The most important steps after a car wreck are to seek immediate medical attention, even if your injuries don’t seem severe. If you can safely take photos/video that is recommended but not necessary (especially if you have suffered a severe injury). The police will gather information regarding the driver’s identity and insurance, as well as what happened. There may also be body cam footage of the officer speaking with the person who hit you. If you are taken to Harborview/UW Medical Center, Providence, Cascade Valley, Evergreen, or any other hospital, don’t be shy. Tell the doctor and her/his staff everything. Point out everything that hurts and everything that you are concerned about. Avoid going into detail on how you were injured. Telling the doctor that you were involved in a serious automobile crash is sufficient.

NO and YES.

NO, the law does not require you or anyone in your family to speak to the insurance company of the person responsible for the crash. That does not mean they will not call, text, email, social media message you, visit you in the hospital, or do anything and everything to get a hold of you. First and foremost, the adjuster wants to hear that you are “okay” or that the injuries “aren’t that bad” – two common phrases used by people after they’ve been injured in a crash. We deal with these phrases often. The adjusters offer to play recordings of calls they’ve had with our clients who have indeed said they are okay or things aren’t that bad. Statements such as these, as well as information you provide about the injuries and medical treatment can and will be used against you during the course of your claim. The adjuster may also ask you to sign a release to allow the adjuster representing the person who caused the crash to obtain your medical records and bills. The information obtained by the adjuster will also be used to establish a “Reserve” for your claim. A “Reserve” is basically an estimate by the adjuster on the value or a value range of your claim. Sometimes, its strategically advantageous to provide information and records to an insurance company. Oftentimes, there is no advantage to communicating with the adjuster representing the at-fault party at any time prior to settlement negotiations.

YES, you may be required to provide a recorded statement and a completed questionnaire for Personal Injury Protection (PIP) benefits to YOUR insurance company. When you are injured in an auto crash, your auto insurance will pay for medical expenses up to the limit of your PIP coverage (often $10k). Because they will be paying for your medical expenses, they need to obtain your medical records and bills. They also use the PIP questionnaire to obtain information regarding the crash and your injuries and the doctors you’ve seen regarding your injuries. If you or a loved one suffered an injury as a result of an automobile crash, you must report the crash to your insurance company. If you’d do not, your health insurance company can refuse to pay your medical bills. Oftentimes, a health insurance company will not pay auto crash-related medical bills until the injured victim’s own PIP insurance policy limits (often $10k) have been paid.

At Foster Law, we handle all communications with insurance adjusters. Communicating with an insurance adjuster requires experience in order to handle communications in the strategic manner required in the discussions with claim’s adjusters. If we are retained before you speak with an insurance adjuster, we can file the claim, assist with the completion of the PIP questionnaire, advise on what to say and what not to say in the recorded statement (or request that the questions to be asked on the call be submitted in writing).

If you have auto insurance, Washington law requires you to carry Personal Injury Protection (PIP) coverage. PIP covers the first $10k (or higher depending on your PIP policy limit) of your crash-related medical bills. You must report the auto-crash claim to your auto insurance company. When reporting the claim, request a PIP claim number. The PIP claim number should be provided to all medical providers. A common question we receive is why should I report the claim to my insurance company if it wasn’t my fault? It’s a great question. However, the crash must be reported in order to trigger the PIP coverage under your policy. Your health insurance company may have the legal right to refuse to make any payments toward your auto crash-injury medical treatment if you do not make a claim. In order for many heath insurance plans to pay for medical bills, the PIP policy limits (often $10k) must be paid out in full. The health insurer will request a letter and ledger from the auto insurance company that the PIP limits have been paid in full.

At Foster Law, we handle all aspects of the PIP claim and do not take any fees on the payments made under the PIP coverage. We assist with transitioning billing from PIP to health insurance and work with the billing professionals at hospitals, medical clinics and rehabilitation centers. We also are available to answer any questions you may have regarding a bill or invoice you receive from your health care professionals.

Handling social media after a car wreck can be difficult. For many, the anger and emotional response to a automobile collision becomes heightened. Some feel alone. Others feel like they want to be alone. All are in a state of pain and discomfort. These emotions can lead us to seek the support and comfort of our social media communities. Insurance adjusters know all too well the role social media plays in the lives of the injured and their families. For many adjusters, it is the first place they go for information about a victim and/or the victim’s family. The adjusters will screen shot, print, save and do anything they can to capture a victim’s feelings when the victim is the most vulnerable.

At Foster Law, we will carefully advise you on your social media usage while pursuing a personal injury claim. We understand and appreciate the role social media plays in support and recovery from a serious injury. We will help you and your family members to understand how an insurance can and will use social media posts to discredit you in your personal injury claim.

Yes. When communicating with doctors and health care providers it is important to understand that the doctor typically does not care about your personal injury claim. Because many personal injury attorneys are the people who sue doctors, your medical providers may not want to hear about how your claim is going or the latest happenings in your lawsuit. It is interesting how these discussions find their way into your chart notes. So, when it comes to communicating with your medical providers, be honest and open when explaining your pain, functional limitations and progress but also don’t say too much.

