When Washington car accident victims apply for no-fault benefits from their own insurer, they may not consider that the information contained in the application could affect their claim against the at-fault driver. In a recent case, however, the information in the application played a significant role at trial.
This case involved an eight-year-old boy who was struck by a van. The defendant stopped and got out of her van when she heard a noise and felt the van jump. An eight-year-old boy was lying on the ground near a pickup truck. The van had run over one of his legs.
At issue in the appeal was the admissibility of an application for no-fault benefits. The boy’s mother speaks only Spanish. A law firm helped her apply. She signed a blank application for PIP benefits, and a legal assistant filled it in later. The legal assistant used the police report in completing the form and wrote that a “child on a bike rode into the road…”