Car Accidents

Is it safe to buy a used car seat or rent one?

February 4, 2018 Andrew Cherin Baby Safety, Car Accidents, Insurance, Tips

You should always buy a new car seat, if possible. It is one of the few things that you should go out and buy new for your baby as it can keep him or her safe in a car accident. However, there are some times where you may want to borrow a car seat from a rental car agency because you are on vacation or you simply cannot afford a brand new car seat. All car seats that have been in a car accident need to be replaced, even if not visually damaged – this is something that you can get compensation for through your own insurance if you have comprehensive coverage or through the person that caused the car accident when negotiating the property damage portion of your car accident injury case.

If you are going to borrow or buy a used car seat, you should verify that the car seat has not been in a car accident, is not over 6 years old, has not been recalled by the manufacturer, comes with the original manufacturer number and instructions, and has no visible damage or missing parts.

Verify The Age of The Car Seat

Do not buy a used car seat unless you can verify the age of the seat. Most car seats have a manufacturer’s label on the back or bottom of the car seat that gives the manufacture date or a specific expiration date. Harnessed car seats generally last 6 years from the date of manufacture, unless there is a different expiration date marked on the seat.

Verify Expiration Date By Calling Manufacturer

If you’re not sure about the expiration date, call the manufacturer. The date of manufacture and manufacturer contact information must be on one of the seat labels by law. If the labels are missing from the car seat, it’s best not to use it, as the labels would also give you important model information that would alert you to potential recalls.

Check to See if There Has Been a Recall

Check to see that your car seat has not been recalled for some reason. You cannot use a car seat that has been recalled. The National Highway Traffic Safety Administration (NHTSA) have a website that shows all of the recent recalls for car seats.

A Car Seat In a Car Accident Needs to Be Replaced

NHTSA and manufacturers encourage replacement of car seats if there was a car accident in moderate to severe car accidents. They used to encourage getting a new car seat in every car accident but they lowered their standards recently because some people were unable to buy a new car seat and newer car seats are much stronger than car seats used to be.

The NHTSA has recently lowered their standard for determining whether a car seat needs to be replaced in a minor car accident. The NHTSA dictates that a crash is considered minor if it meets all five of the following criteria:

• There is no visible damage to the car seat that might have been caused by the crash.

• The vehicle was capable of being driven from the crash site.

• The car door nearest to the child restraint was undamaged.

• No one in the vehicle was injured in the crash.

• The air bags did not deploy.

However, you probably won’t be able to get all this information from someone that is selling you a used car seat because they may be untruthful or may not have any information about the car accident. It is hard to determine whether a car seat was involved in a serious car accident or not just by looking at it because it may show no visible signs of being damaged.

Original Parts All Intact

You must also determine whether used car seats still have all of the original parts needed for safety. Some parts can be lost over time. One illustration of this is a harness on a combination seat that is removed when the child outgrows it, and is later replaced without a seemingly small piece that affects the function of the harness in a crash.

Insurance Will Pay For a New Car Seat in a Seattle Car Accident

If you have been injured in a Seattle car accident, you should make sure your car seat is replaced and covered in the car accident by the insurance company. Call a Seattle personal injury lawyer today to make sure you get a new car accident included in your car accident injury case.

Where is the optimal place for car seats?

February 4, 2018 Andrew Cherin Baby Safety, Car Accidents, Tips

In case of a car accident, you want to give your child the best chance of survival and the best chance for not being injured. Car accidents are a part of life it seems these days, especially in Seattle where traffic is congested, people are highly caffeinated, and the roads are slick. Your baby does not need to be a casualty of a car accident if you take proper precautions. Where is the safest place to put your baby’s car seat to protect them?

The safest place for your child’s car seat is the back seat and away from air bags. The reason why car seats are never supposed to be in the front seat and away from air bags is because the air bag could hit the back of a rear-facing car seat, right where your child’s head is, and cause a serious or fatal injury. A child who rides in a forward-facing car seat could also be harmed by an air bag.

The best place to install a car seat is the back seat. Additionally, even better is the center seat in the back row. This is because there is less risk of glass being shattered into the baby’s face and eyes in case of a “T-Bone” car accident. There is also less chance that the baby or child’s arms or legs will hit the car door or any other objects in the even of a car accident.

