Car accidents are a major contributor to the number of disabled Americans, including in Washington, where car accidents are the leading cause of trauma, according to the Washington State Injury and Violence Prevention Guide. Suffering the pain and trauma of a car accident is always a terrifying experience, but it’s even more devastating when an injury victim learns that the accident has left them facing permanent disability. That’s why it’s so important to work with an experienced car accident lawyer in Lake Stevens.
Determining Fault In a Washington Car Accident Case Ending In Disability
Unlike the small number of states with no-fault car accident laws, Washington is a pure comparative negligence state where it matters who is responsible for an accident. If you caused the accident that left you disabled, you cannot obtain compensation from the other driver’s auto insurance or your own. Instead, you’ll have to rely on other avenues, such as government disability payments. In fact, if you caused the accident, your insurance only pays for damages to the motorists in the other vehicle if the crash was a collision.
If another driver caused the accident, they are liable for your damages, including the following:
- Property damage to your vehicle
- Medical expenses and future medical costs
- Lost earnings
- Future income loss and compensation for reduced earning ability
- Out-of-pocket costs for adaptive equipment and household services
- Compensation for pain and suffering
- Compensation for catastrophic injuries, loss of enjoyment of life, or diminished quality of life (this is common in disability claim cases)
In some cases, a person who suffers permanent disability from a car accident can recover compensation for emotional damages like PTSD, anxiety, and depression.
What If My Permanent Disability Costs Exceed the Insurance Limits?
Insurance policies are meant to cover injury-related damages as well as property damage after an accident, but the majority of drivers carry only the minimum required liability insurance. In Washington, the minimum coverage only provides $25,000 in bodily injury protection. This policy limit restricts the amount you can recover from the at-fault party’s insurance. Fortunately, it doesn’t have to end there. In these cases, an experienced car accident lawyer will exhaustively seek additional compensation through one or more of the following options, depending on the unique circumstances of the accident:
- Filing a personal injury lawsuit against the at-fault driver if they have significant resources
- Filing a claim against the injury victim’s uninsured/underinsured motorist coverage, if they chose to keep this coverage as part of their auto insurance policy (Washington requires all insurance providers to include this in standard coverage, but drivers may decline it with a signed waiver)
- Filing a claim against a third party who contributed to the accident, such as a negligent road maintenance agency for leaving a dangerous pothole, a negligent road work contractor who left obstacles in the roadway, or a road-planning agency responsible for a confusing intersection
- Filing a product liability claim if a seatbelt or airbag malfunction contributed to the severity of the injury and disability, or if a vehicle’s flawed design contributed to the injuries
- Filing a claim against an umbrella policy carried by the at-fault driver, if they have this coverage under another policy, such as through their property insurance carrier
Finally, if an insurance company fails to live up to the terms of its contract, a disabled car accident victim in Washington can sue the insurer for bad faith insurance actions, recovering additional compensation through a lawsuit against the insurance company. Contact a Lake Stevens injury lawyer today for legal guidance.