Andrew Cherin

Andrew Cherin

Seattle Passenger in a car accident, whose fault?

May 21, 2018 Andrew Cherin ,

If you are injured in a Seattle car accident while riding as a passenger, you have many options for recovery but probably have many questions.

Who is at fault for the car accident and whose insurance can I go after?

Determining who is at fault for the car accident is the first step to determining who will pay for your injuries. If your driver is at fault for the car accident, you can go after their insurance policy to pay for your medical bills, lost wages, and pain and suffering – even if they are related to you.

This is a good benefit that some people do not take advantage of because of fear that the family member or friend will have to pay this amount. This could not be further from the truth. The insurance company may pay you $10,000 or more and the family member or friend will not have to pay a penny of this amount. The worst that could happen is if their insurance premiums go up a few dollars per month, in most situations.

If another car is at fault, passengers injured in a car accident can go after the person that hit their driver’s car directly. Passengers are entitled to pain and suffering, medical bill compensation, and lost wages, among other possible damages. People that are responsible for your injuries will not pay for your medical bills up front, unless you are going after the driver of your car and they have PIP insurance. However, it is a good idea to not settle your case until you are fully healed. This means that you must find another way to pay for your medical bills right now until you are healed.

Who will pay for the passenger’s medical bills now though?

Personal injury protection (PIP) is an auto insurance policy that pays for medical bills and lost wages while you are awaiting a settlement from the responsible party. PIP is available to passengers under the driver of the car’s auto policy if the driver has paid for PIP insurance. Additionally, you can use your own auto insurance policy PIP to cover your injuries if there is no other PIP available to you or you have exhausted it all from the other policy.

Another option to cover your medical bills right now is your own medical insurance. Medical insurance will deny the claim at first unless they know no other medical coverage is available to pay for your bills. Medical insurance generally doesn’t cover massage bills and usually has limited chiropractic allowance.

A third option is to pay on a lien to medical providers. Most physical therapists, chiropractors, and massage therapists will allow you to pay them back out of the settlement. However, most if not all of these places will require you to have a personal injury lawyer representing you to accept this arrangement so that they can guarantee through the car accident injury lawyer that they are paid.

How long will it take to get a good settlement?

Contrary to some thinking, hiring a personal injury lawyer does not mean filing a lawsuit in most cases. In fact, most cases can be settled within 2-3 months of an injured person being discharged from treatment and feeling 100% again.

Additionally, hiring a Seattle personal injury lawyer is not super costly and in most instances gets you more money than you could on your own even after a lawyer’s fee is taken account of. Seattle car accident injury lawyers are paid out of the settlement so you never have to pay them out of pocket. Call today for a free consultation.

Andrew CherinSeattle Passenger in a car accident, whose fault?
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Seattle School Zone Times and Safety

May 16, 2018 Andrew Cherin , ,

There is not greater cause than to keep our children safe as they learn to integrate into our society and learn the dangers of society. School zone safety mechanisms are such causes.

We make 20 mph speed limits in school zones so people can safely stop when an unexpected child runs out into the middle of the street because they were chasing a ball, running to their parents, or playing tag. Children in grade school, especially, are learning basic life skills and may not be aware of the true dangers of walking or running around busy school streets.

Seattle has so many school zones that you may miss them if you are driving in an area that you are not familiar with. This could lead to a $234 ticket by camera or by police officer, if you are driving over 20mph while the flashing lights are on or children are present.

For the 2017-2018 school year, Seattle school districts changed some of the usual hours for schools. Instead of grade schools starting at 9am and going until 3pm, most grade schools are now starting at 7:55am and going until 2:25pm. However, on Wednesdays, schools have early releases at 1:10. This means that the school zones will go on earlier and you may be caught unaware if you are not careful.

Most Seattle middle schools and high schools changed from 7:45am starts and going until 2:15pm to 8:55-3:45 and getting out at 2:30 on early dismissal Wednesdays. For a complete list of school schedules, check out the Seattle school districts site here.

