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Make A Successful Car Accident Claim

Posted on: February 3rd, 2021 by Timothy Hendershot

A successful claim starts the moment after a car accident. Here’s how it works.

Nobody ever wants to be in a car accident. It’s scary, painful, and expensive. But filing a successful insurance claim starts the moment after the accident. Here are some tips to help you deal with the insurance and financial aftermath of a car accident.

Call the Police

The first thing you need to do, if you have been in an auto accident, is call the police. The surest way to remember all the details of the accident is to have the police record all the information in an accident report. When it comes to the facts of the accident, this type of documentary evidence is the most acceptable by both the courts and the insurance companies.

Seek Medical Assistance

Seek medical help if you have been hurt, or even if you feel fine. Some injuries, such as injuries to the soft tissue of the neck and back, only become evident weeks after an impact. Allow paramedics at the scene to treat you and if you are told to get further treatment, be sure to follow through. These records will be essential to establish a claim for medical expenses or for personal injury.

Inform Your Insurance Company

As soon as you can, preferably within 24 hours, call your insurance company to notify them of your accident. Take as many photos of the scene, and the vehicles involved, as you can with your cellphone or other camera. Try to photograph of the scene and the cars from every angle as these may be the only photos of the scene. Make a note of the physical damage to your vehicle, any personal injuries, medical bills and lost time and wages from work. If you are not going to make use of the assistance of an attorney, then, at this point you need to file an accident claim with your insurance company. Carry out any instructions from your insurance company and regularly check the progress of the claim with your contact person at the insurance company.

The at fault party’s insurance company may attempt to settle your claim as soon as possible. First, you have no obligation to give the at fault party’s insurance company a recorded statement and in many cases what you say will be used against you. Importantly, be incredibly careful about accepting the first offer and signing your rights away by signing a release of claim. Once you accept the offer and sign the release you will no longer be able to go back and renegotiate. Examine the offer to settle very carefully, if possible, with the help of a personal injury attorney who is experienced and familiar with the settlement procedures used by insurers.

Should you have any questions, our personal injury attorneys are familiar with automobile insurance settlement and claim procedures and would be more than happy to assist you. Please give us a call at Cunnane Law in Edmonds WA.

Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.

Safety Tips for Winter Driving in Washington State

Posted on: January 20th, 2021 by Timothy Hendershot

Prevent personal injuries with our winter driving tips.

Some of the most beautiful areas of the Pacific Northwest are here in Washington State. The only snag is that in poor weather driving can be difficult, dangerous or even deadly. Getting to work, school or anywhere else can become far more dangerous in the rain, snow and on the icy roads. Unfortunately, not every driver drives safely, whatever the weather, and a driver speeding in rain, snow, or on icy roads may just be the cause of serious injuries or needless loss of life. At Cunnane Law we represent people who have been injured in auto accident cases, many of which happen in the winter months.

Driving Risks in Washington State

Driving in winter in Edmonds WA presents some unique challenges and risks. You will have to deal with the following dangers if you live in the area:

Rainy weather driving. Traffic is slower than normal after a storm or even when it is raining, but some drivers insist on driving faster than the conditions allow, regardless of safety. Aggressive driving conduct results in vehicles losing control or hydroplaning and putting everyone on the road at risk of an accident.
Holiday Traffic. Nothing is quite like holiday season traffic. With everyone dashing around trying to get the last-minute shopping done, or rushing home to join in with the festivities, causing weeks of almost unbearable, heavy traffic. One has to expect that, with the heavy traffic as well as the consumption of alcohol, accidents will inevitably happen.
Fatigue. Driving long distances to be with family over the holidays results in a high number of exhausted drivers sharing the highways and byways. When drivers are tired, they make mistakes, and it has been proven that fatigued driving is as dangerous as drunk driving. Be constantly aware of the driving conduct of those around you on the road. Fall back, or safely get past a driver who is drifting out of the lane, speeding or any other dangerous behavior.

Winter Driving Tips.

Even though there are all the risks and dangers, avoiding driving is not possible for millions of Seattle area people who still need to commute even in winter. If you want to reduce the risk of an accident, follow these tips for winter driving:

Make sure your car is in good working condition, check your fuel level before heading out to make sure you have enough fuel.
Drive defensively. Anticipate and be watchful.
Never, never, never text and drive. Keep watching the road ahead.
Drive with great caution and leave extra room when following another vehicle.
In bad weather conditions do not use cruise control.
Make sure there is enough tread on your vehicle tires to be safe on wet/snowy roads.
Slowdown in bad weather.
Try to avoid speeding drivers, let them pass, and then drop back.
If you plan to go over a mountain pass, have tire chains available in your car, and add a blanket and extra warm clothing, just in case.

