This form is a sample answer and defenses filed by the defendant in a personal injury action alleging that the defendant's faulty installation of stairs led to the injury and ultimate death of the plaintiff.
Washington Answer and Defenses - Mobile Home Accident
State:
Multi-State
Control #:
US-PI-0187
Format:
Word;
Rich Text
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How to fill out Answer And Defenses - Mobile Home Accident?
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FAQ
In Washington State, the law generally assumes that the driver who rear-ends another vehicle is at fault in a rear-end accident. However, this presumption can be challenged if the driver of the rear-ended vehicle was also negligent.
As mentioned above, Washington State uses a tort system, not a no-fault system. The person who caused the accident is also the one whose insurance company is responsible for paying out full compensation (up to the limits of the policy) to others who are injured in that accident. In short: fault matters.
¹ If you or a loved one are injured in a crash, you are entitled to pursue compensation. The average car accident settlement for a moderate injury claim in Washington is $25,181. Average payouts range from $6,827 for minor injuries to $489,887 for severe injuries.
If the injuries and damage are minimal, auto insurance may pay for the total damages. But if the injuries are severe, the defendant may owe more money than their auto insurance covers. Any of the defendant's personal assets, including a house, vehicle and savings, are at risk when they reach their insurance limit.
As long as you were not in any way at fault, insurance companies in Washington cannot raise your rates.
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).
If a driver flees the scene and fails to stop and exchange information, it could result in a conviction of a Hit and Run of an Attended Vehicle, which is a gross misdemeanor. Washington's Hit and Run Attended statute is RCW 46.52. 020.
(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, ...