue. If an Uber driver has accepted a fare or is on a trip with a passenger, they are are covered by a one million dollar liability policy and a one million dollar u
ninsured/underinsured policy. The UM/UIM coverage protects drivers and passengers in event of an accident with an uninsured or underinsured motorist.
In theory, all passengers are covered under Uber’s insurance policy, regardless of who is at fault for the accident. However, Uber classifies its drivers as independent contractors rather than employees, which allows them to claim that they are not liable for the actions of their drivers. Therefore, if a case has damages that exceed Uber’s one million dollar policy limit, an injured party may face some difficulty in pursuing a claim.
If you are a third party, such as a pedestrian or the driver or occupant of another vehicle, you may only claim compensation from Uber if the driver was carrying a passenger at the time of the crash or in route to pick up a fare. If the driver was between fares or using his or her car as a personal vehicle, you must file a claim with the driver’s personal insurance company or your own insurance company if the driver had no personal coverage.
While Uber does have a significant insurance policy, you have to keep in mind that its insurance carrier is a business, and like any other insurance carrier they are going to look to limit their liability and pay you as little as possible for your injuries. Therefore, it is important that you seek out an experienced personal injury attorney for advice on your specific situation.
For more information, consider contacting a Seattle Auto Accident Attorney. You can find our information here. I am a Kirkland based Auto Accident attorney.
Fortunately, Uber does insure drivers and passengers involved in car crashes. However, when drivers are using their vehicles for personal use, they are covered under their personal auto insurance policy. If a driver is using the app but has yet to start a trip, they are covered under their personal insurance policy and Uber’s contingent liability policy, which provides up to $50,000 per injury for a total of $100,000 and up to $25,000 in property damage in the event the driver’s personal insurance does not cover the issue. If an Uber driver has accepted a fare or is on a trip with a passenger, they are are covered by a one million dollar liability policy and a one million dollar u
In theory, all passengers are covered under Uber’s insurance policy, regardless of who is at fault for the accident. However, Uber classifies its drivers as independent contractors rather than employees, which allows them to claim that they are not liable for the actions of their drivers. Therefore, if a case has damages that exceed Uber’s one million dollar policy limit, an injured party may face some difficulty in pursuing a claim.
If you are a third party, such as a pedestrian or the driver or occupant of another vehicle, you may only claim compensation from Uber if the driver was carrying a passenger at the time of the crash or in route to pick up a fare. If the driver was between fares or using his or her car as a personal vehicle, you must file a claim with the driver’s personal insurance company or your own insurance company if the driver had no personal coverage.
While Uber does have a significant insurance policy, you have to keep in mind that its insurance carrier is a business, and like any other insurance carrier they are going to look to limit their liability and pay you as little as possible for your injuries. Therefore, it is important that you seek out an experienced personal injury attorney for advice on your specific situation.
For more information, consider contacting a Seattle Auto Accident Attorney. You can find our information here. I am a Kirkland based Auto Accident attorney.
Email me directly at Scott@dcseattle.com or call or text my direct line at 206.306.4034.
My Information:
Scott Weitz
DC Legal, PLLC
150 Lake Street S., Ste 103
Kirkland, WA 98033
T: 206.306.4034
Monday, December 18, 2017
Washington Train Accident Legal Issues
Train Accident Legal Review
In light of the recent horrific train accident in Tacoma, I wanted to provide an overview of the different legal standards faced in Train Accidents. Our heartfelt condolences to anyone personally or with friends and family involved with the accident.
_____________________________________________________
If you get hurt while on public
transportation -- such as a bus, train, or subway -- you might be entitled to
make a claim against the public transportation company that runs the transport
line. This article will explain the most important differences between the law
that applies to public transportation companies and the rules in most standard
personal injury cases.
The 'Common
Carrier' Law
Most personal injury cases are based
on negligence rules; the injured person must prove negligence in order to win the case.
Public transportation injury law is still
based on negligence, but public transportation companies in some states may be
subject to what is called the "common carrier" law.
