State of Washington

What Happens If The Car That Hit You Doesn’t Have Enough Insurance?

Posted on Thursday, March 31st, 2016 at 4:59 pm    

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The unexpected happens – you get hit by a car.  Fortunately, you live to tell about it, but then you find out that the person who hit you doesn’t have any (or enough) car insurance and no personal assets you can collect.  What happens next?  Well, that all depends on what you did to protect yourself.

All drivers in Washington are required to have liability insurance to protect people they may injure.  However, according to a study published by the Insurance Research Council in 2011, 16% of Washington drivers do not carry liability insurance, making Washington the 10th highest uninsured rate in the nation.  The national average of uninsured drivers is “just” 13.8%.

Even if drivers follow the law and purchase liability insurance, they are only required to purchase $25,000 worth of insurance.  This means that there is only $25,000 in insurance coverage to pay your medical bills, wage loss, and compensate you for your pain and suffering.  To make matters worse, insurance policies generally provide $25,000 per person up to a maximum of $50,000 per collision.    This means that, if the driver injures more than 2 people in one collision, only a total of $50,000 exists to compensate all the people who were injured, regardless of the severity of the injuries.

So – how do you protect yourself and your family, if the person who hit you has either no insurance or not enough (and no personal assets to collect)?  The answer is easy – purchase UIM insurance (known as uninsured/underinsured motorist insurance).

These are the top 10 important features of UIM insurance:

  1. It provides insurance coverage if the negligent driver who hit you does not have any
  1. It provides insurance coverage if the negligent driver who hit you does not have enough
  1. It provides insurance coverage if your car is hit by another car driven by a negligent driver.
  1. It provides insurance coverage if you are hit by a negligent driver while riding a bike.
  1. It provides insurance coverage if you are hit by a negligent driver while walking.
  1. It provides insurance coverage if you are a passenger in a car driven by a negligent driver who causes the wreck and who doesn’t have any or enough insurance (provided that you did not participate in, cause, or know about the negligence).
  1. It does not cause your insurance premiums to increase as a result of the claim.
  1. It does not cause your insurance to be cancelled as a result of the wreck.
  1. You may be able to resolve the insurance claim against your insurance company via the quicker and less expensive method of arbitration, instead of trial.
  1. Your insurance company owes you certain duties in resolving your claim and must treat you fairly (the insurance company for the driver who caused the collision has no such obligation).

Some people think it isn’t “fair” to have to use their own insurance or they worry about filing a claim against their own insurance company.  Why?  UIM insurance is a product, just like all of the other things you buy, and it is there to be used if you need it.  If you bought an umbrella to keep the rain off your head, would you feel badly about opening the umbrella in your hand if a rain shower passed over your head?  Would you think it was “unfair” to have to use your own umbrella?  Of course not.

Although all drivers are required to purchase liability insurance, it is simply unwise to ignore the fact that many don’t.  Instead, take personal responsibility for yourself and your family and purchase UIM insurance.  It is inexpensive and the benefits it provides are invaluable.  How much should you purchase?  As much as you can afford, but in no case should you purchase less than $100,000.

The attorneys at Nelson Boyd have over 50 years of combined legal experience in representing injured people and fighting insurance companies.  If you have been injured, if you have an insurance claim, or if you just have questions about insurance coverage, please contact us at (206) 971-7601Nelson Boyd – We Care.  We Can Help.  www.nelsonboydlaw.com


Long Term Disability Insurance

Posted on Monday, March 7th, 2016 at 4:20 pm    

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Long Term Disability Insurance is a valuable employee benefit that many employers provide.  It is also a type of insurance that some high wage earners purchase on their own.  It is also a complex, confusing, and frustrating area of insurance law that most lay people, and many attorneys, do not understand.

There are short time limits for submitting information, strict requirements regarding the information you must submit, and confusing standards that the insurance company applies to determine whether you are disabled.  Many times, it seems that the insurance company’s primary goal is to deny your claim.

Do not be fooled, the insurance adjuster is not your “friend,” regardless of how pleasant or nice they may be.  Their goal is to find a way to deny your claim and possibly use their phone calls and emails with you to assist them in denying your claim.  Be very, very careful in your dealings with insurance adjusters.

The type of law that applies depends on the type of insurance policy you have and, in many cases, the identity of your employer.  Some long term disability insurance policies are governed by an oppressive Federal law known as “ERISA.”  Other long term disability insurance policies are governed by state law which creates much broader recourse and leverage to people who have this type of insurance.

