Why you should not use the defendant’s claim number?

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This is one of the areas where a lot of people get confused. Many people mistakenly believe that the defendant’s insurance will cover their medical bills as they go so they should give the defendant’s claim number to their medical providers. This could not be further from the truth in a typical car accident and can lead to collection actions, not getting the treatment necessary, and early settlements. By giving a hospital, doctor, chiropractor, massage therapist, physical therapist, etc. the defendant’s claim number, the defendant insurance company only will pay these medical providers once you settle, which could be months or a year or two from the date of the car accident.

If you give the defendant’s claim number to the hospital, ER, ambulance, doctor, chiropractor, massage therapist, or physical therapist, these medical providers will be notified that they will not be paid immediately, which these providers will most likely open up a collections action against you because they have not been paid within 30 days. This is because the defendant’s insurance company will not pay anyone until you settle with them and will not pay bills that you haven’t accrued yet. This means if you need more treatment but want the defendant’s insurance to pay right now, you will not be able to get your future medical treatment covered by the defendant’s insurance.

The defendant’s insurance company will use this to their advantage in some situations and try to force you to settle early before you get the full medical treatment that you need. With mounting bills and the insurance company holding all the money saying you don’t need more treatment with a take it or leave it approach, it is very tempting to settle early without getting all the medical treatment that you need following a car accident injury case.

The exception to the rule: If you are a passenger, bicyclist, or pedestrian hit by a another car, you can use their PIP insurance to cover your medical costs and they will be paid shortly thereafter. In a typical car accident where you are in a car hit by another driver, the other driver’s insurance will not give you PIP coverage, rather you must use your own or the driver of the car you were in and their PIP coverage.

How do I pay for my medical bills then? What you should do is use your own personal injury protection plan under your car insurance policy or use your medical insurance to cover the medical bills. These will be primary over the defendant’s insurance which will then pay back your car insurance PIP plan or medical insurance.


What if you don’t have medical insurance or a PIP policy under your car insurance? The good news is that your personal injury lawyer can work out with your medical providers an agreement to get paid out of the settlement and delay collection actions. Not all medical providers will agree to wait to be paid out of the settlement and may demand payment immediately, however, most are willing to work with you and your attorney on either a payment plan or complete deferment until the case is settled. If these facilities are not willing to do this, there are many medical providers that are willing to upon a signed lien with your attorney.

Does the defendant’s insurance get off for free then? No, the defendant’s insurance company will compensate you for all medical bills that have been paid by your medical insurance and your attorney will then pay your insurance back in a process called subrogation. In most situations, your attorney will even be able to negotiate down how much is owed back to your insurance company for covering your medical bills giving you more money in your pocket.

If you have any questions about your car accident injury case and this process, please contact us today for a free consultation. We are paid out of the settlement and do not charge hourly so anyone can afford to hire a Seattle personal injury lawyer but no one can afford not to hire one.


Andrew CherinWhy you should not use the defendant’s claim number?
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Duty to Seek Treatment ASAP?

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Many people who are injured in car accidents, especially men, try to tough out their injuries. The reason can be anything from not having enough time to go to a chiropractor, massage therapist, physical therapist, etc. to not wanting to “cause problems” for the other person. However, insurance companies are increasingly trying to crack down on people that wait three to five months start chiropractic or physical therapy following a car accident and denying their relatedness of such. While there are some good arguments to stop insurance companies from making these arguments, why not get the treatment needed immediately so not to create this possible complication.

If you wait too long to get treatment, the insurance company may have a good argument for denying the treatment – to a certain degree. This is because there is law in Washington State that requires a victim of a car accident injury case to get treatment within a reasonable amount of time as a reasonable person would so as to not make their injuries worse. However, this does not mean that the insurance company is completely off the hook for covering these medical bills but it does mean that it may be reduced to a certain degree.

Example: Let’s suppose the following: If someone who is injured in a car accident would have gone to a chiropractor right after the car accident, they would have been able to be healed within 6 months with massage and physical therapy. The insurance company will be responsible for 100% of the treatment because the person injury in the car accident mitigated their damages.