The US National Library or Medicine posted a study in 2008 that showed that children sitting in the center seat in their car seat are 43% safer than those that are positioned on one side or the other. Additionally, they posted another study in 2008 that showed that people that are in fatal crashes have a 13% increase in survival if they sit in the center seat versus one of the side seats. A lot of this has to do with cars impacting someone who is seated on the side seats versus the center. The center is relatively protected compared to all other seats from being actually touched by a car, telephone pole, or any other outside force in a car accident.

Installing the car seat in the middle of the back seat is very strenuous on some people and some people may not want to have to reach all the way into the center of the car to put their baby. However, a little extra effort can be the difference between making sure your baby is as safe as possible from car accident injuries and not.

Additionally, car seats are big and can take up a lot of room in your back seat forcing you and your passengers in the front seat to move their seats up to an unsafe position in smaller cars. If a car seat is situated in the center back seat, you and your passenger can put your seats back so your legs are not cramped. If they are on one of the sides, you may have a cramped passenger.

The next safest spot is the passenger side rear seat. This is more due to having to take your child out with cars passing you if you park on a busy street if you had him or her seated behind the driver. Car seats are big and can stick out pretty far. You don’t want to be on the busy street side of your car as long as you have to so you don’t get hit by a car or drop your baby on the street.

NEVER put a rearward-facing baby seat in the front if there is an active passenger airbag. It is illegal and dangerous to do so, because if the airbag goes off, it will hit the baby seat and fling it forward with considerable force.Some people are not fortunate to own multiple cars and can’t easily afford to by a new one, whereby their only means of transportation is front row only pickup truck. If it’s necessary for a child to travel in a vehicle such as a pickup truck that has only one row of seats, deactivate the front air bags.

When do you have to stop for school buses?

February 2, 2018 Andrew Cherin Car Accidents, Law, Pedestrians

A lot of people are confused on where and when people are supposed to stop for school buses in Seattle. Some people believe that oncoming traffic doesn’t have to stop but the cars behind the bus do have to stop. When do you have to stop for school buses?

According to RCW 46.61.370 and SMC 11.53.440, you must stop for school buses if you are traveling behind the school bus no matter the type of road or highway you are on if the school bus driver has their amber stop sign out and flashing. If you are going the opposite direction of the school bus, you must stop for the school bus on all roads except those divided by a barrier or roads with three or more lanes or traffic going each direction.

Stopping for school buses is for the safety of the children on the bus that need to cross the street to get to their house or get onto the bus. Not stopping for buses creates a danger where young children may run into the street and possibly get hit by a car causing a car accident to the young pedestrian. Stopping for school buses helps avoids pedestrian car accidents to young children and preventing significant injuries suffered in Seattle car accidents.

Fines for not stopping for a school bus with a stop sign out on the bus are double and are $419 in King County.

The Seattle school district along with others school districts in King County have installed high resolution cameras on their school bus stop signs to take pictures of license plates of cars that do not obey the stop sign of school buses. The pictures are sent to King County Sheriff to enforce.

During a pilot program last year, Seattle school district officials said they recorded nearly 600 vehicles passing a stopped school bus over 112 school days. While it’s against the law to pass a stopped bus, bus drivers don’t have time to record license-plate numbers and other information on their own.

11.53.440 – Overtaking and passing school bus.

Except as provided in subsections C and D of this section, the driver of a vehicle upon overtaking or meeting from either direction any school bus which has stopped on a roadway for the purpose of receiving or discharging any schoolchildren shall stop the vehicle before reaching such school bus when there is in operation on the school bus a visual signal as specified in Section 11.82.520 and the driver shall not proceed until such school bus resumes motion or the visual signals are no longer activated.

The driver of a school bus shall actuate the visual signals required by Section 11.82.520 only when the school bus is stopped on a roadway for the purpose of receiving or discharging schoolchildren.

The driver of a vehicle upon a street divided into separate roadways as provided in Section 11.53.080 need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging schoolchildren.

The driver of a vehicle upon a street with three (3) or more marked traffic lanes need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging schoolchildren.

The driver of a school bus may stop completely off the roadway for the purpose of receiving or discharging school children only when the school children do not have to cross the roadway. The school bus driver shall actuate the hazard warning lamps a defined in RCW 46.37.215 before loading or unloading school children at such stops.

