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False Assumption - 6. The insurance company for the other driver will believe me
The insurance company for the other driver will believe me when I tell them how much it hurts. Being examined by a health care provider shortly after a collision allows you to obtain some beneficial relief. At the same time, the injured person obtains…
Published Tuesday, July 24, 2007

Depreciation of the value of your vehicle after a collision
Oftentimes a newer car will be in a wreck and the insurance companies will attempt to repair the vehicle. What happens when the car has a significant reduction in the value because of the stigma of having been repaired, and the value has gone down…
Published Saturday, March 02, 2013

Allstate Insurance improperly refused to honor homeowner's claim in Staples v Allstate
This week, in an opinion authored by Hon. Charlie Wiggins, the Washington Supreme Court, No. 86413-6, determined in an 8-1 vote, Allstate Ins. Co. failed to provide sufficient proof they were prejudiced and was remanded back to the trial court level…
Published Friday, January 25, 2013

Phantom Vehicle - What is not Corroborating Evidence
An uninsured motorist claim can be brought when an unknown, third-party has caused the collision. In order to prove that a “Phantom Vehicle” caused the collision, independent evidence, not coming from the claimant or claimant’s family can establish this…
Published Friday, December 29, 2017

Intoxication of Person Injured or Killed - Defense
Intoxication of Person Injured or Killed – Defense WPI 16.03 states the following: “It is a defense to an action for damages for personal injuries/wrongful death that the person injured/person killed was then under the influence of alcohol or any drug…
Published Monday, January 16, 2017

Wisdom when it comes time to settle
Following a car crash, many individuals become strapped for cash because they are out of work. They may decide to pay for items such as food, health care deductibles, etc. with a credit card, with the idea the at-fault driver’s insurance will…
Published Tuesday, November 30, 2010

Reliability of Evidence - Evidence Rule 403
Evidence Rule 403 stands for the proposition that evidence which is more prejudicial than probative should be excluded from a jury’s purview. A recent unpublished decision, Gilmore v. Jefferson County Public Transportation, (Jefferson Transit) rendered…
Published Monday, December 11, 2017

False Assumption - 7. The pain has generally gone away
The pain has generally gone away, so I do not really need to follow my health care provider’s instructions. Once you seek health care, it is very important that you follow the instructions of your physician. Occasionally, a client will stop the…
Published Tuesday, July 24, 2007

WPI 70.09 - Bicyclists – Statutory Rights and Duties A person riding a bicycle upon a roadway has all the rights of a driver of a motor vehicle and must obey all statutes governing the operation of vehicles except for those statutes that, by their…
Published Tuesday, September 27, 2016

Under the Influence of Alcohol or any Drug- Analysis of Bodily Substance
Under the Influence of Alcohol or any Drug - Analysis of Bodily Substance - Intoxication Defense Statute WPI 16.05 states the following: “If you find that, within two hours after the occurrence causing injury or death, a person had 0.08 g or more of…
Published Tuesday, January 31, 2017

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