The attorneys at Nelson Boyd have over 50 years of combined legal experience in representing injured people and fighting insurance companies.  If you have been injured, if you have an insurance claim, or if you just have questions about insurance coverage, please contact us at (206) 971-7601Nelson Boyd – We Care.  We Can Help.   www.nelsonboydlaw.com


HELPING MAKE WASHINGTON SAFER FOR EVERYONE!

Posted on Monday, November 23rd, 2015 at 1:42 pm    

Many large businesses, fast food restaurants, big box stores, and public parking lots still do not comply with the Americans with Disabilities Act even though this law is now 25 years old! The failure of these businesses to comply with the law creates barriers and hardships to people with disabilities.

The Nelson Boyd law firm, in conjunction with the Carlson, Lynch, Sweet & Kilpela firm from Pittsburgh, Pennsylvania, is working with people with disabilities to demand that property owners bring their facilities into compliance with the ADA. We have investigated and identified a number of violations of the law by major retailers including Fred Meyer, Applebee’s, Staples and Sears.

Through a series of claims and lawsuits in Federal court, we are demanding that the courts issue (a) declaratory judgments that these businesses are in violation of the specific requirements of Title III of the ADA, and (b) permanent injunctions which direct these businesses to take all steps necessary to remove the architectural barriers and to bring their facilities into full compliance. In addition, we are seeking orders that the businesses change their corporate policies to prevent the reoccurrence of access barriers, and that the facilities be monitored to ensure future compliance.


WHAT ARE MY RIGHTS AS AN EMPLOYEE IN THE STATE OF WASHINGTON? MINIMUM WAGE

Posted on Monday, October 19th, 2015 at 6:41 pm    

Dollar Bills

Historically, there were no rules about what employers had to pay their workers.  If an employer could find someone to work 14 hours a day for $1.00 a day, there was no law against that.

We are fortunate to live in the State of Washington, where the minimum wage is the highest in the United States, and one of only 10 states that adjust the minimum wage based on inflation and the Consumer Price Index for Urban Wage Earners and Clerical Workers. For the year 2015 & 2016, the minimum wage rate is $9.47 per hour. This rate applies to both agricultural and non-agricultural workers, however, 14- and 15-year-old workers may be paid 85 percent of the adult minimum wage ($8.05).

Most workers must be paid the minimum wage for all “hours worked” as required by state law. “Hours worked” includes opening and closing the business, and attending required meetings and training. Any time spent by an employee in the performance of these duties must be recorded and paid.

Businesses may not use tips as credit toward minimum wages owed to a worker.

More information on Washington’s minimum wage is available at Wages.Lni.wa.gov.

Workers have fought for decades to have the legal right to a minimum wage.  If you feel you are not being paid according to the law, call Nelson Boyd at (206) 971-7601.  We will fight for your rights!


WHAT ARE MY RIGHTS AS AN EMPLOYEE IN THE STATE OF WASHINGTON? MEAL PERIODS AND REST PERIODS

Posted on Monday, October 19th, 2015 at 6:36 pm    

stevepb / Pixabay

stevepb / Pixabay

Historically, there were no rules about what employers had to pay their workers.  If an employer could find someone to work 14 hours a day for $1.00 a day, there was no law against that.  Employers were not required to allow workers to eat on the job, and the idea of regular breaks was unheard of.  Fortunately, we live in more forward-thinking times. Nutrition and short periods of rest have been shown to be beneficial to both employees and employers, and the meal and rest breaks are required by law.

MEAL PERIODS.  Under the laws of the State of Washington, employees must be allowed at least a 30-minute meal period if more than 5 hours are worked in a shift.  The break must be at least 2 hours into the shift before the meal time can start. No employee shall be required to work more than five consecutive hours without a meal period.

Generally, a business is not required to pay for meal periods if workers are free from any duties for their entire meal period. However, workers must be paid during their meal period when:

  • They are required or allowed to remain on duty.
  • They are required to be on-call at the business premises or designated worksite to be available to return to duty even if they are not in fact called back to duty.
  • They are called back to duty during their meal period even though they normally are not on call during the meal period.

In overtime situations (working three or more hours longer than a normal work day) employees shall be allowed at least one thirty-minute meal period prior to or during the overtime period.