No school bus shall stop on an arterial street at a location other than an intersection, except at designated bus zones, passenger load zones, school loading zones, or load and unload zones for the purpose of receiving or discharging schoolchildren; provided, that school buses receiving or discharging handicapped, impaired or disabled students may stop at the most advantageous location for loading and unloading. (RCW 46.61.370)

(Ord. 119011 § 13, 1998: Ord. 108200 , § 2(11.53.440), 1979.)

RCW 46.61.370

Overtaking or meeting school bus, exceptions—Duties of bus driver—Penalty—Safety cameras.

(1) The driver of a vehicle upon overtaking or meeting from either direction any school bus which has stopped on the roadway for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus when there is in operation on said school bus a visual signal as specified in RCW 46.37.190 and said driver shall not proceed until such school bus resumes motion or the visual signals are no longer activated.

(2) The driver of a vehicle upon a highway divided into separate roadways as provided in RCW 46.61.150 need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging school children.

(3) The driver of a vehicle upon a highway with three or more marked traffic lanes need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging school children.

(4) The driver of a school bus shall actuate the visual signals required by RCW 46.37.190 only when such bus is stopped on the roadway for the purpose of receiving or discharging school children.

(5) The driver of a school bus may stop completely off the roadway for the purpose of receiving or discharging school children only when the school children do not have to cross the roadway. The school bus driver shall actuate the hazard warning lamps as defined in RCW 46.37.215 before loading or unloading school children at such stops.

(6) Except as provided in subsection (7) of this section, a person found to have committed an infraction of subsection (1) of this section shall be assessed a monetary penalty equal to twice the total penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended. Fifty percent of the money so collected shall be deposited into the school zone safety account in the custody of the state treasurer and disbursed in accordance with RCW 46.61.440(5).

(7) An infraction of subsection (1) of this section detected through the use of an automated school bus safety camera under RCW 46.63.180 is not a part of the registered owner’s driving record under RCW 46.52.101 and 46.52.120, and must be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and46.20.270(3). However, the amount of the fine issued for a violation of this section detected through the use of an automated school bus safety camera shall not exceed twice the monetary penalty for a violation of this section as provided under RCW46.63.110.

RCW 46.61.150

Driving on divided highways.

Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section or by a median island not less than eighteen inches wide formed either by solid yellow pavement markings or by a yellow crosshatching between two solid yellow lines so installed as to control vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, or median island, except through an opening in such physical barrier or dividing section or space or median island, or at a crossover or intersection established by public authority.

Water causing a car accident – whose fault?

February 2, 2018 Andrew Cherin Car Accidents, Driving Tips, Law, Liability

This is the rainy season in Seattle and there is no shortage of water on the road. Seattle wet weather plus Seattle aggressive driving equals car accidents. It is a fact that people in Seattle drive way too fast in the rain. These people must not have been in a car accident yet because if they have been in one they would drive much slower in the rain. Whose fault is the car accident if you drive and slide out because of the rain?

Sliding out or hydroplaning in the rain, is a term that describes cars losing traction with the ground. A car generally loses traction to the ground in wet weather where the car is driving too fast for conditions and there is too much water on the ground.

There is actually a law in Seattle that makes it illegal to drive too fast for conditions. The law states that – “No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.”

Heavy rain qualifies as a potential hazard which requires you to drive slower than the speed limit. A reasonable and prudent person would drive slower if there is heavy rain and water standing on the road.

Therefore, if you hydroplane into another car, you are at fault for the personal injuries that the other person may suffer because of you driving too fast for conditions. Your insurance will cover any injuries and damage that the other person suffered in the car accident. If you have been injured, please contact a Seattle personal injury lawyer immediately for a free consultation.

RCW 46.61.400

Basic rule and maximum limits.

(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

(2) Except when a special hazard exists that requires lower speed for compliance with subsection (1) of this section, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits.

(a) Twenty-five miles per hour on city and town streets;

(b) Fifty miles per hour on county roads;

The maximum speed limits set forth in this section may be altered as authorized in RCW 46.61.405, 46.61.410, and46.61.415.

(3) The driver of every vehicle shall, consistent with the requirements of subsection (1) of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

Can Uber or Lyft drivers stop wherever they want?