At Foster Law, we will prepare you on what to say and what not to say to your doctors, rehabilitation specialists and medical providers. We will also be available to assist your medical providers if any PIP billing issues arise during the course of your medical treatment.      

When pursuing a personal injury claim, it is difficult to predict whether a lawsuit will be necessary. If a lawsuit becomes necessary, insurance companies move quickly to compile and acquire information about the injured victim and her/his family. This information may be used to attack the character and integrity of the victims pursuing the lawsuit. Insurance companies believe that character attacks somehow equate to smaller settlements. Insurance companies believe that if they can make a victim look bad, they can shame someone into accepting less. Also, during the case, insurance companies may seek emails, texts, social media posts and messages and other communications you’ve had regarding the crash and your claim. These communications can be from/to family members, friends, co-workers and/or others with whom you have shared information.

At Foster Law, we offer careful advice regarding communications regarding the crash, your thoughts about the person who hit you, your injuries, your  medical treatment, and other topics concerning your personal injury claim. We help clients understand the importance of the attorney-client privilege and that communications with Foster Law are confidential and will not/can not be turned over to the insurance attorneys. Whereas, communications with non-lawyers may be subject to disclosure if a lawsuit is filed.

In the State of Washington, an auto injury victim can recover financial compensation in the form of “damages”. This is a legal word that basically means money in an auto injury claim. Damages in a personal injury claim involve primarily “special” and “general” damages. “Special” damages, also called “economic damages” are defined in the Washington law as: “objectively verifiable monetary losses, including medical expenses, lost earnings, burial costs, costs of obtaining substitute domestic services, loss of employment and loss of business or employment opportunity.

At Foster Law, we have over 40 years of combined experience in creating, presenting and litigating the “special” damages involved in a personal injury claim. In addition to our experience, we draw on the knowledge and experience of economists, life care planners and other experts when building our special damages case against the insurance company or responsible party. 

Unlike special damages which can be calculated to a number, “general damages” are subjective and are unique in every case. Washington law defines “general damages” as “non-economic” to include but not limited to: pain, suffering, inconvenience, mental anguish, disability or disfigurement” incurred by the injured party, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation, and destruction of the parent-child relationship”. So…what the heck does that mean?

At Foster Law, “general damages” mean an opportunity to tell the human story to the insurance company, mediator, arbitrator and/or judge/jury. Insurance companies typically undervalue “general damages” because they are incapable of creating an individual process or algorithm for the unique circumstances any individual claimant may have/will suffer(ed). Insurance companies are numbers machines. Insurance companies tend to value personal injury cases based on the amount of medical bills incurred by a victim and her/his family. We focus on our client, our human client. We tell the human story. The shame and humiliation experienced due to pain and/or a physical limitation. The robbery of someone’s pride based on an inability to work or perform household chores and property maintenance. The inability of someone who has suffered a brain injury from being able to admit they have even suffered a brain injury, let alone the human toll the brain injury has taken on the victim’s (and her/his family’s) life. The inability to play catch or attend important events in the lives of loved ones. The levels and types of pain experienced by the victim and the effort undertaken to deal with that pain and recover from the injuries. Ironically, someone who dedicates themselves to their recovery is a wonderful fact to convey to a decision-maker (jury, judge, arbitrator) or mediator. It is these stories that need to be told. Now, the story needs to be told in a careful and strategic way. The insurance company only knows what they are told (and/or what they uncover in their investigations). If an attorney focuses solely on the client’s injuries and the amount of medical bills then the insurance company will evaluate the claim based on that information.

A focus group in a personal injury case involves a group of people who are presented information for the purpose of providing real-world feedback from non-lawyers. Focus groups can be invaluable to personal injury lawyers. The focus group can assess the relative strengths and weaknesses of a case and can offer valuable insights on facts or evidence that may be beneficial/harmful to the case.

At Foster Law, we love focus groups. We conduct focus groups for all types of cases. Most of our focus groups are intense, all-day sessions where we encourage open and frank discussions and “brutal honesty” from our focus group participants. We may also seek out written feedback and individual interviews with focus group participants regarding certain issues involved with the case. We may also request that our focus group conduct open deliberations on the merits and value of the case.

In the State of Washington, the statute of limitations in most cases is 3 years. This means that the injured victim or the victim’s family in a wrongful death has 3 years from the date of the crash to file a lawsuit against responsible parties. For claims against a victim’s own insurance company, the victim/victim’s family currently has 6 years to file a lawsuit.

At Foster Law, we encourage you to not rely on this information because a website may not always have the most up-to-date information and the laws can be changed. We recommend calling us if you have questions regarding the statute of limitation in your case/claim. We also recommend that you don’t wait to contact an attorney. There is no harm in reaching out to an attorney to make sure you have the best information for your personal injury case.

The answer to this question is difficult since there is no way of knowing whether a lawsuit will be required in your case. A lawsuit becomes necessary when an insurance company either denies your claim or you cannot reach an agreement on the financial compensation to be paid. An insurance may be denied or undervalued if the insurance company does not receive enough or adequate information to assess its financial risk. An insurance claim can also be denied or undervalued if the insurance company has obtained negative information about the claim.