Now let’s say that if they wait to start chiropractic, PT, and massage three months after the car accident, their injuries will have gotten so bad to the point where they need an extra three months or nine months to heal. In this second scenario, the insurance company will have a good case that those extra three months of treatment are not coverable because the person injured in the car accident waited too long to get healed without a valid excuse. However, the question will come down to would a reasonable person have sought medical treatment when the person did in this case – within three months of the car accident.

This rule not only applies to medical treatment, but also to lost wages. Would a reasonable person have sought jobs they could have applied for given their injuries and situation. Would they have gotten a job so not to lose their house. A victim of a car accident has a duty to mitigate their damages as much as reasonably possible.

Washington State Pattern Jury Instruction 33.01 lays out the argument that the insurance company can make. However, they must also prove that a reasonable person would have sought medical treatment and thus the delay in getting medical treatment was the proximate cause of the now more complicated treatment and not the car accident. Proximate cause means sufficiently related to a legally recognizable injury to be held to be the cause of that injury.

If the court finds a duty to mitigate was not followed, the court may apportion what percentage of the medical damages the car accident injury victim was partially at fault for based on comparative fault rules in Washington State, which does not bar recovery if someone was partially at fault but merely just takes off their percentage from 100%. This means if someone was found to have been 10% at fault for worsening their symptoms and treatment for not getting treatment within a reasonable time, they would only recover 90% of their total personal injury award instead of 100%.

Conclusion: Get the therapy you need as soon as possible in order to avoid complications and delays in getting your personal injury car accident case settled as soon as you are 100% back to normal or as close as possible.

Andrew CherinDuty to Seek Treatment ASAP?
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Why you should have your insurance repair your car?

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Many people want the other person’s insurance company to pay for the repairs to their car during a car accident, but here is why you should go through your insurance to get your car repaired. Your insurance will go after the defendant’s insurance for repayment so they don’t get off for free by using your insurance.

  1. Choose your own shop
  2. Get it repaired on your time
  3. Don’t give them an excuse
  4. Your rates won’t go up and they will find out
  5. Your insurance can help determine liability 100% in your favor

1. The first reason to go through your own insurance company to repair your car in a car accident injury case is that you will be able to choose where it is repaired. Your insurance company will generally give you more flexibility to get your car repaired where you want it to be than the defendant’s insurance. The defendant’s insurance company wants to use their guys because they have contracts with them and they know their guy will tell them what they want to hear.

2. The defendant’s insurance company will want to look at your car first before they have the repairs done. This could take a while for them to approve your repairs with their inspector. Using your insurance will allow you to quickly get your car repaired for and paid for.

3. The defendant’s insurance company has a big investment in seeing your car repaired with them so they can take it apart and look at everything in order to estimate the speed of the crash and write a story line that fits their interest. You generally don’t get to see their insured’s vehicle and the repair quote so why should they be able to see yours. Often times the car that causes the car accident has the most damage to their car while the car getting hit won’t have as much depending on the type of car. Rear bumpers are generally more reinforced than front bumpers and may hold up to a hit stronger than the front due to the trunk and the frame reinforcing it versus the engine on the front end and tons of components that are easily damaged.

4. Generally, your insurance company will not have your insurance rates go up for a non fault car accident. However, there are some car insurance companies who will raise your rates no matter on fault. You should shop around if this is the case and they raise your rates. Your insurance company knows there are hundreds of car insurance companies out there that want your business so a little push back from you can go a long way in keeping your rates low. If you decide to go through the defendant’s insurance to repair your car, they will put your name in a database that all insurance companies will be able to see, including your own. Therefore, even though you are trying to hide your car accident from your insurance company they will most likely find out one way or another.

5. If you use your own insurance to repair your car, your insurance company will fight for your to determine liability in your favor quick. Insurance companies will determine who is 100% liable for the car accident in many situations where it is he said she said outside of court quickly. They will then seek reimbursement for the repair costs from the defendant’s insurance company and make them pay. This will lead to a lot less hassle and create more of a focus for you and your attorney to focus on compensation instead of determining fault. Insurance companies like to point the finger for shared responsibility if it means them saving money.

If you have been injured in a car accident, you have a lot of options about going about your case. A trained Seattle personal injury lawyer will give you all the options at your disposal and help guide you to making the right decisions. Consultations are free and attorneys are paid out of the settlement. Everyone can afford an attorney but no one can afford not to hire one.