REST PERIODS.  Under the laws of the State of Washington, employees must be allowed a paid rest period of at least 10 minutes for each 4 hours worked. The rest period must be allowed no later than the end of the third hour of the shift. No employee shall be required to work more than 3 hours without a rest period. Businesses may allow workers to take several “mini” breaks in each 4 hours of working time. If these mini breaks total 10 minutes this substitutes for a scheduled rest period. A “mini” rest period is time allowed for things like personal phone calls, personal conversations, or smoke breaks.

Generally, a business is not required to pay for meal periods if workers are free from any duties for their entire meal period. However, workers must be paid during their meal period when:

  • They are required or allowed to remain on duty.
  • They are required to be on-call at the business premises or designated worksite to be available to return to duty even if they are not in fact called back to duty.
  • They are called back to duty during their meal period even though they normally are not on call during the meal period.

IMPORTANT NEW RULING.  In July, 2015, the Washington Supreme Court handed down a major decision involving agriculture workers who are paid “by the piece,” for example, pickers who are paid by the bushel for harvested fruit.

In the past, employers had taken the position that the pay that must be paid to workers for their mandatory rest breaks could be “factored into” the piece rate.  However, the Court looked at Washington’s wage laws and ruled that employers must pay a wage separate from the piece rate for time spent on rest breaks. That means that the break time must be paid separately from the piece rate.

They also held that in the absence of a separate agreement, pay separate from the piece rate must equal at least the applicable minimum wage or the pieceworker’s regular rate of pay, whichever is greater. The case was Demetrio v. Sakuma Bros. Farms, 183 Wash. 2d 649 (2015).

FACTS TO KNOW

  • A business can require workers to stay at the workplace building or site during rest periods and meal times IF the rest periods and meal periods are paid time.
  • Businesses are not required to provide a room where workers can eat meals or take rest periods.
  • Workers may give up their meal period if they prefer to work through it and if the employer agrees.

Workers have fought for decades to have the legal right to meal periods and paid rest breaks.  If you feel you are not being paid according to the law, call Nelson Boyd at (206) 971-7601.  We will fight for your rights!


WHAT ARE MY RIGHTS AS AN EMPLOYEE IN THE STATE OF WASHINGTON? OVERTIME PAY

Posted on Monday, October 19th, 2015 at 5:42 pm    

Historically, there were no rules about what employers had to pay their workers.  If an employer could find someone to work 14 hours a day for $1.00 a day, there was no law against that.

This changed in 1937, when the Federal Fair Labor Standards Act was passed.  The FLSA applies to employees in industries engaged in, or producing goods for, interstate commerce – which is just about everyone.

Overtime pay regulations discourage companies from overworking their employees, encourage employers to hire more workers to cover the additional hours of work needed, and to suitably compensate workers for working hours above and beyond the norm.  In addition, the requirement for payment of overtime has been credited with creating safer and fairer workplaces for us all.

The law of the State of Washington that requires employers to pay overtime to their workers is the Revised Code of Washington, Section 49.46.130.   It says:

Except as otherwise provided in this section, no employer shall employ any of his or her employees for a work week longer than forty hours unless such employee receives compensation for his or her employment in excess of [40 hours] at a rate not less than one and one-half times the regular rate at which he or she is employed.

This means if your regular rate of pay is $10.00 per hour, you have to be paid $15.00 per hour for any hours you work over 40 hours for the week. In addition, the “regular rate” must be equal to or greater than the minimum wage required by the laws of the State of Washington (currently $9.47).

The exception in the Code that says “as otherwise provided in this section” includes truck drivers, who are generally not entitled to overtime under Federal law.  However, in the State of Washington, the Washington Supreme Court has ruled that Washington-based truck drivers are entitled to be paid overtime or the reasonable equivalent of overtime.  Even truck drivers that are paid by the mile must be compensated at the rate of one and one-half times their regular rate for the miles they are driving that amount to work in excess of 40 hours per week.

Although the Federal minimum wage ($7.25 per hour) is lower than the minimum wage required by the laws of the State of Washington (for 2015 it is  $9.47 and will stay at that rate for 2016), Washington law controls. Don’t let your employer pay you only the Federal minimum wage!


Who Will Pay My Medical Bills?

Posted on Monday, January 27th, 2014 at 6:31 pm    

One of the first things that people worry about after they have been injured is “who will pay my medical bills?”  The answer might surprise you.

