Washington Separate Answer - Personal Injury Accident

State:
Multi-State
Control #:
US-PI-0133
Format:
Word; 
Rich Text
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This form is a sample separate answer filed by the defendant in a personal injury claim.
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FAQ

Washington is a community property state, meaning that any money earned or property acquired by either spouse during a marriage is the rightful property of both spouses, ing to RCW 26.16. 030.

Washington is a pure comparative fault state. This means that each driver is assigned a percentage of liability in an accident. A plaintiff's damages are then reduced by their percentage of fault (if any).

No, Washington is not ano-fault state for auto insurance. Washington is an "at-fault" or "tort" state, which means the person who is at fault for a car accident is responsible for paying for other people's injuries and property damage resulting from the accident.

Separate property in Washington may include: Gifts to only one spouse; Items purchased prior to marriage; and. Inheritances.

(1) A driver of any vehicle involved in an accident resulting in the injury to or death of any person or involving striking the body of a deceased person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to, and in every event remain at, ...

However, if an insurer awarded the settlement to you as a married couple, a judge may rule that the settlement is marital property. For example, if you and your spouse both sustained injuries in a car accident and won a settlement for your damages, Washington law may consider that settlement marital property.

Settlements for Economic Damages Economic damages, including loss of wages at the time of marriage or payments made for the past or future medical bills, tend to be considered as marital assets and are subject to division during a divorce.

Assets purchased with income: If community property income is used to purchase other assets, those then are considered community property. A residence: Your home, if purchased during a marriage, is another example of community property, even if only one spouse's name is listed on the title.

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Washington Separate Answer - Personal Injury Accident