Andrew CherinWhy you should have your insurance repair your car?
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Top 5 Things Insurance Companies Don’t Want You To Know About Your Car Accident Case

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As a Seattle personal injury lawyer representing people who are injured in car accidents in Seattle, there are many things I have picked up about insurance companies that they don’t want you to know. Here are a few:

You don’t need to take their offer right now: Insurance companies like to pressure people injured in car accidents to settle now. They will say things like you need to take this offer now or it is going away. This could not be further from the truth. They want to settle your case now and may appear desperate if they pressure you to settle before your injuries have healed. They want you to settle now so you don’t collect more medical bills that they will have to compensate you for. Get the treatment that you need now and ignore their phone calls after you tell them that you will wait until you are healed to start negotiating the settlement of your car accident injury case. However, you have three years to settle or file a lawsuit on your car accident injury case in Washington State or you lose the right to make a claim. This is a long time but not forever.

Insurance companies base their value on your case by the amount of your medical bills, diagnosis, lost wages, and the time it takes you to heal: This may sound controversial but two people injured in a car accident will not have the same case value if one person seeks treatment for their injuries and the other does not by toughing it out. The insurance company seeks proof that you are injured and this is proven by medical records, medical bills, and diagnosis by medical professionals. Going to the chiropractor, physical therapist, or massage therapist is necessary when you are injured and your body and your doctor tells you to. If you don’t go, it will hurt your case and your body by not getting the treatment that you need. This is not milking it but it is foolish to tough it out without the treatment.

You will get more money in your pocket if you hire an attorney: Insurance companies will tell you that you will not get an increase in your offer by hiring an attorney to represent you for your car accident injury case. An attorney will often bring forward a much more sound and thorough description of your injuries and your case, making your case worth much more money. Additionally, a personal injury lawyer can find things you may have over looked like lost wages, vacation time used, sick leave used for your car accident injuries that you are entitled to compensation for. Moreover, your personal injury lawyer will often be able to negotiate down the amount owed back for medical bills paid by your medical insurance or personal injury protection plan.

Use your own insurance to repair your car and don’t accept the defendant insurance’s version of the case to accept 20% fault: Often times insurance companies will try to say that their insured is only 80% at fault because of some bogus reason that somewhat makes sense but doesn’t. This is their way of bullying and throwing their weight around at you. The best thing to do in these situations if you don’t have an attorney is to get your car repaired through your insurance so your insurance can argue the other insurance company is 100% at fault, through inter insurance company arbitration hearings if they are truly set on 80% liability designation. Not a lot of people know this and not a people like to use their own insurance to repair their car because they think it won’t go on their record if they use the other company, which is false. Insurance companies know of every car accident whether you use your insurance or theirs to repair your car. Get your car repaired with your insurance. It will save you the hassle of dealing with situations like this and they will even collect your deductible back for you.

Pre-existing injuries cannot be used against you in a car accident: Pre-existing injuries cannot be used against you in a car accident injury case where you were not actively treating them and they were not giving you pain. The insurance company loves to point out pre-existing injuries in medical records and prior treatment right before a car accident. However, they are not valid arguments unless you were actively treating right before the car accident and continued to treat at the same rate after the car accident. An old injury that flares up or is worsened by a car accident that didn’t require treatment before but does now is a new injury in the eyes of the court. Had it not been for the car accident, you would not have been in so much pain or had to seek the treatment you are seeking now. This is 100% compensable but you may need a lawyer to argue this for you.

I hope you have found these tips useful and enlightening. If you have been injured in a car accident, I would encourage you to hire a personal injury lawyer whether it be myself or someone else. If you know of someone who is going through this right now, please pass along my contact information and this article.

Andrew CherinTop 5 Things Insurance Companies Don’t Want You To Know About Your Car Accident Case
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Stigmatism around suing ill founded?

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When people are injured in car accidents, they ask themselves should they “sue” the person that caused the car accident. When people think “suing” someone, they think going to trial. When people think going to trial, they think having to testify. When they think about testifying, they think, “will people actually believe me or think of me as greedy.”

Why do people believe that if a car accident injury case for personal injury damages goes to trial the person who filed the lawsuit was not really hurt?

Why has America gotten this crazy idea that everyone who makes a case against the insurance company or hires a lawyer has to file a lawsuit to get a settlement and associates this with “suing” someone? This line of thinking is propagated throughout American culture where people don’t want to be that person that “sues” someone over a car accident injury. They don’t want to be thought of in the same clout the McDonald’s coffee case – which has been extremely unfairly characterized by the media and modern society.