At Foster Law, we work hard to settle your case before subjecting you and your loved ones to a lawsuit. Sometimes, a lawsuit is inevitable if an insurance company is unreasonable. However, if we have worked with the insurance adjuster in the past, we will have a better gauge on how she/he handles a claim. We can also use certain strategies to test the adjuster’s valuation of your claim so we can offer you the best information to make an informed decision about whether you want to pursue a lawsuit. Even if we do have to pursue a lawsuit, we do our best to insulate you from the day-to-day shenanigans that we deal with. In most injury lawsuits, the plaintiff will answer written questions from the defense attorney and may sit for a deposition. A deposition is a live or video conferenced question and answer session with the attorney for the insurance company. A Foster Law attorney will represent you at the deposition. Lastly, you may participate in a mediation, arbitration or trial. For more on mediation and arbitration, see below.

Despite sounding similar, mediation and arbitration are very different. A mediation is a settlement discussion overseen by a neutral third party called a mediator. The mediator works with both sides to reach an agreement to resolve the case. The mediator may deliver settlement offers and will likely explain the strengths and weaknesses of your case. A skilled mediator can be a tremendous resource in the settlement process. Unless mediation is mandated by the Court, it is a voluntary process that must be agreed upon by the parties to the lawsuit.

On the other hand, an arbitration is a process similar to a trial. A neutral third party called an “arbitrator” serves as judge and jury. The arbitrator becomes the decision-maker for your case and will hear testimony, evaluate evidence and render a decision on: (1) Liability – who bears legal fault for the incident; and (2) Damages – the amount of money to be awarded. In Washington State, the Mandatory Arbitration Rules (MAR) require arbitration in any case where the case is $100,000 or less. In cases referred into arbitration, the arbitrator’s decision may be appealed (called de novo) but if the appealing party does not do better than the arbitrator’s award at trial, the appealing party may be liable for the other side’s attorney’s fees and costs.  

Not necessarily. If a driver has no insurance or insufficient insurance policy limits to fully compensate you, you may be able to pursue a claim against your own insurance company in what is called an “Uninsured” (UM – no insurance) or an “Underinsured” (UIM – not enough insurance) motorist claim. Washington law prohibits an insurance company from raising your rate due to a UM or UIM claim: “Any policy of insurance may not be canceled, non-renewed, denied or have the rate increased on the basis of information regarding an accident included in the abstract of a driving record, unless the policyholder was determined to be at fault”. See RCW 46.52.130(e)(iii). UM or UIM coverage can be purchased as part of your auto policy. If you choose not to purchase UM/UIM coverage, Washington law requires that you acknowledge and sign (e-sign acceptable) a document indicating your intention to decline this coverage. UM/UIM claims are different from claims against the insurance company of the person who caused your injury. In UM/UIM cases, insurance companies have “good faith” obligations to you. A Washington law called the Insurance Fair Conduct Act (IFCA) contains significant financial penalties if insurance companies violate their duties to you.

At Foster Law, UM/UIM claims are as prevalent as claims against the insurance companies representing for the at-fault parties. We understand and have extensive litigation experience violations of an insurance companies “good faith” obligations. If your insurance company does not treat you with good faith, you may have an independent action against them for what is called “bad faith”. In Washington, bad faith law is statutory – this means that there is a specific law dealing with insurance companies who do not treat their policyholders fairly. This statute is IFCA. You can find more about IFCA here: RCW 48.30.

To determine the policy limits under your PIP and UM/UIM coverage, you can request a copy of the “Declaration Page” of your auto insurance policy. This may be accessed in your app or by requesting it from your insurance agent or from the insurance company from whom you purchased your policy. The Declaration Page will list the coverage such as “Personal Injury Protection” then it will list a dollar figure such as $10,000 next to the coverage. For “Bodily Injury” coverage (this is the coverage available to pay someone else if you are at fault for the crash), as well as UM/UIM coverage, there may be two numbers listed – the first number is oftentimes the per-person limit and the second number is the per-accident limit. The per-person limit is the most the insurance company will pay under that particular coverage. For example, if you you have a UM/UIM claim, the most the insurance company will pay to you is the first number. The per-accident limit is the total amount the insurance company will pay to all victims/claimants involved in the accident. So, if there are 4 victims/claimants and the UM limits are $250,000/$500,000, the most any one victim can receive from the policy is $250,000 and the most all victims can receive is $500,000. In certain situations, passengers may also be able to make claims under their own, separate auto policies.

On the other hand, the policy limits of the person responsible for injuring you may be more difficult to obtain. There is no legal requirement that policy limits be disclosed by the insurance company for the at-fault driver.

At Foster Law, one of the first things we do when you hire us is to identify responsible parties and request information regarding any and all insurance policies in effect on the date of the crash. If the insurance company refuses to disclose the policy limits, we may discuss the possibility of filing a lawsuit because the policy limits disclosure can be obtained in the discovery process after a lawsuit is filed.