How Long to a Resolve Vehicle Claim? (Video Post)

Today I’d like to talk about vehicle accidents and injury claims and some of the most common questions that I get.
Well, insurance companies around the area, around Spokane tend to be pretty quick about getting people on the phone. The first thing they are going to ask for is a recorded statement.
The best option is to get a police report. If you get a police report, you can send it to the insurance company and say, “Hey, the accident did happen. Here is proof of that.” It was your insured who hit me, please send somebody out to inspect the vehicle and get this process going.
It’s very important that you have Uninsured Motorists Coverage. If you don’t have those coverages in Spokane, I think it’s estimated that about 30 to 40 percent of the drivers out there have no, they don’t have either of those coverages. They are uninsured, or they don’t have enough liability coverage to protect you. So,it may be an accident where you’re not at fault at all, and they still are coming for you to. You’re still going to be left to pay your own damages even though you had nothing to do with the accident.

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Vehicle Damages and Rental Coverage

Most people are surprised to know that here in Washington once you’re in a vehicle accident insurance companies only require to you to give you three days of rental once a vehicle is declared a total loss. That’s it, three days by statute so, even if you have full coverage and you have a rental coverage specifically purchased in your policy the insurance covering is going to be able to say, “Hey, we deem the car a, a total loss, and therefore you have three days to get out of the car”. Then start paying out of pocket.
Well, as you and I know, three days is not necessarily the right amount of time to go shopping for an auto vehicle, to go find a, a suitable replacement.
It is three days from the date that they tell you that the vehicle is a total loss. Now, in some cases, the vehicle is obviously a total loss. Um, they just look at it and the vehicle is basically burned to the ground.
If you have any questions on your total loss process, or you have any questions about a personal injury claim, I’ll be glad to help you here in Spokane, Washington. You can reach me at Quiroga Law Office, PLLC at 509-927-3840.

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Garnished Wages? Filing Bankruptcy Can Get Your Money Back

You work hard to pay your bills and feed your family, but maybe the paychecks don’t stretch far enough to cover it all. Maybe your spouse lost his or her job; maybe you’ve had a medical emergency; maybe you’ve been borrowing from Peter to pay Paul, relying on credit to pay your debts, and now you’ve maxed out.
Your financial footing, already precarious, starts to slip. Rent, utilities, and groceries being first on your priority list, you can’t pay your debtors. Harassing phone calls start coming in — so you stop answering the phone. Someone comes to your door with a sheaf of papers: the creditor has filed a lawsuit seeking payment. You can’t afford a lawyer — or so you think — and so you ignore this, too.
The next thing you know, the court has issued a judgment against you not only for the amount you owe the creditor, but also for various fees the company has added. You’re in deeper waters than ever, and you still don’t know how you’ll pay.

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How Much is Your Sex Life Worth? Loss of Consortium is a Valid Legal Theory

Washington law allows compensation in personal injury, wrongful death claims if your spouse, child, or parent became seriously injured or even killed in an accident that someone else caused, they may have standing to sue for those damages. You may also file a lawsuit seeking compensation for the lost wages, medical bills, and/or pain and suffering.
But what about your suffering? What about the sexual relationship you had with your spouse that, since the accident, is gone? What about the trips you used to take together that now you’ll have to take without your spouse, or the invaluable advice your dad provided that he can no longer give to you?
How much are these untangible losses worth? In some states, nothing at all. But residents of Washington state may be eligible to sue for “loss of consortium,” or the loss of companionship or intimacy experienced from a family member’s death or injury.

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Diminished Value: You may be entitled to the lost value of your vehicle in Washington

Washington law allows insurers to pay for third party diminution of value Would you pay the full amount for a used car or truck that had been in an accident? Probably not. Certain types of auto accidents can cause damage far beyond what the eye can see. The best repair job in the world, with all new parts, may not compensate for the loss you suffered at the moment of impact — the loss in your vehicle’s value.
Because, with repair information readily at hand thanks to such online sites as Carfax™, you can bet that anyone who buys the vehicle from you is going to offer less than if the accident had not occurred. In addition, if the buyer asks if the vehicle has ever been in an accident, you cannot misrepresent the facts.
Do you think the accident will become a bargaining tool for a perspective buyer? Get a written quote to document the Diminished Vale of your car That’s why, after an accident in which you’re not at fault (you are the third party making the claim against the at fault carrier that covers the at fault driver), one of the first things you should do is get an estimate from a good auto dealer.
Have the dealer write down for you the amount he or she would have paid for the vehicle before the accident, and the amount it is worth to him or her now. How much would they be willing to give you for the vehicle if the vehicle was not in a collision, and how much would they be willing to give you after the collision (despite the fact the vehicle is properly repaired).

