Law Blog

WA Supreme Court Rules Plaintiffs Cannot Sue Individual Adjusters for Bad Faith & CPA Violations

By Ember Law  |  October 26, 2019

Facts The actions of the adjuster in this case are pretty egregious: Moun Keodalah was hit and injured by an uninsured motorcyclist.  Investigations by both Allstate (Mr. Keodalah’s insurer) and the Seattle Police Department showed the following: That the motorcyclist was speeding between 60 – 74 m.p.h. in a 30-m.p.h. zone and had split lanes; That the bike’s excessive speed...

New Hope Act Makes Expands Access to Vacating Criminal Records

By Ember Law  |  October 12, 2019

If you’ve read our prior post on expunging or vacating your criminal record, you learned that unless you met the stringent requirements, removing a conviction from your record was impossible. Fortunately, our legislature and governor recognized what criminal justice advocates have stated for a while – a criminal conviction can be a scarlet letter. It draws attention to your mistake...

The “Made Whole Doctrine” and Settling for Less Than 3rd Party Limits

By Ember Law  |  September 30, 2019

The Washington Supreme Court recently decided Group Health Cooperative v. Coon, a highly contested case regarding the applicability of the Made Whole Doctrine. First, a brief overview of the facts. Mr. Coon developed a serious fungal infection after surgery. While it was unclear what the exact cause of the infection was, the hospital where the surgery was performed settled with...

An Introduction to Subrogation – I.E. Paying Back Your Insurance Company

By Ember Law  |  September 17, 2019

Subrogation is a concept in law that essentially states that you cannot be paid twice for the same injury. So what does that have to do with your personal injury case? Let me explain: In the typical vehicle collision case, the injured person’s medical bills are usually paid by their car insurance (PIP), and/or their health insurance. Essentially, this counts...

Driving While License Suspended (DWLS)

By Ember Law  |  September 6, 2019

There are three types of Driving While License Suspended (DWLS): Third Degree Driving While License Suspended in the Third Degree (DWLS-3) is the most common crime of driving while your license is suspended. This is misdemeanor in Washington, meaning it is punishable up to 90 days in jail and a $1,000 fine, though it rarely results in jail time.  DWLS-3...

Caution With Electric Scooters

By Ember Law  |  August 27, 2019

We have noticed an increase in calls regarding people who were riding electric scooters who have been hit by motor vehicles. This often happens when the person is riding in a protected bike lane, and the vehicle driver makes a turn. It seems that the drivers simply don’t see the person on the scooter. To make yourself more visible, we...

Negligent Driving

By Ember Law  |  August 20, 2019

Negligent Driving in the First Degree (Neg 1) Negligent Driving in the First Degree is a misdemeanor, punishable by a maximum of 90 days in jail and $1000 fine.  A person is guilty of this offense if they (1) operate a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or...

Three Strikes and It’s Life

By Ember Law  |  August 15, 2019

The Washington Supreme Court just recently decided State v. Moretti, which was consolidated with 2 other cases. The cases asked if it was constitutional, under Washington law, for a person to be sentenced to life in prison, without the possibility of parole, if they commit a third “most serious offense” (i.e. a “third strike”) in their 30’s and 40’s, when...

If The Police Ask, Do I Have to Get Out of The Car?

By Ember Law  |  August 10, 2019

In Washington, a police officer may direct a driver (that’s you – probably) to step out of the vehicle, even for an infraction.  The Supreme Court has held that such a request is a “de minimis” violation of your Fourth Amendment rights, and is therefore allowed. However, in order for a request to exit the vehicle to be constitutional, the...

Personal Injury Protection (PIP) and “Maximum Medical Improvement”

By Ember Law  |  August 5, 2019

Many Washington drivers have PIP as part of their car insurance coverage.  Generally, PIP pays for medical treatment and lost wages, regardless of whether or not you’re at fault.  Washington law regulates when insurance providers can terminate PIP benefits.  According to WAC 284-30-395(1), an insurer can only deny claims if they are not (1) reasonable, (2) necessary, (3) related, or...