The reason for the change in times was because of studies showing that younger children are wide awake early in the morning while teenagers and other young adults need more sleep in the morning.

According to the Seattle school districts website, School zone cameras and flashing warning signals generally start 40 minutes before a school starts and lasts until about 10 minutes after school is to start. Additionally, the school zone cameras and warning signals start 10 minutes before school gets out and ends 30 minutes after school ends.

No one wants to see their child or anyone else’s child hit by a car. There is no more of a horrific scene than to see your young, innocent loved one struck by a car. Car accidents are devastating events that are easily preventable with care and attention for those around you. Drive safely and anticipate others. Drive slow in school zones for your children and other children’s safety and well being.

Andrew CherinSeattle School Zone Times and Safety
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Seattle Car Accident Injury Case with Pemco

May 14, 2018 Andrew Cherin , ,

If you are injured in a car accident with someone who has Pemco insurance, here are some things you should know before settling your case.

Pemco is in the business of making money.

They are not in the business of handing out money they don’t have to. If you are injured in a car accident and representing yourself, you are going to be fighting an uphill battle. They have the money and you have not experience negotiating about how much an injury case is worth. Therefore, they are only going to offer and pay you what they want to pay you, not what you deserve.

Pemco is only going to pay for your medical bills once you settle with them.

This can be problematic for people that do not have a lawyer and do not have PIP insurance. PIP insurance is an auto policy that you can purchase that will pay for your medical bills while you wait to settle your case with Pemco.

What can you do if Pemco is not paying for your medical bills?

Pemco will generally only offer to pay for your bills right now if you qualify for their PIP insurance under the defendant’s policy. Generally, the only way you can qualify for their PIP insurance is if you were hit by their insured while riding a bike, walking across a street, or as a passenger of their insured. You can use your PIP insurance, medical insurance, or pay back your medical providers on a lien out of the settlement.

Do not settle your car accident injury case with Pemco until you are fully healed or the extent of your injuries are known.

Pemco will pressure you into settling your case early by telling you that they will not pay anything more so you better take the money they are offering now even though you are not done with your medical treatment. Tell them you do not want to talk to them until you are fully healed. In Washington State, you have three (3) years to settle your case so there is generally a lot of time to heal after a car accident and not feel pressured to settle by Pemco.

How much is your case worth against Pemco in a car accident in Seattle?

Generally, you are entitled to pain and suffering, medical bill compensation, and lost wages, among other things. The best way to maximize the value of your case against Pemco is to hire a Seattle car accident injury lawyer. Hiring a lawyer does not mean that you will have to file a lawsuit, contrary to many beliefs. It does mean maximizing your case value by have an lawyer who only negotiates car accident injury settlements, negotiate your settlement and lower your medical bills.

Hiring a Seattle personal injury lawyer is easy and costs you nothing.

Personal injury lawyers are paid out of the settlement and studies show that people that hire a car accident injury lawyer for their case put twice as much money in their pocket as those who do not hire a lawyer and try to settle on their own, even after lawyers fees are taken out.

Andrew CherinSeattle Car Accident Injury Case with Pemco
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What to do after being injured in a car accident?

May 10, 2018 Andrew Cherin , , ,

If you have been injured in a Seattle area car accident, you can quickly become overwhelmed with paper work from your insurance company and the defendants insurance company. You may have a lot of questions such as: Who should repair your car? Who should pay for your medical bills? Whose claim number should you use to give to your chiropractor or physical therapist?

Who should repair your car?

Generally, you can go with the defendant’s insurance company to repair your car and you will generally be treated fairly. However, there are a couple conditions for this statement. If your car has minimal damage, you may want to consider having your own insurance company cover the damages to your car.

The reason for this is because you do not want the other company to get the advantage of seeing your car when you can’t see their car’s damage, which may show much more than the damage to your car. Bumpers are solid and made to absorb impact but front ends of car are generally not as well protected, so your car may show little to no damage while their car shows a lot, which can be misleading showing a low impact. Low impact cases will limit the value of your case without a lawyer.

