Legal Question in Personal Injury in Washington

Legal Minefield

I was in a auto accident,the liable party has minimal coverage 25,50.I have um coverage /as well as the persons car i was driving. I want to try and settle the minimum case myself so as not to give up a contingency, but have been advised the following.How should the realse be worded, is there a resource material?What written approvals are ther and again is there a resource?

The Insurance policy is going to require a Release before thet will agree to a settlement. If the Release is not worded properly you could end your opportunity to proceed against any other insurance policy. There are also legal requirements for obtaining written approvals from your own insurance carrier if you want to preserve your UM/UIM claim.


Asked on 9/06/06, 12:14 am

3 Answers from Attorneys
Ryan Nute Myers & Company, P.L.L.C.

Re: Legal Minefield

You're on the right track. There are a number of considerations that are important when deciding to settle a personal injury claim. In the UM/UIM setting,it is important to obtain the UM/UIM carrier's consent to releasing the at-fault driver. Failure to do so could jeopardize your UM/UIM claim. If you decide you would like legal assistance with your case, feel free to get in touch.

Read more
Answered on 9/06/06, 12:38 am
Michael Myers Myers & Company

Re: Legal Minefield

I agree with Ryan. You must offer your UIM carrier the right to purchase your claim against the at-fault driver (under a case called Hamilton) otherwise you can lose your right to seek benefits under the UIM policy. We would be happy to handle the case and only take a fee on the UIM portion of the claim.

Read more
Answered on 9/06/06, 1:02 am
Bruce Busch Bruce R. Busch, Attorney at Law

Re: Legal Minefield

I'm going to be a bit less politically correct than my comrades. Get an attorney. They will most likely be able to more than recover the difference between what you settle for and what they could have obtained. I'm all for "do-it-yourself" projects but you wouldn't perform brain surgery on yourself (I don't think, anyway) and in a subject that you are not well-versed I think you would be wise to reconsider your decision. The previous responders seem like fine attorneys to handle the matter. I won't suggest myself after I have strongly urged you to reconsider self-representation.

Read more
Answered on 9/06/06, 12:44 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Washington