While these winter driving tips will help keep you safe, unfortunately car crashes do happen. If you or a loved one has been involved in a car crash, you need a good personal injury and accident attorney to fight for your rights. Call Cunnane Law today to consult with us. We’re ready to help.

Preventing Personal Injuries this Holiday Season

Posted on: December 17th, 2020 by Timothy Hendershot

Careful! Do everything you can to prevent personal injuries, especially in the holiday season.

During this holiday season, whether you are traveling or staying home, it is really important to think about ways to keep you and your family safe and avoid personal injury accidents. There are many dangers that can suddenly happen, from car accidents and home fires to falling off ladders. Safety should be the number one consideration this holiday season, allowing everyone to be stress-free and safe, whatever we are doing.

Below we have listed some of the preventable personal injuries that very often occur during the winter months.

Dangers of Christmas Trees

Many of us have wonderful memories of gathering around the Christmas tree drinking hot cocoa and reading Christmas stories. Buying a live tree from one of the Christmas tree lots in the area can be a great way to spend time with the family, and also a wonderful way to start a family tradition.

Keep in mind that if you drape a Christmas tree that is too dry with lights and flammable ornaments, you may have inadvertently brought a potential fire hazard into your home. Always keep your tree watered to avoid the possibility of a house fire.

An alternative is an artificial tree which doesn’t have organic matter to burn, but the lights can become very hot and ignite ornaments on the tree. A recommendation from most experts, is to unplug the Christmas tree at night or use a timer, which will not only prevent the bulbs from getting too hot but will also save electricity. Another solution is to use LED lights which do not give off as much heat.

Outdoor Accidents

Hanging outdoor Christmas lights can be dangerous and so can removing them again. You should always think safety when putting up lights and try to avoid dry trees and branches. Make sure you have someone with you to spot any potential dangers and to help you with the tall ladders needed for decorating your roof. Falling from a ladder can be quite painful and you could injure yourself.

When it comes time to remove the lights from the house remember to unplug them. Avoid injury by being careful and taking the necessary precautions. And remember to be extra careful if there is snow or ice around so as to avoid injury.

Reckless Driving

During the holiday season which is one of the busiest times on the road, many families drive to visit friends, family and loved ones. Unfortunately it is also a time for unnecessary reckless driving, so be sure to take every precaution while driving because devastating accidents can happen very suddenly. Be sure that you and everyone travelling in the car with you have their seat belts on, including small children. Stay off your phone while driving or use hands-free technology.

If, due to the carelessness of others, you have suffered an injury this holiday season, contact the personal injury lawyers at Cunane Law. We have the necessary experience to represent you and will fight to win you the compensation you deserve.

Planning a Holiday Party? Know the Law

Posted on: December 8th, 2020 by Timothy Hendershot

The holidays mean parties! But parties can mean problems. What does the law say about personal liability?

Let’s get real! We know people enjoy parties and love to host them. Of course consuming alcohol at parties does happen, and this is a cause for concern, particularly when partygoers take it too far and find themselves somewhat inebriated. If you are considering hosting a party this holiday season, we want you to be better informed of the laws in place in Washington.

Laws on Hosting a Party in Washington

In Washington there are three groups of alcohol providers. Private-party hosts, referred to as “social hosts”, licensed alcohol vendors, known as dram shops (bars, saloons, public houses, beer gardens, etc.) and “quasi-commercial hosts” who do not sell alcohol, but furnish it to their guests in the interest of business.

A dram shop or quasi-commercial host can find themselves facing potential liability if they serve a minor. If a dram shop or quasi-commercial host sold or provided alcohol to an adult who is obviously intoxicated at the time, that alcohol provider could be sued. This generally does not apply with a purely social host.

The host of a private party will generally only face liability if a person under the age of 21 years old is served alcohol at that host’s private party, and that minor person becomes injured as a result of his or her inebriation. This is because RCW 66.44.270 makes it “unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit person under that age to consume liquor on his premises or on any premises under his or her control.”

To summarize: In Washington a private social host would generally not be open to liability for supplying alcohol to adult persons, but they could face liability for providing alcohol to minors.

