I handle car accident cases (from the victim’s side), some insurance contract claims like PIP or UM/UIM claims and premises cases such as trip/slip and falls in both WA, OR, and AZ. I also handle and dog bite cases in WA and AZ. I provide Mediation and Arbitration services in WA and OR.
In Oregon and Arizona, the statute of limitations is 2 years, generally speaking, and in Washington it is 3 years. Sometimes, other time limits may apply as in the case of a UIM case, a dram shop case, a case against a public body, or minors’ cases. So, it’s always wise to consult an attorney early on. That said, it’s not uncommon cases would resolve well before the statute of limitations forces you to file a lawsuit. It is largely dependent on the nature and extent of your injuries and how long it takes to obtain all documents to support your claim (usually medical records).
I generally charge a contingent fee of 1/3 for most cases. That means all consultations and services are included in the % I collect at the end of your case. This prevents you from having to pay up front and hourly for representation. So what I am paid is largely dependent on the “value” of your case.
Make sure everyone is OK. Depending on severity, call law enforcement. Take pictures of the scene with your cell phone and of the other driver’s license and insurance card. Wait for law enforcement if they are going to respond. Do not admit fault at the scene. Obtain witness information if there is any. When you are cleared by the police or have obtained all information needed, either have your car towed or drive your car home. If you are injured, going to the doctor is advised. Report the accident to your insurance company and DMV online. If you have PIP (mandatory in OR, waivable in WA, or med/pay in AZ), get a claim # from your insurance company to give to any medical providers. You will want to get your car fixed either through the at fault insurance company or your own (subject to deductible) within the first few weeks post-collision if possible, especially if the car is towed to a car lot as storage fees may accrue. Call a PI lawyer to talk about your options/case. We don’t charge initial consult fees because we are pretty much all paid on contingency!
Call your insurance company!! A claims adjuster will handle the claim for you and if you do get sued, promptly provide any documents to your insurance company so that they can assign you a lawyer. If you do not have insurance, you will likely need to pay a lawyer on an hourly basis to represent you or at least advise you.
Insurance companies only have to pay fair market value of your vehicle. In the case of a newer car, if you owe more than the fair market value on the car, the difference might be covered by GAP insurance, usually purchased at the dealership with the car.
Maybe. It largely depends on the value of your car and the extent of the damage. If you have frame damage, and your car is reported to have salvaged title, you may have a claim to diminished value and you may need a special estimate to determine the exact amount. Whether the insurance company is happy to pay that full amount is another issue entirely.
Anything relating to the accident. Be ready to walk me through a diagram of the scene (know road names), names of all parties and witnesses, insurance company names and claim numbers, pictures, police report, a list of medical providers you have seen, your health insurance information and your declarations page.
You are wise to consult with an attorney first if possible. Generally speaking, you have a contractual duty to cooperate with your own insurance company to provide general facts about the accident, and supply them with medical records and wage documentation if you are making a PIP claim. You have no similar duty to an adverse insurance company and I usually advise you don’t speak to them directly without an attorney other than for basic information if needed.
In Oregon, you have 72 hours to file an accident report form if you meet the threshold requirements. In Washington, you have 4 days. Don’t panic if you haven’t done it, just do it as soon as you can and keep a copy!
https://www.wsp.wa.gov/driver/collision-records/
https://www.oregon.gov/odot/Forms/DMV/32fill.pdf
In WA and AZ, homeowner’s insurance of the dog owner will generally cover dog bite damages. They are both considered strict liability states where you don’t have to prove negligence to recover damages. Sometimes there are exceptions by breed, so you need to get a copy of the homeowner’s insurance policy if possible to determine coverage. In OR, homeowner’s insurance doesn’t generally cover the damages, but you can file a claim directly against the owner.
In Oregon, if you are determined to be over 50% at fault than the other driver/party, then you will not be able to get any damages from the other party. If you are less than 50% at fault, then you can collect the % of damages minus your own % contribution. In WA and OR, you can collect any % of damages from the other party that you are not at fault for, without regard to the 50% rule like in Oregon.
Usually, you have to sue the at fault person, not the insurance company directly. Then the insurance company pays for the lawyer will represent him/her. In the case of an uninsured driver, or PIP dispute, sometimes your claim is against the insurance company directly.
You can always switch companies, and in WA, it’s worth looking at things insurance companies sometimes do that might qualify as “bad faith.” You may have a 1st party bad faith claim against your insurance company for various things, and I’d suggest you consult a lawyer to screen for these and/or check out the WA State Insurance Commissioner website. Arizona also has “bad faith” laws and it is worth consulting with a lawyer about specifics. Oregon has recent case law involving “bad faith”, but it is an evolving area. You may have other legal recourse and you should consult a lawyer based on the specifics of your complaints.
The PIP insurance of the car you are riding in pays your medical bills first and if/when they exhaust, your own car insurance PIP should cover your bills, and if that expires or exhausts, your health insurance would pay next. In Arizona, you will need to check for available med/pay, which is similar to PIP, to pay your medical bills.
In Oregon, generally you have $15,000, but occasionally people carry higher limits, so you always want to consult the declarations page of your insurance policy. In Washington, the minimum is $10,000, but it can be waived. If the insurance company says you waived it, ask for a copy of the signed waiver. You can also pay for higher limits in WA and need to consult your policy for specific coverages. In Arizona, there is no PIP, but there is med/pay. It is an optional coverage and amounts vary.
Generally speaking, yes. PIP and health insurance pay medical bills up front and if an accident is the fault of someone else, they expect to be reimbursed eventually. In WA, if you hire an attorney, generally the attorney will get them paid back as part of your claim. In OR, it’s more common that PIP would seek its reimbursement directly from the at fault insurance, but the attorney will still likely handle health insurance reimbursement if there is any owed. The rules around health insurance reimbursement are complex and differ if it is Medicare or an ERISA plan. You are advised to seek legal advice for specifics in this area. Below is a good link explaining PIP subrogation by state.
Arbitration is generally an alternative court process once a case is filed in court. The opinion is binding, though often appealable to a judge. Mediation is more informal and is a way to try and resolve disputes without direct court involvement. In arbitration, an arbitrator decides a case after hearing both sides. A mediator’s job is to facilitate an agreement between the parties. They may write up the mediated agreement, but they don’t decide the case like an arbitrator does.