January 31, 2018 Andrew Cherin Car Accidents, Law, Lyft, Uber

I know you have all been behind a car that you think is just a random car in Seattle only to find it abruptly stop and throw on its hazard lights. It is so frustrating to be behind what you think is a normal car only to find it stop in the middle of the road and you nearly get in a car accident because they are an Uber or Lyft driver dropping off or picking up a passenger. Is it legal for them to stop in the middle of the road wherever they want and nearly cause a car accident?

It is actually illegal for Uber and Lyft drivers to put on their hazard lights and stop in the middle of the road to allow passengers in or out of their car. This requires a fine and is a moving violation not a parking violation.

SMC 11.72.040 – Blocking or obstructing traffic—Occupied vehicle.

No person shall stop, stand or park a vehicle and remain therein upon or along any street when traffic will be unreasonably obstructed. Violation of this section constitutes a moving traffic violation rather than a parking violation. (RCW 46.61.560)

How then can and should Uber and Lyft drivers let passengers in and out of their car? Uber and Lyft drivers should only let passengers out in designated load an unload areas in downtown Seattle. This is why these areas were created and why no one is allowed to park in these areas.

Some will point to RCW 6.61.560(3) as creating an exception for Uber drivers to use their hazard lights to drop off and load passengers. However, this subsection only applies to public transport and non profit organizations that transport disabled people. This subsection does not create an exception for Uber and Lyft which are for profit organization who are not primarily transporting disabled people.

RCW 6.61.560(3) Subsection (1) of this section does not apply to the driver of a public transit vehicle who temporarily stops the vehicle upon the roadway for the purpose of and while actually engaged in receiving or discharging passengers at a marked transit vehicle stop zone approved by the state department of transportation or a county upon highways under their respective jurisdictions. However, public transportation service providers, including private, nonprofit transportation providers regulated under chapter 81.66 RCW, may allow the driver of a transit vehicle to stop upon the roadway momentarily to receive or discharge passengers at an unmarked stop zone only under the following circumstances: (a) The driver stops the vehicle in a safe and practicable position; (b) the driver activates four-way flashing lights; and (c) the driver stops at a portion of the highway with an unobstructed view, for an adequate distance so as to not create a hazard, for other drivers.

Is smoking and driving illegal in Seattle?

January 28, 2018 Andrew Cherin Car Accidents, Law

With Washington State’s new distracted driving laws in full effect, many things you do while in the car can now be a fineable and insurance reportable offense. Smoking a cigarette, not an e-cigarette or vape pen, while driving is a highly distracting behavior and should be a primary offense but it is not. Smoking while driving is a secondary offense in Washington State. This means that if you must have committed another driving offense you can get a ticket for smoking while driving in addition.

You can get a ticket for a secondary offense called dangerously distracted driving if you are doing any activity not related to driving that in the officer’s view interferes with driving safely, which includes smoking a cigarette. If an officer sees you make an illegal lane change, drive in an erratic manner, speed, run a stop sign, cause a car accident, fail to yield to a pedestrian, run a red light, or commit any other traffic stop worthy offense, you can be ticketed for an additional penalty if you were smoking a cigarette and the officer believes this contributed to your distraction.

Smoking a cigarette while driving is a highly distracting behavior that causes dangers to those around them and those riding in the car with them. If a driver decides to start smoking during their drive, they must take one hand off the wheel and look around their car for the cigarette and lighter, they must physically look away from the road in front of them, and they must be very careful to light the cigarette on the steering wheel. Additionally, they will need to ash their cigarette either into the car’s cigarette tray or out of the window. The entire process of lighting and smoking a cigarette while driving is extremely dangerous.

The National Institutes of Health published a report examining the impact of smoking while driving and its consequences. The study found that on average, drivers who were smoking were even more distracted than people who used a cell phone. Cigarette smokers averaged 12.0 seconds of distraction (equitable to traveling 525 feet without looking at the road), while cell phone users averaged 10.6 seconds of distraction (traveling 492 feet).

The Federal Motor Carrier Safety Administration conducted a 5-year study into the dangers of smoking while driving a truck and discovered that smoking was a source of distraction in about 1 percent of all distraction-related car accidents for truck drivers. This is also just the reported number of people that said that they were smoking. Many people probably didn’t say that they were smoking because they were embarrassed or ashamed.