Another reason, is if your car is fairly new with very little mileage on it. If your car has very little mileage and is less than one year old, you are entitled to a diminished value claim which can be worth a few thousand dollars. You will want to have an attorney representing you for this portion of your case if you have a new car.

What claim number should you give your medical providers?

You should never give the defendant’s claim number to your chiropractor, physical therapists, etc. This gives the defendant insurance company and early view of your case and may increase phone calls pressuring you to settle your case. Only give your PIP claim number or medical insurance information to your medical providers.

Who should pay for your medical bills?

The defendant’s insurance company will pay for your medical bills, eventually. However, they will not pay for your medical bills up front unless you are hit by a car as a pedestrian, bicyclist, or were riding passenger in a car that was at fault for a collision. You must wait until you are fully healed and then the defendant’s insurance will settle with you for medical bills, lost wages, and pain and suffering in one lump sum. They will never pay for you medical bills as you go and your bills will be sent to collections.

Who pays your medical bills right now then?

You have a couple of options to pay for your medical bills including your auto insurance policy persona injury protection plan, medical insurance, or pay them back on a lien basis out of the settlement.

Personal injury protection is an auto insurance policy that you can elect to have or not. Generally, it is $10,000 but some people elect to pay a little more for higher limits. Personal injury protection will cover your medical bills and lost wages. You do not need to have a referral from a medical doctor to see a physical therapist, chiropractor, etc., when using PIP, although it may help with your overall case.

Chiropractors can refer you to physical therapists, take x-rays, refer out for MRI’s, and refer you out to specialists. This is why starting with a chiropractor can be an excellent first stop to start your healing process after a car accident.

Medical insurance can be used for your car accident injury case to pay for medical bills right now while you are waiting to settle your case. Medical insurance often covers large hospital bills and other doctors’ appointments. However, medical insurance is not taken by some chiropractors. Additionally, most insurance plans do not include massage therapy or acupuncture, two types of therapy that really help people injured in car accidents heal faster.

Medical liens are a good option for those who do not have personal injury protection on their auto policy nor have medical insurance that is accepted by chiropractors, physical therapists, massage therapists, etc. Most medical providers will allow you to obtain medical treatment on a lien basis as long as you have an attorney representing you for your car accident injury case. The medical providers will want you and your attorney to sign a lien that guarantees payment out of the settlement.

If you have any questions about your car accident injury case, please do not hesitate to reach out to me for a free consultation (206) 850-6716 or andrew@lawcherin.com. Hiring a personal injury lawyer does not mean filing a lawsuit but does mean maximizing the value of your case. Most cases do not need to go to trial but can be settled outside of court and usually within a couple months of you completing your treatment.

Andrew CherinWhat to do after being injured in a car accident?
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Can honking your horn get you a ticket?

May 9, 2018 Andrew Cherin , ,

The other day my wife told me that she saw a Facebook post from a local mom’s group that someone had gotten a ticket from Seattle police for honking at someone to move on a green light. I was somewhat surprised that the person was given a ticket, as I am sure you are as well. The Facebook group said that you are only allowed to honk in emergency situations.

The law in Seattle for honking your horn is found in RCW 46.37.380. It states that the driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his or her horn but shall not otherwise use such horn when upon a highway.

Since the law states that you can use your horn when reasonably necessary to insure safe operation of driving it is up to someone’s interpretation whether you were using it to make someone safe. Therefore, the judge could review the infraction and determine whether someone was acting reasonably when they honked their horn at another person who was not going on a green light. The person’s argument could be that because the light was green, they would fear that someone may rear end them if they do not start moving soon.

The law does not state that it has to be an emergency, it only states that honking the horn will insure safe operation of the car. What is safe operation of the car? Safe operation of the car could be anything, really. It could be to warn someone not to turn into them that may not see you in their blind spot in order to avoid a car accident. It could be to make someone aware of you that is trying to turn right in front of you.