Most often a quasi-commercial host circumstance arises when a business hosts a party, or there is a business reason for the party. This scenario could also apply if a social host charges money at a party door to cover the cost of the alcohol being served. If this is the case the social host will no longer be protected by the Washington social host rule and could be found liable for their negligent acts.

We all want to have a little fun when the holidays roll around. But have fun responsibly and stay safe and healthy. If you’ve been injured in any way, and you feel someone else may be responsible, please contact us in our Edmonds office today. We want to make sure you are taken care of and justice is served.

What If Insurance Denies Your Claim?

Posted on: November 17th, 2020 by Timothy Hendershot

Insurance denied your claim? Don’t worry, there’s legal assistance available.

After being involved in an accident, one of the first things an accident victim should do is report the incident to their own insurance company (insurer). The insurer will then submit a claim, subject to the circumstances of the case, with either their own claims department or the other party’s insurer. Insurance companies give immediate approval in some cases and may help cover the costs of medical bills and repairs. However, accident victims can find themselves with no protection if their insurance company denies their claim. Fortunately, if their claim has been denied they are not without help or protection.

First-Party Claims or Third-Party Claims

Insurance claims consist of two main types. They are first-party and third-party claims. If you file with your own insurance company, it is a first party claim, while filing with another person’s insurance company is a third-party claim. Typically, whoever was at fault in the accident will determine the type of claim that an accident victim will file. Every person who is involved in an accident should report it to their own insurer. If the other person was at fault, a claim should be filed with the insurer of the person who caused the accident. Sometimes, both parties can be at fault, then each person’s percentage of fault will be determined.

Denied Claims

There are numerous reasons an insurer will use for denying a claim. It could be that a person may have taken too long to file a claim, or they failed to submit to a requested medical examination. A denial may occur if the type of accident is not be covered under the policy. Fortunately the claimant has a chance to file an appeal when claims are denied, although depending on the standard procedures of each company, the appeals process will differ. When an appeal is unsuccessful, if the claimant believes that the insurer is in breach of its contract, violated the insurance code, or was implicated in bad faith insurance practices, the claimant can file an appeal with the Washington State Insurance Commissioner or bring a legal action against the insurance company.

If all appeals have been exhausted, or if the claimant received an unfair settlement offer, there is the option of filing a legal action against the other driver. The injured party may be able to collect compensation for medical expenses, lost wages, damages for pain and suffering and property damage, and by filing a successful personal injury suit.

Get Legal Help with Denied Claims

If your claim for compensation after a recent accident was denied either by your insurer or the at-fault party’s insurer, contact Cunnane Law in Edmonds. We serve all of Washington state, and we are ready to continue fighting for you until you’ve received all the justice you deserve.

What Can I Do If I am Hit by an Uninsured Motorist in Washington State?

Posted on: November 9th, 2020 by Timothy Hendershot

A car crash with an uninsured motorist adds layers of complexity to an already big problem. Here’s what you can expect.

Being badly injured in an a car crash could result in tens of thousands of dollars in medical care and lost wages. You need to seek compensation from the driver who caused the collision, rather than carry the financial loss yourself.

All motorists in Washington State are required by law to carry minimum liability insurance of at least $50,000 per accident, $25,000 in bodily injury liability and $10,000 in property damage. There are, unfortunately, too many people on the road without any insurance at all.

What are your options if the other driver is uninsured?

Option 1: Your Personal Injury Protection Benefits

Various losses are covered by Personal Injury Protection, which is a no-fault insurance. This means you would be covered even if you were responsible for the accident. Some of these losses include:

Medical and hospital costs up to $10,000 (you can purchase more)
Lost wages at $200 a week up to $10,000 in total (you can purchase more)
Funeral expenses up to $2,000

Check if you have Personal Injury Protection benefits. Your insurer had to offer it to you, though you could decline. A relative in your household may have it and you could be covered under their policy.

Option 2: Claim on Your Uninsured Motorist Policy

If the driver who caused the accident you were injured in, does not have any insurance then Uninsured Motorist insurance is specifically intended for this situation. Insurers must offer you Uninsured Motorist coverage under Washington law, which you could refuse in writing. Hopefully you didn’t refuse the policy because you will be covered in this type of accident, and you will be able to make a claim for your medical care expenses and lost wages.

Keep in mind that Uninsured Motorist coverage only comes into effect if another motorist is the cause of the accident.