The ticket price: An additional $99 is added to the other primary offense.

RCW 46.61.673

Dangerously distracted driving.

(1)(a) It is a traffic infraction to drive dangerously distracted. Any driver who commits this infraction must be assessed a base penalty of thirty dollars.

(b) Enforcement of the infraction of driving dangerously distracted may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of a separate traffic infraction or an equivalent local ordinance.

(c) For the purposes of this section, “dangerously distracted” means a person who engages in any activity not related to the actual operation of a motor vehicle in a manner that interferes with the safe operation of such motor vehicle on any highway.

What you post on Facebook can be used against you?

January 26, 2018 Andrew Cherin Car Accidents, Insurance, Tips

If you are injured in a Seattle car accident, chances are high that the insurance adjuster as searched your Facebook, Twitter, and instagram pages to see your activity level. If you have just been injured in a car accident and all of a sudden you are posting pictures of you on a skateboard doing tricks, the insurance company is going to be skeptical and use that against you even if those pictures posted after the car accident were actually pictures taken before the car accident.

Insurance companies can look at your Facebook and other social media if you have your privacy settings set to public. The pictures you post on social media could be from a long time ago but they insurance company may believe that they are of you today and a jury will think the same. Your Seattle personal injury lawyer can prove that these were pictures from a long time ago before the car accident but it makes it much more difficult.

You social media may be discoverable at trial so your privacy levels may not even matter. Courts are somewhat up in the air about whether your social media accounts are discoverable by insurance companies in car accident injury cases. However, it would be a good idea to keep your social media private so they are not easily witnessed by insurance adjusters who then will not offer anything for your case and make it much more difficult to settle your case outside of trial.

You generally cannot fake injuries in car accident injury cases and the truth will come out one way or another. There are too many barriers for someone to fake the insurance industry and the insurance industry has too many resources to be faked. Your doctors will not treat you if they think you are faking an injury because they could lose their license. A lawyer will not take your case if they believe you are faking because they could lose their license. The truth will come out one way or another in the end. Insurance fraud is no joke and could come with monetary fines as well as jail time.

Debunking Seattle car accident injury calculators for case value?

January 25, 2018 Andrew Cherin Car Accidents, Insurance, Tips

If you are injured in a Seattle car accident injury case, you have probably searched for your case value and came across personal injury calculators. You have probably looked into personal injury calculators to figure out how much your case is actually worth. Many of these websites will say that your case is worth 3 times the medical bills and lost wages, however, this is highly misleading and inaccurate. However, this is still not how much you will see in your pocket. This is generally what the personal injury lawyer says your case is worth before you have to pay back medical bills and your personal injury lawyer. Additionally, lost wages are generally not included in the multiplier, only added in after the multiplier.

Your Seattle personal injury case could be worth far more 3 times the medical bills or your personal injury case could be worth less than 3 times the medical bills. What determines whether a case is worth more or less is the type of treatment you receive, the permanency of your injuries, and the other factors. Every case is different so it is hard to pinpoint exactly what a case is worth but these are the general factors that are considered when determining a case value. You should set up a free consultation with a Seattle personal injury lawyer to learn more about your case value.

Most importantly, no one can accurately determine your case value or give you an estimation on your case value until your injuries are fully healed and you have completed 100% of your medical treatment or gotten as close to 100% as possible. There are too many factors that go into determining car accident injury case value that cannot be predicted without fully being healed, medical bill totals, lost wage totals, and permanency of injuries calculated.

What makes a case worth more than 3 times the medical bills and lost wages? These are car accident injury cases that have permanent, life changing injuries. Typically, these cases involve a surgery, lengthy hospital stay, and permanent impairment of some ability you used to have but no longer have because of the car accident. Additionally, these cases could have giant loss of income ability and lost wages that make the case value worth more than 3 times the medical bills calculation.

What makes a case worth less than 3 times the medical bills and lost wages? These are car accident injury cases that generally only have diagnostic costs such as MRI, x-rays, or CT scans that are expensive with little or not medical treatment. This is typically where the diagnostic tests are more expensive than the actual recovery medical treatment that is given like physical therapy, chiropractic treatment, etc. These cases are worth some money but generally not worth as much as cases where someone has gone through long treatment and has permanent or temporary debilitating injuries. Additionally, cases where massage therapy is the only form of medical treatment is generally not worth as much as other treatment.