What it is not, however, is something that is from road rage. You cannot honk at someone because they cut you off for incessant amount of time. One honk warning them that they might hit you should be ok. Blaring on the horn is not ok after that point. This probably also means that you cannot honk at your friend to come out of the house because you are here. Basically, you cannot honk your horn for anything other than to warn or make other drivers aware of what you are doing or what they are doing to keep each other safe, seems like a reasonable interpretation of the statute.

 

 

Andrew CherinCan honking your horn get you a ticket?
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Common Courtesy Wave Could Lead to Trouble

April 26, 2018 Andrew Cherin ,

The other day a man was driving his car trying to turn left across traffic. A woman stopped to let him across because traffic was congested She motioned him to come through the intersection but another car came flying up in the lane next to her and hit the guy trying to turn left. Who is at fault for a situation like this?

Obviously the driver who was taking a left has to yield for oncoming traffic so he is liable at first glance, but what about the woman who signaled him across? Shouldn’t she take some blame by so adamantly waving him across in a way saying, “traffic is clear buddy, you better hurry up and take my nice gesture”? Or should the guy be 100% liable as he should have gone slow and checked the next lane? What if he couldn’t see very far down the next lane?

In general, the person waving another person through an intersection has no duty to the other driver to keep them safe from harm but only to make sure they do not hit the other person. However, once the driver signals to the other driver to come through their intersection, this person may be undertaking a duty to the driver they waved through the intersection.

The case would hinge on how much of a duty the court viewed the woman who signaled the man through the intersection has by the wave. If the wave was an emphatic one that made it appear that there was no more traffic and the coast is clear, a court may find the woman has undertaken a duty to act reasonable with the safety of another driver she has now signaled. However, if the court found that the wave was just a signal to the other driver she is letting him through but not that there is more traffic coming, this could alleviate her responsibility for the car accident.

The moral of the story is to be extra careful when waving cars through an intersection when you do not have control over drivers that are behind you and lanes that are next to you. You may be at fault for waving someone through an intersection or into traffic that you otherwise would not have been.

Andrew CherinCommon Courtesy Wave Could Lead to Trouble
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Drunk Driving Car Accidents

April 20, 2018 Andrew Cherin , , ,

Being injured in a Seattle car accident with a drunk driver can have life altering consequences. In the flash of an eye, the drunk driver can seriously alter the course of someone’s life and their family’s lives as well.

Drunk driving is a serious issue even today with all of the potential ways to get home besides driving themselves, like Uber, Lyft, Lightrail, the bus, etc. There are too many options to make the excuse that someone had to drive home from the bar or club when they were drunk. This excuse is inexcusable.

How to recover against a drunk driver?

If you are injured in a car accident with a drunk driver, you can make a claim against their insurance company. The minimum limits on insurance coverage in Seattle is $25,000, hardly enough to even cover one hospital bill.

With some statistics showing nearly 50% of people driving around with bare minimum or no insurance coverage, everyone should get uninsured or underinsured motorist (UIM) coverage added to your policy today. UIM insurance stands in and covers the additional damages that you suffered that were not covered by the policy of the drunk driver. This can cover lost wages, medical bills, pain and suffering, etc. Depending on how much coverage you buy, this could significantly help you if you are hit by a drunk driver.

What if the defendant and your UIM insurance is not enough?

Drunk driving car accidents cause drastic injuries that can have $500,000 in medical bills alone. If you or the defendant don’t have combined car insurance policies of $1,000,000 or more, you probably are not getting completely compensated for your injuries.

In the likely event that there is not enough insurance coverage to go around, you may have to look for other avenues to obtain compensation for your injuries. If other cars were involved, you may have another avenue to pursue that car’s insurance coverage.

Bars and restaurants can be liable for their drunk drivers

However, a more likely source of recovery is the bar or bars that the defendant who was drunk driving got hammered at. Bars are liable for over serving alcohol to people that are obviously intoxicated. The reason is that bars are making money off of selling lots and lots of alcohol, often taking advantage of people who are too drunk to understand when they have had too much to drink.