Who controls most of the television airwaves with billions of dollars spent on commercials every year? The insurance companies.

Who benefits from this line of thinking where people don’t want to use their insurance to pay for a car accident – even though everyone in the US who drives a car pays $1,000’s of dollars each year on for this very situation – because they believe their insurance rates will go up if they make a claim? Who benefits from someone not making a claim against the other person’s insurance company because they don’t want to cause problems for that person or be looked at as greedy? The insurance company is the answer.

We need to change this line of thinking if we are ever going to truly compensate everyone who deserves to be compensated for devastating injuries to those who have suffered minor injuries. Everyone needs to be compensated for something they have suffered even if it is only worth compensating them $1,000 plus paying for their chiropractic or physical therapy treatment to stop their constant neck or back pain while driving or working. Doesn’t everyone deserve a good night’s sleep or the ability to function without pain like they did before the car accident injuries?

Who actually pays when you sue someone?

The insurance company is the one that hires the lawyers to defend the person that caused the car accident injuries. The insurance company is the one who will pay if there is an award at trial by the judge or jury to compensate the person injury in the car accident. The insurance company is the one who pays if you settle a case. There is almost no chance the person that causes a car accident will have to pay out of pocket because everyone has insurance and is required to have insurance. Everyone thinks why would you do that to this person or that person when a lawsuit is filed against someone but is COMPLETELY ILL FOUNDED. The insurance company is the one who is going to write the check and the other person may have to pay $100 more a year. Would you save someone $100 and the insurance company $100,000 because someone says you shouldn’t sue the person that caused the car accident or go after their insurance?

Everyone can afford to hire a lawyer but you cannot afford not to hire one – most cases don’t go to trial.

Hiring a Seattle personal injury lawyer to represent you for a car accident injury case does not mean that we are going to have to “sue” someone. To the contrary, most cases are settled with insurance companies outside of court for fair compensation without having to file a lawsuit/sue someone. Most people do not know this because of society’s view on hiring a lawyer and associating that with filing a lawsuit every time. Everyone needs a lawyer for their personal injury car accident case to negotiate a fair settlement but not everyone hires one because of this stigmatism.

Andrew CherinStigmatism around suing ill founded?
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Top 5 Tips to Negotiate Your Car Accident Injury Case

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If you are injured in a car accident, I highly recommend hiring a Seattle personal injury lawyer to represent you for your car accident injury case. If you decide to try to negotiate the car accident injury case on your own with a trained negotiator like the insurance adjuster on the other side, which I highly discourage, here are 5 tips to negotiate your case.

1. Wait until you are fully healed to start negotiating your settlement

Too many people get notices from insurance companies in the mail at the outset of their case and throughout their case saying they need to take this offer now or lose the offer. This is an insurance trick to try to get you to settle early before all your injuries are healed leaving you with more time at the chiropractor with more bills that need to be paid from your settlement, or leaving you in pain with no treatment. Ignore the insurance company until you are healed and given the ok to stop treatment by your doctor, chiropractor, or physical therapist.

Once you are healed, you have an idea of what your medical bills are, how long it took you to heal, what your injuries were, and how much you lost because you missed work due to your injuries or had to use vacation or sick pay (which are compensable).

2. Calculate all your expenses and include copies of them all to the insurance

You are entitled to compensation for medical bills, lost wages, future lost wages, lost earning capacity, future medical treatment, and pain and suffering. Collect all your medical bills from all of your providers and add them all up. Collect all your pay stubs and notes from doctors and employers showing days missed and excused work. If you have suffered a permanent partial disability as a result of the car accident, take your current salary and discount it by your disability and multiply that by your expected working life, which give you your lost earning capacity or future lost wages. Include all of these bills in your negotiation with the insurance company.

3. Get all your medical bills paid by your medical insurance or your auto insurance

If you get your medical bills paid up front, sometimes you can negotiate with insurance companies how much they are owed back from the settlement. Most importantly, however, is that you will be able to get the treatment that you need for your car accident injuries. If you are unlucky to not have these great insurance plans to pay for your treatment, you may not be able to afford the treatment out of pocket, which you will not be able to pay for until after you have settled the case giving a lot more weight to the insurance company adjuster’s pressure for you to settle now to pay for your medical bills. They will not pay for your medical bills until you settle with them, unless your are a passenger, pedestrian, or bicyclists who qualify for PIP from the defendant’s insurance company separate from the settlement.

