Car accidents are terrifying and traumatic for all involved, especially when they cause serious injuries. Even if you did not cause the accident, it’s important to hire a car accident lawyer. A Marysville car accident attorney protects against the possibility of an insurance company assigning you an undue portion of fault and ensures that you recover the maximum compensation available under Washington RCW 4.22.070. The law states the following:
“In all actions involving fault of more than one entity, the trier of fact shall determine the percentage of the total fault which is attributable to every entity which caused the claimant’s damages …”
Although the “trier of fact” may eventually be a judge if a Washington car accident case goes to court, first, it is the insurance company.
How Do Insurance Companies Use the Comparative Negligence System to Protect Profits In WA Car Accident Claims?
Insurance companies assign adjusters to investigate car accidents to determine each involved driver’s percentage of liability. The state’s car accident laws allow the insurance company to reduce the amount they pay to an injury victim by subtracting the injury victim’s percentage of fault from the amount they have to pay on the claim. For example, suppose a driver is injured when another driver runs a red light and hits them at an intersection. It would seem that the driver who ran the red light is 100% at fault. But what if the insurance company claims that the injured driver was 25% at fault because they were exceeding the speed limit by five miles per hour? In this case, they could reduce a $100,000 claim for damages to a $75,000 payout.
Why Does a Washington Car Accident Victim Need a Lawyer?
Insurance companies use common tactics to minimize the amount they have to pay out on claims, especially when a car accident victim suffers a serious injury with costly impacts, such as medical expenses, lost earnings, and significant pain and suffering. In the worst cases, a car accident results in catastrophic losses, such as permanent disability or disfigurement. Unfortunately, insurance companies often protect their profits at the injury victim’s expense by doing the following:
- Assigning an unwarranted percentage of fault to an injury victim so the insurance company can subtract the victim’s percentage of fault from the final payout on the claim
- Offering a fast, lowball settlement before an accident victim knows the full extent of their damages
- Calling on a recorded line to take words out of context to use against the injury victim later
- Claiming that the doctor’s recommended treatment isn’t necessary for the injury
- Asking for a medical authorization to review a victim’s injury record and then combing through their medical history to blame the car accident injury symptoms on a previous injury or pre-existing condition
- Claim that their policy wasn’t in place when the accident occurred
Insurance companies also delay claims to keep the amount accruing interest in the company’s account instead of yours for as long as possible. Make sure to speak with an insurance bad faith attorney in Lake Stevens if you are unsure.
How Does a Washington Car Accident Lawyer Help?
A car accident attorney protects an injury victim’s rights by conducting an independent investigation of the accident to compile evidence of the at-fault party’s liability, and by defending against typical insurance company tactics. A car accident lawyer will consult with medical experts to carefully calculate your damages to maximize the amount of your claim. If other parties contributed to the accident, your lawyer will also pursue compensation from them. For example, if a negligent road maintenance agency left a large pothole unrepaired, and it contributed to the cause or severity of the accident.
When you hire a Marysville personal injury lawyer after a collision in Washington, your attorney handles all communication with the insurance company and represents you in court if the case requires a lawsuit. Contact us today for a free consultation.