The tumultuous days after a car accident in Washington are filled with emergency room treatment, medical procedures, and often consultations with specialists dealing with the specifics of the injuries. In the midst of the physical trauma of a Washington car accident, there are legal requirements also, such as obtaining a police report and filing a car accident claim to recover damages for medical expenses, lost wages, and compensation for pain and suffering. Understanding how the Washington car accident claim process works with the help of a car accident lawyer in Everett helps an injury victim know what to expect as they move forward.
Gathering Evidence Under Washington’s Fault-Based Insurance Law
Washington is a fault-based insurance state that requires car accident victims to prove another party’s fault for the accident to recover compensation from the at-fault party’s insurance company. The state’s pure comparison negligence law allows car accident victims to recover a portion of their damages even if they were partly at fault for the accident. Under Chapter 4.22 RCW, the law states the following:
“In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery.”
The injury victim has the burden of proving fault by presenting evidence such as copies of their police accident report and medical report and any evidence gathered at the scene, like photos, videos, and the names of other drivers and eyewitnesses.
When much is at stake due to extensive damages, many car accident victims in Washington hire attorneys to investigate the accident.
Hiring an Attorney for an Investigation
Because a car accident victim must prove another driver’s fault to fully recover their damages, hiring an experienced attorney may be essential. Insurance companies assign their adjusters to the case with the express purpose of lowering the amount they must pay on a claim—often by assigning an undue percentage of fault to the injury victim to diminish the amount they must pay on the claim by that percentage under the law. An attorney can present compelling evidence to counteract claims of fault when appropriate to allow an accident victim to recover the maximum compensation available to them.
Negotiating With the At-Fault Party’s Insurance Company
A car accident lawyer investigates the accident to determine the cause, often by consulting with accident reconstruction experts as well as examining the available evidence. After they document clear evidence of liability and carefully calculate a list of damages, they send it in a demand package to the appropriate insurance company. This generates a series of negotiations as both sides seek a settlement. In some cases, all involved parties attend mediation sessions to attempt to reach an agreement.
About 95% of car accident cases are resolved through a settlement. Only when an insurance company fails to offer an adequate settlement or disputes, delays, or denies a claim does the case go to court in a lawsuit.
Filing a Lawsuit When Necessary
If unable to reach an ample settlement agreement, a Washington car accident victim may choose to go to court. A lawsuit petition for personal injuries in a car accident claim must be filed within Washinton’s three-year statute of limitations.
Although the lawsuit process in court takes longer than a settlement agreement, sympathetic juries often side with the injury victim and decide in their favor with a large monetary award.
Do I Really Need a Lawyer for a Washington Car Accident Claim?
A simple claim for property damage to a vehicle may not require the help of a lawyer, but if you or a loved one suffered serious injuries with medical expenses, income loss, and possible long-term effects on physical and financial well-being, you deserve an experienced personal injury attorney in Everett safeguarding your best interests throughout the process. Contact the Washington car accident lawyers at Wells Trumbull today so we can take action on your behalf.