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Gym Liability for Injuries (Video Post)

Today I would like to talk to you about gym liability for injuries or gym owner liability. People like to work out and when they go to the gym, the question is when they get injured what liability does the gym owner has?
Some order management has, what duties do they have to follow to ensure that their clients or customers are safe. Well, this is kind of a “to follow” question. One is typically, a smart gym owner would have a liability waiver or a disclaimer on which you would waive any claim against the gym owner for an injury that happens during a workout. So the first questions is, are these waivers, these waivers or liability, are they enforceable?
Number one, the waiver has to be done very carefully, very well drafted. It can’t just be a form that is sort of downloaded off the internet. It can be a form downloaded off the internet but if it is not applicable to the State of Washington or local laws, a good lawyer may be able to set it aside. Without that waiver the gym owner is fully liable on anything that happens because they have to protect the consumer from any foreseeable harm.
And anybody who is straining too much on a workout could–is foreseeable that they might get injured, that they might get strained, or they might pull their back, or whatever may be the case. So this waiver is sort of the gatekeeper in many ways, between the gym owner, the gym management, and their consumers. Now, there are requirements for the waiver of course, the one who signs it has to have capacity, not just age–18 or over, but they have to have capacity to sign, which most people do.

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When Having Child Custody in Washington Really Matters

Custody in Washington state is only a word — in most cases.
As we said in a recent post, when a couple with children divorces the state requires designation of one parent as the custodial parent, mostly so the federal government can determine aid. Both parents can’t claim the child when applying for assistance with food or medical costs, for instance. When the child goes to college, the designated parent will be the one whose income is considered for the purposes of financial aid, as well.
Usually, however, which parent gets custody has little bearing on any aspect of the divorcing couple’s lives or their children’s. The exception: when one of the parents decides to move away, and wants to take the children.
Such a move can be heartbreaking for the non-custodial parent. Worse, it may be detrimental to the child’s best interests — which is why Washington law requires that the custodial parent give 60 days’ advance notice to the noncustodial parent, so the matter can, if needed, be settled by the court.

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Quit Claim Deeds in Spokane Washington

What’s a Quit Claim Deed and how does it work? A Quit Claim Deed is basically saying, “Look, I’m going to transfer to you all of my interest on this property.” The nice thing about it is, the person transferring doesn’t have to state what interest there might be. There may be no interest, there might be just some interest to possession, there might be an interest to be paid back, there might be a right to harvest the property, like timber for example; or there may be nothing.
There might just be litigation; a chance to get at some value somewhere, so a Quit Claim Deed really is saying, “Look, I’m going to give you what I have, but I don’t know what I have, so whatever I have, now it’s yours. It’s not mine anymore, but it’s yours,” so you’re going to go ahead and do it, so that’s what a Quit Claim Deed is.
There is only one thing, one requirement or one, I suppose, guarantee that the person transferring gives, and we call that the Guarantee of Seisin, which is fancy for, “I can’t interfere with it,” so if I give you a Quit Claim Deed on my property and you’re trying to access the property or you take it and you’re trying to execute something on that property, I can go back and block you from doing that.
I would be violating the Quit Claim Deed because that’s exactly what I did; I gave you whatever I had, so now you have it and you take that property interest and you can execute on it anyway you want to and I can just get in the middle of it, so that’s the only thing that is going to stall the transfer. The person who is making the transfer is stopping you from enforcing that vehicle.

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Student Loans and Bankruptcy | Can I Discharge Them?

I get the question often, “Are student loans dischargeable in bankruptcy? What can we do here in Spokane County or the Eastern District of Washington through our bankruptcy courts to address the problems with student loans? Is bankruptcy really an option?”
Well, bankruptcy is in fact an option. Student loans are dischargeable, meaning, lawyers, many other people, information online will tell you that student loans are not dischargeable. That’s really a summary. Student loans are dischargeable, they’re just very hard to discharge.
The laws allow for a presumption that a student loan is non-dischargeable. So when we file your schedules and we list a student loan on your petition and schedules, that loan is presumed to be non-dischargeable unless you make a special filing, a special inquiry as to whether or not the court would like to discharge that loan. So, you can do it.
So how do you make that special request? Well, there’s a process, it’s called an Adversary Proceeding. An Adversary Proceeding very much acts like litigation, a different case within the bankruptcy. So when you file for bankruptcy, I like to think of your filing schedules, you’re filing schedule A to J, so A B C D and the whole way down.
The last option that I mentioned, instead of Chapter 13, is a Chapter 11. Debtors can actually file Chapter 11, this is not just for businesses. A Chapter 11 plan is pretty expensive, ok, and it does require quite a bit of work but it’s long term. You can have this 10 year plan, so it’s going to help you force those companies into negotiating with you and maybe coming to an agreement.

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Landlords: A Strong Lease Can Save Money, A Lot of Money!

Landlords need a strong lease. Too often, they figure that out when it’s too late.
The most laid-back person in the world may regret not having a lease when the person renting his or her house, apartment, or office space stops paying the rent, and there’s no way to evict that person without filing a lawsuit. It could take a year to get the renter to vacate the property.
Even a month-to-month verbal agreement won’t protect the landlord when the tenant moves out and leaves behind a pile of belongings. What to do with the stuff? The law says the landlord has to store it, and give the renter a chance to retrieve it. Without a lease, the landlord may not be able to recoup storage costs.
If the renter trashes the place? Without a lease, good luck getting compensated for the damages. The same goes for a property-condition checklist: the renter has to have one in hand to get his or her damage deposit back, but the landlord needs it, as well, to prove the condition of the property at move-in.

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