Washington Injury Law Blog

No texting while driving!

Drivers are banned from text messaging while driving starting in 2008. Police say they are going to put special emphasis on this new law. So beware! It’s at least $101 fine if caught. However, the police have to stop you for some other traffic law violation before you can get the texting ticket.

What about banning cell phones while driving?

Ask and you shall receive. As of July 1, 2008 cell phones are banned while driving unless used with a hands free device. So those of you who have been salivating over a new blue tooth headset its time to buy. I for one am counting down the days until this law takes effect. As a lawyer I use my cell as much as the next guy, but people need both hands while driving. How many times have you been following someone and they’re swerving all over the road, speeding up then slowing down, and you’ve thought they must be drunk, only to pull along side and see a cell phone glued to one ear with the driver oblivious to any traffic around them. It drives me crazy! Plus there’s at least one study that states driving while using a cell phone distracts people as much as if the were actually driving drunk. That’s just scary to me. Be safe, hung up the phone and just drive!

Boat license anyone!

Starting in 2008 anyone under 20 years old will have to take a boating safety class before they can obtain a boat license. After 2008 the age increases by 5 each year thereafter. So by 2018 anyone under the age of 70 will have to take a safety class to get a boat license. The good news is that taking such a class often gets you cheaper insurance and the class can be done online.  Also, if you’re born before 1955 you’re grandfathered in and never have to take the class. Call it an early senior discount!

Have a safe and happy New Year!

Over my three part series I have explained the Top 7 Errors to Avoid When Treating your Car Accident Injuries. All 7 errors to avoid are listed below.  Car accident victims often don’t have the information they need at the time of the accident when they start receiving medical care for injuries caused by the car accident. Hopefully by reading the below list you have gained some useful insight into how to protect your injury case.

It doesn’t matter whether you ultimately hire and attorney to help you on your injury case or not, the insurance companies will always look for these errors and use them against you when they find them. Everyone deserves to be treated fairly. It’s my hope to level the playing field a little for you by providing this information.

Here are the Top 7 Errors to Avoid when Treating your Car Accident Injuries:

1. Not seeking medical treated immediately.  When you have been injured and feel pain do not delay in  seeking medical care.  Not seeking medical treatment immediately often times leads to insurance companies arguing that you must not have been hurt very badly if you were able to wait days or weeks before first seeing a doctor.  Protect your health and your case by seeking medical treatment as soon as possible.

2. Not following the doctor’s instructions.  When your doctor tells you what to do to heal your injuries you need to follow through with what your doctor recommends.  Your doctor is the expert at diagnosing and fixing injuries, and your injury case will likely depend on his expert opinions.  The insurance company will minimize the severity of your injuries because you failed to do what was recommended by your doctor.

3. Not starting or completing therapy recommended by your doctor. If your doctor instructs you to go to 12 physical therapy treatments over the next six weeks, do it! Don’t let your busy schedule dictate when you’ll get the medical care you need. Delays in starting treatment and stopping before treatment is completed allows the insurance company to argue your injuries weren’t bad or you must have been healed earlier than expected. Protect your case and promptly seek treatment that’s recommended.

4. Self-referring to other types of treatment without consulting your doctor. An injury case is very often dependant on your primary doctor’s expert opinion regarding if you were injured and the severity of that injury. If you go to a chiropractor or other health care provider without first discussing it with your primary doctor it can look like you may be seeking unnecessary care. Keeping your primary doctor in the loop and in your corner protects your case.

5. Skipping treatment appointments or letting large gaps in time pass between treatment follow-ups. When you miss appointments or stop treating for long periods it implies that you are not suffering from your injuries. If your injuries were bad and very painful we would expect you to be very motivated to seek the treatment needed to stop the pain and suffering as quickly as possible. Life can get in the way of the best-laid plans, and you can learn to live with the daily discomfort, but it does a great disservice to your injury case when this happens.

6. Failing to disclose preexisting injuries. You need to be open and honest with your doctor. Failing to tell him about a prior injury to the same body part or any other body part can lead him to incorrect conclusions and opinions. Since your case is normally very dependent on your doctor’s expert opinion, you don’t want the facts that your doctor bases those opinions (part of which is your medical history including preexisting injuries) to be based upon inaccurate information and thus open to attack by the insurance company. It’s best if everything is out in the open, that way your doctor and attorney can deal with any complicating issues appropriately. Just because you have preexisting injuries does not mean you lose, Washington law still allows for such situations as do many other states laws.

7. Not having your car insurance or health insurance pay your medical bills. When the at-fault party or you pay your medical bills you hurt your injury case. There is a financial benefit to you when your car insurance or health insurance pays your medical bills for you. Don’t hurt your case by failing to take advantage of available insurance coverage. The reason for this is complex due to subrogation issues that may vary depending on the type of insurance coverage you have available to you.

Just because you were in a car accident that someone else caused that doesn’t mean that you should be made to feel guilty or defensive about getting medical treatment you need to heal. Being injured in a car accident is serious and may only happen once in your lifetime.  Don’t hurt your case by committing the above errors in the assumption everything will work out in the end. Nobody is going to take care of you except you. 

Insurance companies are in the business of making money and will generally only do the minimum required regardless of how long you’ve been a customer. However, that doesn’t mean just because you were in a car accident that someone else caused you should be made to feel guilty or defensive about getting medical treatment you need to heal. 

Healing from injuries suffered in a car accident can be time consuming, frustrating and stressful. But if you want to receive fair compensation for the injuries caused by the car accident you need to work at getting better by being diligent in your treatment, honest with your doctor and taking advantage of available insurance coverage. Doing these things and avoiding the top 7 errors when treating your car accident injuries will in most cases establish a solid foundation for your injury case, and help you maintain the full value of your case when it comes time negotiation a settlement or file a lawsuit.