In many states, common carriers owe their passengers
a higher degree of care than the average person does. The injured person must
still prove that the public transportation company was negligent in order to
win the case. But in many states, common carriers are said to owe their
passengers a higher degree or even “the highest degree of care” to provide
safe means and methods of transportation for them.
In other words, the common carrier’s duty
to act reasonably to take care of its passengers is greater than the average
person’s duty to act reasonably. But, even though the common carrier may owe
this higher duty of care, the injured
person must always prove negligence.
Claim
Procedure And Statute Of Limitations
The second important distinction between
public transportation law and standard personal injury law has to do with the
procedure for bringing a claim against a public transportation company.
Because public transportation companies are
state or municipal agencies, special state laws (usually called State Tort
Claims Acts) apply to claims brought against them. There will almost always be
time and notice deadlines for filing injury claims against a government
entity like a public transportation company. These deadlines differ from
state to state, but can include the following:
·
a short (six months or even less) deadline
to notify the public transportation company in writing of the precise
circumstances of your accident
·
a shortened deadline for filing a lawsuit
(the statute of limitations) against the public transportation company
These requirements are applied more
strictly in some states than in others. In some states, your claim will be
barred if you send your notice to the wrong municipal department, even though
it might just be down the hall from the correct department. Moreover, you have
to make sure that you make your claim against the proper governmental entity in
the first place. To make sure that you satisfy all of your state’s notification
requirements, if you got hurt on public transportation, you should contact a
personal injury lawyer as soon as possible.
Limits on
Damages in Public Transportation Injury Claims
Unfortunately, most states have caps or
limits for injury claims against state or municipal agencies such as public
transportation companies. These limits will also differ from state to state,
but can be very low, sometimes $100,000 or less.
For more information on your rights in a train accident, please consider reaching out to a Washington Train Accident Attorney or a Washington Wrongful death attorney.
You can reach me directly at Scott@dcseattle.com or via phone at (206) 306-4034. This is my personal cell number. I will respond to text, emails or calls.
Our Office:
DC Legal, PLLC
150 Lake Street S. Ste 209
Kirkland, WA 98033
T: 425.889.9300
Wednesday, September 28, 2016
Washington PIP denial by Insurance Carrier
In a Washington Personal Injury claim, every case prior to denying a claim for PIP (Personal Injury Protection) benefits, the insurance carrier must provide the a written explanation of coverage under the policy, and include a notice that the carrier may deny, limit or terminate benefits if the carrier determines that the medical or hospital services are to be covered.
The PIP carrier can deny, limit or terminate PIP benefits if the treatment is considered:
1. Not reasonable;
2. Not necessary;
3. Not related to the accident; or
4. Not incurred within 3 years of the accident.
2. Not necessary;
3. Not related to the accident; or
4. Not incurred within 3 years of the accident.
The PIP carrier’s decision to deny, limit, or terminate the claimant’s PIP benefits must be based on the review and opinion of a medical or healthcare professional. Note that a Independent Medicine examine ('IME') will likely be requested by the carrier.
The term "medical or health care professional" does not include an insurance company's claim representatives, adjusters, or managers or any health care professional in the direct employ of the insurer.
If the claimant is being treated by more than one health care professional, the review shall be completed by a professional licensed, certified, or registered to practice in the same health field or specialty as the principal prescribing or diagnosing provider, unless otherwise agreed to by the insured and the insurer. Please note this doesn't prohibit the insurer from providing additional reviews of other categories of professionals.
The insurance company’s explanation for deny PIP benefits must be so that the claimant will not need to resort to additional research to understand the reason for the action. A simple statement, for example, that the services are "not reasonable or necessary" is not sufficient.
For more information as regarding your rights in a Seattle Personal Injury Accident, please consider contacting a Seattle Personal Injury Attorney.
Our Firm:
520 Kirkland Way, Ste 103
Kirkland, WA 98033
T: (425) 889-9300
www.seattledclegal.com
Wednesday, June 15, 2016
Disputing (diminished) valuation of your vehicle after an Accident in Washington State
How to file a
diminished value claim after an accident.