4. Collect all your medical records and get a letter from your doctor linking injury to car accident

When you are negotiating with the insurance company’s adjuster, you need to come prepared with medical jargon knowledge. You need to know what your injuries were and what the treatment for them consisted of. If you don’t know the language and what injuries are severe and what are minor, you will not have any leverage on the insurance company. They have all the money but you have some power if you know what your case is actually worth and what your injuries suffered are.

5. Search on line for your case value and start off negotiations much higher than where you want to end up

Every case is different so there is no bright line rule on how much your case is worth. You will find some people getting different values for same injuries because of a number of factors that no two people truly share. Two cases with the same injuries can be worth far different amounts because of how much treatment each person actually does, the cost of their treatment, the duration of their treatment and pain, and the amount of lost wages each has. If two people have identical treatment and injuries but one person makes $100 an hour and the other makes $10 an hour and they both missed 10 hours of work, the first person gets an additional $1,000 while the second person only gets $100, a difference of $900.

Because there are so many factors that go into determining how much a case is worth and how much more knowledge insurance adjuster’s have of case worth and pressure they put on you to settle from the outset, I highly recommend you hire a Seattle personal injury lawyer for your car accident injury case. Consultations are free and we are paid out of the settlement so everyone can afford to hire one but you cannot afford to not hire one as a result of what you could be missing out on.

Andrew CherinTop 5 Tips to Negotiate Your Car Accident Injury Case
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Does your car insurance follow you or the car?

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I have run into this question a number of times and no one knows the answer. Would you find it interesting to know that this answer really depends on the language of your contract with your insurance company? I didn’t think so. However, this is exactly how it is. I can tell you generally that insurance can follow your car and you. Here are a couple examples to show the situations where your car insurance can benefit you from a couple case examples I have come across as a Seattle personal injury lawyer for car accident victims.

Will my insurance cover me if I am hit by another car while I am a pedestrian or riding my bike to pay for my medical bills up front?

Yes, in fact your car insurance personal injury protection coverage will cover your medical bills if you are struck by another car. However, did you know if they have PIP insurance as well, you will get whatever coverage plan they have in addition to your car insurance. Their insurance PIP plan will actually be primary if you are a pedestrian or bicyclist. Most people don’t know that the defendant’s insurance will not cover your medical bills until you settle your case leaving you with either no treatment or large collection bills that negatively affect your credit.

Will my insurance cover my son if he drives my car but he is not named on the policy?

Yes, in fact your car insurance will generally cover anyone that drives your car with your permission and anyone inside your car. They will have the benefit of both your liability insurance as well as your PIP insurance to cover your medical bills.

Will my insurance cover me if I am a passenger in another person’s car?

Yes, your PIP insurance would be secondary to the driver or owner of the car.

Will my insurance cover me if I am driving another person’s car?

Generally, your insurance is for your car but there are some situations where your insurance could cover you in the car you are driving. This is why people generally use their own insurance when they use a rental car. It covers not only your car but also rental cars as well in certain circumstances. This is because it is meant to be a temporary vehicle.

Will my insurance cover a car that I just bought but haven’t registered with my insurance?

Generally, your insurance will only cover that new car for a short duration before you need to apply for coverage on it or add it to an existing plan. It will cover your new car even if it is a used car. Each policy is different but generally I believe it is about one month’s time. You should always add your new car immediately though.

It is really nice to know that your car insurance can actually be used in a number of situations where most people would not really think of their insurance coming into play and protecting them. If you have been injured in a car accident, you need a Seattle personal injury lawyer to represent you right now before you lose your rights. Contact me today for a free consultation.


Andrew CherinDoes your car insurance follow you or the car?
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Now Entering The Most Dangerous 100 Days for Driving

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Contrary to popular belief and thought, Summer is actually the time when most people get into car accidents. In the summer time there are far more drivers on the road driving away for the weekend to lakes, mountains, and rivers to get away from the heat. In Seattle, many people drive east of the mountains in search of warmer weather, hiking, fishing, and camping.