Option 3: Pay for Medical Expenses with Your Health Insurance

If you have health insurance, either through a job, or a policy you bought, you should check whether your health insurance will pay for medical care if you are injured. Though health insurance cannot replace lost income, and you may have high copayments, it can at least reduce some of the health care costs of a live changing car crash.

Option 4: Collision Coverage

Repairs to your collision-damaged vehicle can be claimed from Collision Coverage Insurance. Your lender may have required you to buy Collision Coverage if you took out a car loan.

Option 5: Sue the Driver

The driver is legally liable for the damage caused by his or her negligence even if he does not have insurance. This means you can sue him and try to recover a jury verdict from his personal assets. There are, unfortunately, not many drivers who have sufficient assets to compensate you for your injuries. Frankly, they would most likely have bought liability insurance if they did.

Do not give up hope, even if you have been hit by an uninsured or underinsured motorist. There are options available for you. Cunnane Law serves clients all over the north Puget Sound area. We will identify the best way forward for our clients after a car crash which will allow them to recover as much as possible. Don’t delay, contact Cunnane Law today.

What is a “Personal Injury”?

Posted on: October 13th, 2020 by Timothy Hendershot

The general premise of a personal injury case is familiar to most people. If a person hurts you, you can sue them for financial recovery of your damages. However, that is a very general definition that does not consider the various subtleties of personal injury law. A wide range of situations, accidents and types of injuries can be included in civil claims and lawsuits concerning plaintiffs seeking compensation for preventable damages. There may be many circumstances in the underlying accidents to impact the viability of the case. But no matter how a personal injury case is formed, it has to be based on an actual “personal injury.”

“Personal Injury” Explained

Generally, the term “personal injury” refers to the section of law that allows victims of preventable accidents and injuries caused by someone else’s carelessness to be compensated financially. These claims are known as “torts,” which means they are civil legal actions filed over alleged wrongs.

Damages

Personal injury cases, as civil claims, are resolved by an award of damages. In other words, financial compensation paid by the defendant (liable party) to the plaintiff (injured victim). In criminal cases, sanctions and penalties may be jail time or fines, but in civil cases involve an award of damages. Damages awarded in personal injury cases commonly include losses such as:

Medical expenses, past and future, incurred by victims
Lost income and lost future income
Physical suffering and pain
Loss of quality of life, mental anguish, and other emotional injuries

As each case is unique, and every victim has different losses, there are many variations in damages that any victim can recover.

Negligence and Liability

A plaintiff’s claims that the “duty of care” has been breached can also differ. The general definition is a failure to exert reasonable care or caution, however, depending on the facts it can look very different. Here are some examples:

Any reasonable person knows that texting while driving increases the risk of a crash. This would therefore constitute a breach of a driver’s duty, creating liability for any resulting injury caused by the crash.

The failure of a driver to follow the rules of the road, i.e. stop at a stop sign, or failure to drive at the speed limit could constitute a breach of duty and create liability for damages.

A property owner failing to address conditions that pose potential hazards or a dangerous condition to their guests may possibly be a legal breach which creates liability for resulting preventable injuries.

The two most important factors when classifying a personal injury are liability and damages. Most importantly these “damages” have to be actual damages. If victims have not actually suffered real injuries and resulting loses, such as no mental or physical injury, medical bills, lost income, pain and suffering, in the eyes of the law there is no “personal injury” and likely no viable claim or way to hold another liable for money damages.

At Cunnane Law we are dedicated to handling cases where injured victims and wrongful death are involved. We have the resources and experience to effectively handle all situations, standards, and types of cases existing within the complex practice arena of personal injury law. We are passionate about our clients receiving the support and guidance they need in the fight for justice and the compensation they deserve. Contact us today to discuss your own personal injury legal needs.

Note: This information was provided not for any specific claim and is written in board and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.

Benefits of Hiring a Personal Injury Lawyer for an Insurance Claim

Posted on: September 30th, 2020 by Timothy Hendershot

You need a personal injury lawyer fighting for you on your insurance claim.

You’ve heard it before – you have to hire a personal injury attorney for your insurance claim! But why? Here are some of the benefits to having a personal injury lawyer handle your insurance claim.

Professional

Representing yourself in an injury claim will not be easy especially if you must go to court. Keeping your personal feelings and opinions regarding the case out of process will be difficult. The lawyer, however, will handle your case in a very professional and objective manner.