Many of our clients
who need assistance maximizing a Seattle Personal Injury Claim often find
its not worth engaging an attorney fight for their auto claim because of the
costs and expenses of litigation. That said, we thought we would share some
helpful tips on what to do if you find yourself in disagreement over the
valuation of your vehicle as well as some helpful tools:
What is diminished value?
Diminished value is the difference (if any)
between the market value of your undamaged car before an accident and its
market value after you have it repaired.
Who to file the claim against
In Washington, you’ll file a diminished value claim
against the insurer of the at-fault party and not your own insurer.
What you need to do
If you decide to file
a diminished value claim, you’ll need to prove your claim with supportive
documentation. Some car owners file a claim on their own or hire a private
company to document the lower value. Even then, an insurer may argue against
it. Its important to have as much documentation as you can have including
opinions from local dealerships as to the value of your vehicle pre-collision
and post-collision (even with the repairs).
The insurer doesn't
automatically pay you for diminished value. It's subject to proof that your
car's market value decreased even after repairing it. If you plan to file a
claim for diminished value, we recommend you talk to your claims adjuster.
Another helpful source in the Washington State Insurance Commissioner. Please see their link below on helpful contact information:
For more information on your rights on your rights in a
Seattle Auto Accident, consider contacting a Seattle Auto Accident Attorney.
Our Firm:
DC Legal, PLLC
520 Kirkland Way, Ste 103
Kirkland, WA 98033
T: (425) 889-9300
Washington Auto Accident Valuation Dispute Overview
If you have ever been in an accident and had the insurance company low ball you, you know that this is a tough part of the law if you don't know how to effective argue these items.
In accidents that include personal injury claims,
as well as auto claims, the two issues will typically involve two different
negotiation processes. Here is an overview of what you need to know with the
automobile valuation should you happen to disagree with the insurance company
valuation.
How is the value of the car determined/disputed?
Governing Law: WAC 284-30-391
Unless insurance company and insured can agree on
value, an insurer must settle the insured’s total loss claim by using one of
following three methods:
1) Offering replacement with an available and comparable care in the insured’s area
1) Offering replacement with an available and comparable care in the insured’s area
Replacement vehicle must be a (1) comparable
vehicle, (2) available for inspection within a reasonable distance from where
the totaled vehicle is normally parked.
2) Cash Settlement Based on “Actual Value” of Comparable Cars in the insured’s area
The insurer must determine the “actual value” of a comparable vehicle, minus the deductible. The insurer must determine the actual cash value is by using one of the following methods:
2) Cash Settlement Based on “Actual Value” of Comparable Cars in the insured’s area
The insurer must determine the “actual value” of a comparable vehicle, minus the deductible. The insurer must determine the actual cash value is by using one of the following methods:
a. The actual cash value of a
comparable vehicle in area where loss vehicle is normally garaged.
b. Using two or more licensed dealer quotations of a comparable vehicle by dealers located within 150 miles of area where loss vehicle normally garaged
c. The actual cash value of two or more comparable vehicles advertised for sale within 150 miles of area where loss vehicle is normally garaged.
d. A computerized source that must meet the criteria within WAC 284-30-391(2)(iv)
e. If no methods in a-d provide an actual cash value, search area may be expanded in 25 mile increment, not to exceed 150 miles without permission of the claimant
f. If the insurance policy has an appraisal provision, either party may invoke it to determine actual cash value
b. Using two or more licensed dealer quotations of a comparable vehicle by dealers located within 150 miles of area where loss vehicle normally garaged
c. The actual cash value of two or more comparable vehicles advertised for sale within 150 miles of area where loss vehicle is normally garaged.
d. A computerized source that must meet the criteria within WAC 284-30-391(2)(iv)
e. If no methods in a-d provide an actual cash value, search area may be expanded in 25 mile increment, not to exceed 150 miles without permission of the claimant
f. If the insurance policy has an appraisal provision, either party may invoke it to determine actual cash value
The insurer must add to the
actual cash value any applicable taxes, license fees and other fees that
would have been incurred by the insured if he had purchased the loss. (WAC
284-30-391). After the actual cash value, sales tax and applicable
pro-rated taxes and fees are added together, the insurance company deducts
the salvage value from the total amount.
