Our Car Accident Lawyer Will Fight Back If the Negligent Driver's Insurance Claims You Were Partially at Fault in a Washington Car Crash
If another driver caused a collision and you were hurt, you may be entitled to compensation under state law. Unfortunately, the other motorist's insurer might do everything possible to force you to accept a lower settlement—or deny your claim completely. One way it may do this is to argue that you were partially to blame for the crash.
At Max Meyers Law, we have decades of experience successfully settling our clients' Washington car accident claims. This is because we understand the tactics insurance companies may use to attempt to take advantage of injury victims. We’ll help prove the other driver’s wrongdoing and fight for the damages you deserve for medical expenses, lost wages, property damages, and pain and suffering.
So—The Insurance Company Says You’re Partly to Blame. Now What?
While it can be devastating to be accused of causing the collision when you know you did nothing wrong, you can—and should—fight back. The first thing to do is realize that the insurer’s statements that you were negligent are likely not true.
Our legal team recommends that you take these steps to protect your rights:
- Get the police report. The report provides information, such as details about how the wreck happened, the officer's conclusions as to who was at fault, and whether the other driver received a traffic citation. These facts help prove the true cause of your car accident.
- Get contact information. This includes phone numbers and email addresses of the other motorist, their insurance company, and eyewitnesses to the collision.
- Preserve evidence. Get as much evidence as you can right away, such as photos of the scene, damage to the cars, and road and weather conditions. All this and more helps support the other driver’s negligence caused the crash. In addition, save your medical bills, medical records, paystubs, other income documentation, and property damage estimates and receipts that will establish the amount of compensation you should receive in your settlement.
- Get medical care. You protect your health and may avoid other disputes with the insurance company about your injuries if you are examined by a doctor soon after your car accident—even if you don't believe you were hurt. It’s also essential to follow your physician's treatment plan, attend all appointments, and not have any gaps in your medical care.
- Don't admit fault. Be very careful what you say about the auto accident when talking to law enforcement, the other driver, or the insurance company. Avoid making statements that could be misconstrued as an admission you were partially at fault, such as "I'm sorry" or "I wish I were paying more attention so I could have avoided the collision."
- Retain an attorney. Contact Max Meyers Law as soon as possible after the car accident. In fact, call our office immediately if an insurance adjuster says you were partially to blame for the crash.
How Our Washington Car Accident Lawyer Helps Prove You Didn’t Cause the Crash
You must show all the elements of a car accident claim, including that the other driver's negligence caused it, to obtain compensation from the insurance company. Here are ways our team helps prove your case:
- Collect evidence. We’ll gather additional proof to support the actual negligence responsible for the crash. For example, we may obtain additional photos and video recordings of the collision taken by passengers or witnesses, get traffic and business surveillance camera footage of the wreck before it’s taped over or destroyed, and subpoena the other vehicle's black box data.
- Get witness statements. We’ll interview eyewitnesses to the car accident and obtain their written statements before they disappear and while their memories are still fresh.
- Hire experts. If necessary, our legal team will hire an accident reconstruction expert or another expert who helps prove how the other motorist's negligence caused the wreck.
- Negotiate a settlement. We take over all communications with the insurance company and refute the adjuster's claims that you were partially to blame. We’ll also attempt to negotiate a settlement that fully compensates you and helps you get your life back on track.
- Sue the driver. Attorney Max Meyers will file a lawsuit and litigate your claim if the insurer won't be reasonable, or the three-year statute of limitations to sue under RCW 4.16.080 expires soon. While it’s likely that your case will settle sometime during the litigation process, Max isn’t afraid to try your case at a jury trial if this is in your best interests.
What Happens If You Were Partially at Fault in Causing Your Washington Car Accident?
It’s possible that the facts demonstrate that you assume some responsibility for the crash. However, you shouldn’t give up the fight to obtain compensation from the negligent driver's insurance company. You could still get a substantial settlement from them.
Washington follows the pure comparative negligence doctrine. Under this law, you’re still entitled to damages even if you were negligent. However, the amount you could receive is reduced by your percentage of fault.
How does this work? If you were 20% at fault and your claim's value is $400,000, you could still be able to recover $320,000 from the other driver's insurance company. Our legal team can establish that your percentage of fault was low and will fight to secure the maximum recovery you deserve.