Waiting too long to hire a personal injury lawyer may wreck your car accident injury case?

January 25, 2018 Andrew Cherin Car Accidents, Insurance, Tips

Waiting too long to hire a Seattle personal injury lawyer can wreck your personal injury case and make it much less valuable than it could have been if you hired one from the get go.

If you wait too long you could lose out on great advice and rights you could have been entitled to but waited too long. A Seattle personal injury lawyer will let you know from the outset of your case how to pay for the medical treatment that you need right now. Your car accident injury lawyer will be able to find insurance coverage to pay for the medical treatment that you need or possibly find you a doctor that will give you the medical treatment that you need and wait to be paid out of the settlement via a lien that your attorney signs as do you.

By delaying getting the treatment that you need at the outset of the case, you are giving the insurance adjuster the ability to argue that you were not injured by the car accident and this must be from some other act. Additionally, if you don’t get treatment early, the jury will think that you are not that injured otherwise you would have got treatment immediately or soon after the car accident.

Additionally, if you wait too long to hire a Seattle personal injury lawyer you could lose out on your case. In Washington State you have three years from the date of your car accident to either settle or file a lawsuit. If you do not settle or file a lawsuit within this time period, you no longer have any avenues to seek recovery against the defendant.

If you wait too long to hire a Seattle car accident injury lawyer, you may lose out on potential defenses that you may have had to mitigate defense insurance arguments limiting the value of your case. Some times a person in a car accident could have potential holes in their case such as partial liability or fault. A personal injury lawyer can mitigate this by going to the car accident scene, taking pictures, getting witness statements before they disappear, or more. Additionally, hiring an accident reconstructionist early can avoid potential pitfalls by insurance adjusters hanging their hat and withholding money because of their view that there is partial liability.

It is best to find a Seattle personal injury lawyer at the outset of your case so you know your rights and they can limit the arguments that the insurance company can use against you to make for a less contentious settlement.

Why you shouldn’t give a recorded statement to defendant’s insurance?

January 23, 2018 Andrew Cherin Car Accidents, Insurance, Tips

A potential pitfall for Seattle car accident injury victims is when it comes to talking to the other insurance company and giving them too much information. While the truth will always come out, it is a good idea to not give them the opportunity to spin your words into something that is untrue or misleading.

At the outset of a Seattle personal injury case, the other insurance company will ask for you to give a recorded statement. This may seem harmless but it is ripe with danger. The insurance adjuster is trained in asking questions that may be misleading or lead to inaccurate information.

Some of these questions can include talking about your medical history and your current symptoms. The insurance adjuster loves talking about prior injuries and trying to relate those injuries to the current car accident injury case. If you had prior injuries, they will ask if the injuries seem like the same injuries you suffered in this car accident and if they were present before this car accident. This could lead you into a hole that may be hard to get out of.

Additionally, insurance adjusters will try to ask you about your current injuries. They may try to downplay your injuries on the phone and ask you how you know you are that hurt. They may ask you how you are feeling right now and you may say fine. However, they will not ask you about how you felt last night or when you were driving in your car. Moreover, many injuries manifest themselves over a period of days after the car accident. The sooner they talk to you and get a recorded statement, the harder it is for you to say all of a sudden you are injured and need all this care.

They will and can use the recorded statement in court as a prior inconsistent statement or to show that you were not hurt. If all of a sudden you are hurt but during the recorded interview you said you were fine, the jury may look down on you as untrustworthy or lying about your injuries and the severity of them.

Additionally, the recorded statement may have to do with how the car accident happened. If the car accident happened because of anything but a rear end car accident, they may try to put words in your mouth like you ran the red light or you ran the stop sign. They could say that you saw my client right? So why did you continue if you saw them. They didn’t see you. Even if you didn’t see them or you had no time to stop. They can easily put words into your mouth on how the car accident happened and potentially make it your fault if there are no independent witnesses to say otherwise.

If you have been injured in a car accident, you need a Seattle car accident injury lawyer to represent you before you talk to the insurance company. You don’t need to make a statement to the defendant’s insurance company but you may need to give one to your insurance company. Make sure you have a lawyer representing you before you give any statements to anyone.