Tip from the Office of the Insurance
Commissioner: To
find out if the amount the insurer offers you is a reasonable estimate of the
retail market value, ask the insurer for a “total
loss valuation report.” This report shows the comparable auto data the
insurer used to calculate your vehicle’s value. Insurers aren’t required to
provide it without being asked, so be sure you request a copy.
For more information on Seattle Auto Accident Help, consider contacting a Seattle Auto Accident Attorney.
Our Firm:
520 Kirkland Way, Ste 103
Kirkland, WA 98033
T: (425) 889-9300
Tuesday, May 10, 2016
Seattle Bike Accident Overview
Seattle Bicycle Accidents: No
Presumptive Liability for Drivers
Bicyclists Hit by a Motor Vehicle have the Initial Burden of
Proving Liability
In personal injury cases, such as when a driver of a motor vehicle
is injured by another driver, the plaintiff normally has the initial burden of
proving that: (1) the defendant was negligent; (2) the plaintiff was injured;
and (3) that negligence of the defendant was a proximate cause of injury to the
plaintiff. The plaintiff must prove these facts by a ‘preponderance of the
evidence,’ which equates to a more-likely-than-not standard.
The law provides certain exceptions to this initial burden,
however, such as when a following vehicle collides with the vehicle in front of
it, in which case negligence on the part of the following driver will be
presumed. Interestingly, the law provides no exception for this burden of proof
in the case of collisions between bicyclists and motor vehicles. Subject to
only narrow exceptions, bicyclists who are hit by a motor vehicle still have to
meet this initial burden of proving liability on the part of the motor vehicle
driver.
Washington statute provides the default rule that bicyclists are
subject to the same laws as motor vehicles, explaining that:
Every person riding
a bicycle upon a roadway shall be granted all of the rights and shall be
subject to all of the duties applicable to the driver of a vehicle… except as
to special regulations of this chapter… and except as those provisions of this
chapter which by their nature can have no application.
RCW
46.61.755. One notable case-law exception to this general rule is that a
bicyclist in a crosswalk is not subject to general traffic rules and is
entitled instead to the protections of a pedestrian.[1]
Should the Law Create a
Presumption of Liability for Drivers?
While
the plaintiff’s initial burden of proof is likely appropriate in the context of
a collision between two motor vehicle drivers, some commentars argue that this burden is inappropriate for
collisions between cyclists and motor vehicles. The Washington Bike Law organization,
for example, argues that, by presuming liability of motor vehicle drivers who
collide with cyclists, the law would:
· (a) take
into consideration the power imbalance between motor vehicles and bicycles;
· (b) increase
bicycle ridership; and
· (c) account
for the fact that many bicyclists suffer memory loss because of head injuries
and have difficulty meeting their burden of proof.[2]
Lobbyists are pursuing efforts to sponsor legislation that creates presumptive
liability for motor vehicle drivers who collide with bicyclists or pedestrians.
Presumptive
liability for motor vehicle drivers is not a concept unique to the United
States. On the contrary, several European countries have adopted legal systems
where motor vehicle drivers are presumed liable in collisions with pedestrians
or bicyclists, including the Netherlands, Spain, Sweden, Germany, Belgium and
France.
Opponents
of imposing presumptive liability on drivers argue that our legal system is
based upon the presumption of innocence, and that presumptive liability
violates this basic principle. Furthermore, opponents highlight the fact that
Personal Injury Protection (PIP) is fairly common in Washington, and provides
no-fault injury coverage for medical treatment, thereby avoiding injustice
while the injured bicyclist or pedestrian argues his/her case.
