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Articles Posted in Car Accident

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Washington Car Accident Settlement Agreement Requires Mutual Assent

Following a Washington automobile accident, insurance companies often rush to settle with any injured victims.  When injury victims settle too quickly, they may not be fully compensated for their injuries. If the injury victim settles with the insurance company and agrees to release the other driver from all claims, he…

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Washington Appeals Court Allows Negligence Case Against School District for Student’s Death to Proceed

In a Washington negligence case, the plaintiff must prove the defendant breached a duty of care and that the breach was the proximate cause of the plaintiff’s injury.  Generally, there is not a duty for one person to prevent someone else from causing injury to another person, but there may…

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Wrongful Denial of PIP Benefits Can Give Rise to Washington Consumer Protection Act Claim

Unfortunately, in some cases, a Washington car accident victim’s biggest adversary may be his or her own insurance company.  Washington automobile insurers must offer personal injury protection (PIP) coverage to their policyholders.  PIP provides no-fault coverage for the insured’s medical expenses arising from an automobile accident.  Insurers must conduct a…

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Washington Underinsured Motorist Insurer Does Not Have to Turn Over Litigation Materials in Bad Faith Case

Following a Washington automobile accident, a seriously injured person may have to deal with various insurance companies. Although dealing with an insurance company can be difficult, insurers are prohibited from acting in bad faith or engaging in unfair practices.  If the insurer does act improperly, the claimant may be able…

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Washington Court Finds Bicyclist Was Not a Pedestrian Under His Insurance Policy

In a Washington automobile accident, an injured person may have some coverage through his or her own insurance policy.  This first party coverage may include personal injury protection (PIP), which includes medical expenses and lost wages.  When filing a claim against your own insurer, the terms of the policy, including…

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Failure to Mitigate Damages in Washington Personal Injury Case

Photo Credit: DedMityay / Shutterstock.com A defendant in a Washington personal injury case may try to limit damages by alleging the plaintiff failed to mitigate damages.  A defendant seeking a failure to mitigate jury instruction must show that the plaintiff acted unreasonably in deciding on treatment when there were alternative…

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Vicarious Liability in Washington Automobile Accidents

Photo Credit: tonkid / Shutterstock.com An employer may be held vicariously liable for the negligence of its employees in a Washington automobile accident case when the employees are acting within the scope of their employment.  An employee is acting within the scope of employment when engaged in the performance of…

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Washington Court Dismisses Auto Accident Case Mistakenly Filed Against Driver’s Mother

In Washington, drivers involved in an accident resulting in injury must stop at the scene and remain there to give their name, address, insurance information and vehicle license number to the other driver, passengers or anyone who was struck or injured.  Pursuant to RCW 46.52.020, drivers must also show their…

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