Many people would think that winter is where most of the most dangerous car accidents occur because of the treacherous weather. However, summer months create more drivers on the road, more people drinking and driving, and faster speeds on the road due to clear conditions and people in a hurry to get out of traffic jams or across the mountains.

CNN wrote a news article about the 100 most dangerous days of driving for teen drivers. Their study found that in the years 2010 through 2014, over 5,000 people died in crashes involving teen drivers in the 100-day period following Memorial Day.

The article goes on to say that there are a number of reasons that teenagers are getting into more accidents during the summer months that include more passengers in their car and driving on roads that are unfamiliar to them.

Driving with other passengers increases during the summer months as teens often like to ride with friends to the lake, malls, or other locations in order to have fun during the massive amount of free time they now have on their hands with school out for the summer. Driving with passengers can be distracting for new drivers that aren’t familiar with all the street signs and aggressive driving of more experienced drivers. Teenagers in a car together can be loud or want loud music, cause distracting behaviors by telling the driver to look at their phone, and more.

Driving on unfamiliar roads increases in the summer months where teenagers were once used to driving to and from school and now are driving to the lake, mall, over the mountains, or to neighboring cities that they normally don’t travel to during the school months. Driving on unfamiliar roads can be a hazard to some teenagers that are impulsive fast drivers that want to get somewhere fast but don’t know about sharp turns or blind corners causing increase risks of car accidents.

Make sure your teenage drivers are driving responsibly and taking extra precautions to know the roads they are driving on and to keep passengers calm without getting distracted on the roads. Summer months are about having fun and hopefully not dealing with tragic car accident injury cases. If you are injured by a teenager driver in a car accident, give me a call for a free consultation on your personal injury case.

Andrew CherinNow Entering The Most Dangerous 100 Days for Driving
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How a Seattle Personal Injury Lawyer can help with reducing bills? Subrogation

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Seattle personal injury lawyers can help a personal injury car accident victim in many ways including reducing the medical bills owed back in the settlement and repaying insurance companies for medical bills they covered and are owed back, subrogation.

Subrogation is the process whereby your own insurance company has paid for your medical bills and is owed back for what they have paid in the settlement by the other insurance company. If you don’t have a Seattle personal injury lawyer your insurance company will put a lien on your case and get paid directly from the at fault insurance company out of your settlement. This takes a lot of money out of injury victim’s pockets out of the settlement recovery.

If you have a Seattle personal injury lawyer representing you, one of the biggest benefits is having them negotiate your hospital bills, medical imaging bills, medical insurance subrogation, and auto medical insurance (PIP) bills owed back to much lower. The lower these bills are, the more money you receive in your pocket out of the settlement. This can often put at least an extra $1,000 in your pocket if not much more, a great benefit.

If you have been in a Seattle car accident, call today for a free consultation 2068506716 or email

Andrew CherinHow a Seattle Personal Injury Lawyer can help with reducing bills? Subrogation
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How pre-existing injuries can help a low impact case?

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Pre-existing injuries can actually help your Seattle personal injury case if you have a “low impact case”. The reason for this is because pre-existing injuries actually make it so someone may be more likely to be injured in a car accident where there is little or no damage where other people would not have been injured.

The key in using pre-existing injuries in a Seattle car accident injury case is determined by your Seattle personal injury lawyer but it often comes down to these things: type of injury and active treatment.

They type of injury suffered in the low impact case must be similar to the pre-existing injury that you suffered before this Seattle car accident injury case. This means that if you had neck surgery, you must now have another neck injury that is similar to the previous type of injury. In this scenario a pre-existing neck injury could not work for a now right knee or low back injury suffered in the low impact case.

In low impact cases with pre-existing injuries, the treatment for the pre-existing injury should have been completed or very minimal at the time of impact in the car accident for it to be effective. If someone has completed treatment for their neck surgery and now suffer similar type pain after the car accident that they were not experiencing right before the car accident, insurance companies will accept the low impact case as causing the injury suffered. However, if treatment was still the same following the car accident as it was before, it will be tougher to show an exacerbation of a previous pre-existing injury and link it to this car accident.

If you have been injured in a car accident call Andrew Cherin today at 2068506716 or email me at

Andrew CherinHow pre-existing injuries can help a low impact case?
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