Conclusion: Be Aware of
Your Rights and Responsibilities
This
concept of presumptive liability will likely be debated in the future, as urban
cities shift towards alternative modes of transportation to adjust for growing
populations and limited space. With no change to the law apparent in the near
future, however, it is important the bicyclists involved in a collision with a
motor vehicle understand that they have the same general rights and
responsibilities as motor vehicle drivers. This means that an injured bicyclist,
much like an injured motor vehicle driver, will have the initial burden of
proving liability.
The
same common recommendations for injured motor vehicle drivers therefore apply
to injured bicyclists:
e 1) exchange
information with the other party;
· 2) talk
to witnesses and get their contact information;
· 3) take
pictures if possible;
· 4) keep
track of any medical treatments received after the collision.
If you are injured in a Bike Accident, consider contacting a Seattle Bike Attorney.
Our Firm
520 Kirkland Way, Ste 103
Kirkland, WA 98033
Tuesday, March 29, 2016
PIP Coverage in Washington State
Many of our clients encounter the concept of ‘Personal
Injury Protection’ (“PIP”) if they are in a car accident and need immediate
medical care. We’d like to explain exactly what it is, how it works and why its
an important part of every insurance plan.
What is PIP?
PIP is a part of your insurance policy that covers (up to
certain limits) medical expenses, wage loss, loss of services, and funeral
services and it applies no matter who is at fault.
Is PIP required?
PIP is not required, but Washington Law does require that
your insurance offers it to you. If they do not offer it to you and receive a
rejection in writing, your company must add it to your policy and charge you
for it. Sometimes, even if its not a part o your policy the insurance company must
honor it post - accident if they cannot provide something in writing that the
coverage was waived.
How it works:
If you are a ‘named insured’ are injured, PIP coverage kicks
in. It covers 1) persons named on the policy; household residents related by
blood, marriage or adoption, as well as any non-family passenger and
pedestrians involved in an accident.
Why its important.
Should you find yourself in an auto accident where injuries
are incurred, PIP will pay for your medical care as you negotiate with a liable
parties insurance company. If you don’t have it, you will have to pay these
costs out of pocket thus potentially prohibiting the quality of care in your
recovery.
For me information on your rights in a Seattle Auto Accident, please consider contacting a Seattle Personal Injury Attorney.
Our Firm:
520 Kirkland Way, Ste 103
Kirkland, WA 98033
T: (425) 889-9300
Monday, March 28, 2016
Seattle Auto Accident Insurance Policy basics:
In assessing an insurance claim for a Washington
Auto Accident, it’s important to know the various types of insurance that you may encounter.
Auto insurance
coverage is typically broken down into separate components:
Liability coverage: This provides protection for claims made
against an insured, where the use of an insured vehicle caused bodily injury or
property damage to someone else
Medical payments coverage or personal injury protection (‘PIP’):
This provides coverage for various medical expenses incurred by the insured and
others as a result of an accident, regardless of negligence or liability on the
part of the insured
Collision coverage: This provides coverage for losses that the
insured suffers as a result of damage to his or her covered vehicle
caused by a collision
Other-than-collision (also known as comprehensive) coverage:
This provides coverage for losses that the insured suffers as a result of
damage to or loss of a covered vehicle not caused by a collision (e.g.,
fire, theft, vandalism, falling objects, explosion, earthquake, flood, and
civil commotion)
Uninsured motorist coverage: This provides coverage for losses
that the insured and others sustain when injured through the negligence of an
uninsured or unidentified hit-and-run motorist
Underinsured motorist coverage: This provides coverage for
losses that the insured and others sustain when injured through the negligence
of a motorist who has liability insurance, but the limit of that insurance is
insufficient to pay for damages.
If you are injured by another party in an Seattle Auto Accident, the insurance that will pay for your damages is the other drivers Liability coverage. That said, your PIP coverage will pay your medical bills while the other claims are settled.
If you are in need of a assistance, consider contacting a Kirkland Auto Accident Attorney.
Our contact:
520 Kirkland Way, Ste 103
Kirkland, WA 98033
(425) 889-9300
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