Negotiation

When it comes to negotiating your case, the lawyer will have experience and is trained in negotiation skills. In most cases, the insurance company will attempt to settle your case by offering you the least amount of money possible, will you know what is a fair settlement amount? By hiring a competent attorney, you can rest assured that you will get the money you deserve.

Medical

It is important for you to contact the lawyer as soon as possible after an injury so he or she can get the right medical team to help you recover medically. The lawyer can help you receive the quality treatment you need, and, if your case has to go to court, the doctors will be excellent supporting witnesses.

Expedite

A competent personal injury attorney will expedite your personal injury claim. Typically, it is never a good idea to wait until you have healed before trying to get compensation for your injuries. There are several reasons to hire an attorney to pursue your case for you. Your case will proceed forward, even as you’re concentrating on your recovery.

Litigation

When the at fault party rejects your claim for compensation, in most cases, your next action is to file a lawsuit. For you to stand a better chance of winning your case you are going to need a lawyer. The other party will almost certainly have a team of lawyers representing them.

Evidence

When your claim ends up in court, the other party will have a legal team to argue that they are not responsible for your injuries. You should examine their evidence carefully so that it can be countered with your fact-based evidence.

Deadlines

All legal claims have strict deadlines that must be met to successfully bring a personal injury claim. The best way to make sure you receive a fair settlement for your personal injury claim is to have a competent attorney handle all the procedures, making sure all the time limits are met.

Compensation

The bottom line is that hiring a lawyer increases your chances of receiving a fair and just settlement you deserve for your injuries. A competent personal injury attorney knows what a reasonable settlement amount is for your injuries, impairment and total losses. A personal injury lawyer will be able to help with all these aspects of your case.

For all these reasons and more, it’s vital that you work with a qualified, experienced, and tenacious personal injury lawyer after any sort of car crash or personal injury. Cunnane Law is your partner here. We work with clients in Edmonds and throughout the greater Seattle area, we fight for you and make sure your case is handled successfully. Give us a call today.

Car Accident Laws for Washington State

Posted on: September 23rd, 2020 by Timothy Hendershot

After a car accident, you need an expert personal injury attorney familiar with all the laws of Washington state.

With our fast-paced society, it is inevitable for most car drivers in Washington state to be involved in a car accident. If you live in the Puget Sound area and have been injured in a car accident, you should know what the laws are for reporting your accident and how the process works to recover damages. The following Washington state rules should be considered.

Your Legal Options

To recover damages for your injuries after a car accident, you have at least three options

You can file a personal injury claim with the driver-at-fault’s insurance company
You can file a claim with your own insurance company if you have Underinsured Motorist Coverage (UIM)
You can file a lawsuit for damages in a Washington civil court.

If your injuries and damages exceed the at fault car insurance companies’ policy limits, prior to settling your claim you should consult with a competent personal injury attorney to discuss the best legal option for you.

Car Insurance Requirements

Every person operating a car in Washington state is required to have bodily injury insurance. Washington state requires the person who caused the car crash to pay for the damages. The at fault party is responsible to make you whole by paying money damages for your medical bills, wage loss, pain and suffering and loss of ability to enjoy life (this is not the entire list).

Every driver in Washington state is required to have the following amounts of minimum insurance cover.

$25,000 coverage for injuries or death of one person.
$50,000 for the total injuries or death to all people involved in an accident.
$10,000 for property damage to another person’s property.

Is There a Time Limit to File a Car Accident Report?

You should notify your insurance company as soon as possible after the car crash so they can open the claim. You can also contact the other persons insurance to notify them of your personal injury and property damage claim. Notably, you are not required to give a recorded statement to the at-fault party’s insurance company. It is recommended that you do not give the at-fault party a recorded statement until you have consulted with a competent personal injury attorney.

Importantly, Washington state has a three-year statute of limitations for personal injury lawsuits. These “statutes of limitation” vary depending on the law and type of case involved and are strictly enforced. In most car crash claims in the state of Washington, a person has 3 years from the date of the injury. If a lawsuit is not properly commenced within the applicable time limit, the claim will be forever barred.

At Cunnane Law, we are expert personal injury attorneys, and we are here to help you. Navigating all the Washington laws, rules, and regulations can be like walking blindfolded in a maze. And each step of the way the insurance companies will attempt to decline, delay, and deny. You need a tough, trusted partner to help you each step of the way. Call Cunnane Law today and we will fight for you.

Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never to early to call the attorney, but it can be too late.

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