The state of Washington, like many other states, believes that bar owners and serves should prevent people from getting too drunk to drive. In Washington state, the legal blood alcohol limit is .08, which can be as little as two alcoholic drinks. Many people drink far more than two alcoholic drinks when they frequent a bar.

To make bar owners and servers more responsible so they don’t take advantage of drunk people and to keep drunk drivers off the road, the state of Washington created a statute which holds bars responsible for their patrons who get too drunk and hit someone while drunk driving. This is called the dram shop statute.

What is the dram shop statute?

The dram shop statute states that bars must refuse to serve people that are obviously intoxicated or they will be responsible for injuries that are caused by the drunk driver. The state requires training for bar tenders to detect over intoxicated patrons.

Bars are jointly and severely liable for the injuries caused by drunk drivers that got drunk at their bar. This means that the bar can be responsible for 100% of the damages that are caused despite the other person’s fault in driving drunk.

Bars in Seattle are generally required to have a minimum of $1,000,000 in liability insurance for these very reasons.

Dram shop cases are very tough and require a lot of investigation to determine that someone was over served while at a certain bar. However, most people go to bars or clubs with friends. There will be witnesses to see how drunk someone was at the bar or club and someone saw them continue to be able to buy drinks besides obvious signs of intoxication.

Witnesses are hard to find and their testimony may become vague or clouded over time. For these reasons, it is important to hire a Seattle personal injury lawyer as soon as possible in order to collect and preserve vital evidence to your injury case. Call today for a free consultation (206) 850-6716 or email andrew@lawcherin.com

Andrew CherinDrunk Driving Car Accidents
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Tailgating causes traffic not slow drivers?!

April 18, 2018 Andrew Cherin ,

I came across an article in the Wall Street Journal from October 12, 2016 that stated that driving slow and steady in traffic is better at relieving traffic than tailgaters who are actually causing traffic jams.

The article was written around a theory by Seattle engineer William Beaty. Mr. Beaty theorized that by driving slower and leaving a gap in front of you, you can maintain your speed while allowing others to merge or exit in front of you as they please, easing bottlenecks.

The theory is that traffic jams are created when people who are not in the exit lane but need to get into the exit lane merge over at the last second but are blocked by people not allowing them in by tailgating. This causes the lane that the person trying to exit to slow down because the late merging car needs to get over first before they can go around them. This can push traffic back for miles depending on how congested traffic is at the time.

People that tailgate leave no room for people to merge into an exit lane or from an onramp, slowing down traffic behind that car. This pushes traffic back, when had they let the car merge into their lane, traffic in the last minute exiter or merger could continue to move freely without braking.

The theory is that if everyone left space for others to merge over or let people merge over as soon as they want, traffic would freely flow, assuming that everyone is driving at the same speed. Speeders, tailgaters, last minute decision makers are the ones that are actually causing traffic jams, not the slow steady moving traffic people.

Tailgating causes car accidents when the car in front of them unexpectantly has to slam on their brakes. This causes a rear end car accident and injuries to the person and backs up traffic for miles as the cars have to pull over to the side of the road or sit their waiting for ambulance, tow trucks, and or police to arrive. Car accidents can block multiple lanes and even the whole freeway depending on how severe the injuries suffered in the car accident are.

Seattle already has some of the worst traffic in the US and it is only getting worse with some estimates stating 250 people are moving into the city every day. We do not have the best bus, light rail, or train system set up to handle the large amount of people that have to commute into Seattle every day so we must learn to be better drivers and avoid car accidents as much as possible.

Popular thought is that people need to speed and shorten distance between cars in order for traffic to continue to flow. This new theory comes counter to popular thinking but could work, if everyone maintained speed and did not accelerate, allowing others to merge in front of them so that traffic continues to flow with no one hitting their brakes.

Andrew CherinTailgating causes traffic not slow drivers?!
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Motorcycle cut off and crashes, who is at fault?

April 18, 2018 Andrew Cherin ,

If you are injured in a motorcycle accident in Seattle, you should hire a Seattle personal injury lawyer to look into the facts of your case. Most insurance companies are biased against motorcycle riders and feel like they are unsafe people in general. However, this is not the case. Motorcyclists are just like every other person who enjoys the freedom of driving with the wind in their hair/helmet.

