Legal Question in Personal Injury in Washington

Accident Fault

One year ago I was in a fault contested accident. I had the green arrow light. The other driver said he had a green light. He hired a lawyer, I did not, and my insurance started paying him. Have I lost my right to contest because my insurance started paying? He was uninsured and speeding and after a year now claims he needs surgery.

Asked on 10/20/08, 9:46 pm

1 Answer from Attorneys

Sam Hochberg Sam Hochberg & Associates

Re: Accident Fault

From what you've said in your short note, your right to pursue a claim against the other driver has not been compromised. But, because your insurance company is paying on the other driver's claim, as a practical matter, it makes it more of an uphill battle in convincing the adjuster on the OTHER side (the other driver's insurer) from deciding to pay you. In other words, you're likelier to have to file a lawsuit to get anywhere on your claim.

If you haven't already done so, see a competent personal injury lawyer in your area, to get the case analyzed by someone who would fight for your side. Find out about the statute of limitations that is applicable to your claim as well. With some exceptions, if this was a WA accident, the statute is THREE years, meaning that if the claim isn't settled by the 3-year anniversary of the accident, you must have a proper lawsuit filed in the appropriate court by that date or the courts will tell you it's too late.

Best of luck to you.

-- Sam

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Answered on 10/20/08, 10:03 pm

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