According to Washington law, the insurance company that insures the person who injured you does NOT have to pay for your medical treatment until you are ready to settle your case.  Since you should not settle your case until you have recovered from your injuries and know whether you will need future medical treatment, this leaves most people in a bind.  What do they do between the time they are injured and the time they are ready to settle their case – especially since this gap may be months or even years?

If you were injured as a result of an automobile collision (regardless of who was driving or was at fault) or a car hit you while you were a pedestrian or riding your bicycle, your Personal Injury Protection (“PIP”) insurance should pay your bills.  Everyone who has a car should have Personal Injury Protection (“PIP”) insurance.   If you do not have PIP insurance (or if you aren’t sure whether you have it), RUN, don’t walk, to the phone and call your insurance agent!!  PIP insurance is one of the best types of insurance you can purchase.  There are different levels of insurance you can purchase.  We strongly recommend that you purchase at least $35,000 worth of PIP insurance.

PIP is extremely inexpensive and will pay for your medical treatment if you are injured as the result of an automobile collision, regardless of who was driving and regardless of who was at fault.  Unlike health insurance, there is no deductible, no co-pay, no-preauthorization requirement, and you can choose your own healthcare providers.  The only requirements are that (1) the treatment is received within three years from the date of the collision; (2) the treatment is provided by a licensed healthcare provider; (3) the cost of the treatment is reasonable; and (4) the treatment is necessary to treat injuries you suffered as a result of the collision.  In addition, it provides a small reimbursement for funeral expenses, lost wages, and loss of services (childcare, lawn care, household care, etc.).

If you do not have PIP insurance or were injured as a result of something other than an automobile incident, your health insurance should pay your medical bills.  However, you will have to pay your deductible and co-pays when you receive your medical treatment.  In addition, your health insurer will still require that you reimburse it, but those laws may be much less favorable to you that PIP reimbursements, depending on your insurance plan.  In some cases, your health insurer is entitled to demand that you pay for 100% of the benefits it paid, regardless of whether you are fully compensated for your injuries.  For this reason alone, it is important that you purchase PIP insurance so that you can use that if you are injured as the result of an automobile collision.

If you are injured at someone’s home or on someone else’s property, you may be eligible for limited payment of medical bills under the property owner’s liability insurance, even before your case is settled.  Most property owners automatically carry something known as “Med Pay.”  This insurance will usually pay for a relatively small amount (often $5,000) of medical treatment if you are injured on someone else’s property.  However, receiving these benefits is not an admission of fault by the property owner.

We hope this article has answered your questions about how you will afford medical treatment.  At Nelson Boyd, we have years of experience in dealing with all types of insurers and injuries.  We know how to maximize our clients’ recovery while helping them get the medical treatment they need.  If you have been injured, give Nelson Boyd a call at (206) 971-7601. Contact us today!


Why You Need A Lawyer For Your Long Term Disability Insurance Application

Posted on Wednesday, May 22nd, 2013 at 3:23 am    

People often think they don’t need an attorney to file an application for long term disability insurance benefits. After all, the insurer (or sometimes your employer) gives you the forms to fill out. Your employer fills out one form, your doctor fills out another, and you only have to fill out one form. They include the instructions for you and the insurance adjuster is happy to help. It looks so easy, that most people think “why would I hire a lawyer? Isn’t that just a waste of money?” Wrong! Here is why:

  1. The insurance company’s goal is to deny your claim, not approve it.
  2. The more contact you have with the insurance company, the more likely it is that you are harming your claim.
  3. If you harm your claim by submitting the wrong (or harmful) information, it is very difficult, if not impossible, to fix it (even if you hire an attorney later).
  4. What you submit with the application will go into your claims file and will follow you throughout the life of your claim.
  5. If your application is denied, you must then file an appeal and wait several months before receiving benefits (if you win).
  6. The application you submit may cause you to lose your appeal, even though you are disabled.
  7. Hiring an attorney can be cheaper in the long run.

What about attorney’s fees? Good question. Lawyers who represent you for an appeal or lawsuit will generally charge a contingent fee (1/3 and higher) on the money they collect for you in the future, as well as the money that is past due. However, if you hire an attorney to represent you to prepare your application, they should charge you by the hour for the work they do instead of charging a contingent fee. This means that, if your application is approved, you pay no more fees because you’ve already paid the legal fees, your benefits have been approved, and you receive 100% of your benefits.

If you need to file an application for long term disability insurance benefits, don’t go it alone and increase the likelihood that your claim will be denied. Instead, hire Nelson Boyd to help you with your application. Give us a call today at (206) 971-7601.