Motorcycle riders are susceptible to greater injuries than car drivers in car accidents

Motorcyclists are also far more vulnerable to being severely injured in a car accident. Motorcyclists are more prone to being injured in a car accident because they do not have the safety equipment like a seat, head rest, insulation of a big car, safety belt, and windows from protecting them. Motorcyclists are prone to being thrown from their bike if they are in a car accident, which is the equivalent of being thrown through a windshield in a car accident.

Motorcyclists are susceptible to aggressive drivers – who are at fault for car accidents

Motorcyclists are just like all other drivers on the road, plus a little more maneuverability. However, when someone cuts off a motorcyclist, they cannot merely slam on their brakes and be ok. When a motorcycle slams on its brakes, it severely increases the ability of the driver to be thrown over the handle bars or the bike from sliding out. This means if a car drives in front of a car at the last second and the rider ditches their bike or falls off, the car that cut off the biker is at fault for any resulting injuries to the motorcyclist.

 Motorcycles are hard to see but it is not their fault

Some people claim that motorcycles are hard to see so they cannot be at fault for cutting off a motorcycle, illegally changing lanes in front of them, or coming into contact with them on a lane chance. Not heading the right of way to a motorcycle driver while going down the street is not a good excuse for car drivers who cause a motorcycle driver to fall off their bike and crash. The car driver will be at fault 100% of the time.

Motorcycle riders need help collecting evidence

Being injured in a motorcycle accident can leave the driver of the bike unconscious, whereby they cannot defend themselves if the other driver says the motorcycle driver was driving too fast, speeding, etc. that caused them not to see the motorcycle. There is a bias against motorcycles that are street bikes because people believe these people are racing at all times. This could not be further from the truth. However, this is why it is important for motorcycle riders to have mounted cameras on their bikes to act as an independent witness in case no one sees the motorcycle accident.

If you are injured in a motorcycle accident, contact a Seattle motorcycle accident injury lawyer today for a free consultation. We are paid out of the settlement so there are never any out of pocket fee costs to you. Call today (206) 850-6716.

Andrew CherinMotorcycle cut off and crashes, who is at fault?
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Should you call the police after a car accident?

April 13, 2018 Andrew Cherin , ,

If you are injured in a car accident, you absolutely should call the police to come to the scene of the crime. Many people believe that they don’t have to call the police and they shouldn’t call the police because it will take too long for them to get there and the other person seems like a nice person.

While most people are good and honest people, some people will try anything they can to get out of owing something to someone, including a car accident that will go on their record, a ticket, and increased rates. They may try to lie about how the car accident happened or lie about their name and insurance information. Police will not stand for this and get the correct information for you.

If you do not call the police to the scene of a car accident, you are setting yourself up for a he said she said battle. This can end badly for you if you are injured in a car accident but there were no other witnesses and they create a story that sounds good, especially if you rear ended them or it was a T-bone type car accident.

Generally, when someone rear ends another person, they are at fault for the car accident and subsequent injuries that are caused. However, there are situations where someone pulled out in front of them or merged into their lane that caused a rear end car accident. These situations need witnesses to prove who caused the car accident.

Calling the police to the scene of a car accident is in your best interest if the other person caused the car accident. Police can document the scene of the car accident, take down witness reports, and take down insurance information for each party.

The other person will not run when they hear the police are being called and you have their license plate number. Saying that you are calling the police to the person that caused the car accident creates a need for them to stay at the scene. This is because if they try to flea the scene, they could be charged with a felony for hit and running, depending on the damage that they caused.

Getting witness statements and phone numbers is vital to any car accident injury case. Without independent witnesses, those people not related to you or friends of yours, you will have a battle of he said she said, even when police come to the scene. It is very important that at the very least, you flag down the person driving near you to get their phone number. You may never have to use it but their information can be vital to prove what really happened in a car accident.

Andrew CherinShould you call the police after a car accident?
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