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You Be the Judge - December 1999
Author: Richard H. Adler Let's assume you were just appointed by the governor of the state of Washington to be a trial judge for the superior court of the county in which you live whether that be King, Pierce, Snohomish, Skagit, Walla Walla or beyond. One of your first cases is a most interesting one, involving a legal issue that will have important implications for the parties appearing before you as well as future cases. You are presented with the following facts and need to make a decision.
A doctor was in his camper. The camper was attached to his pickup
truck. As the doctor stepped down to a footstool from the camper he
lost his balance, slipped, hit the tailgate, and landed on the ground.
The doctor made a personal injury protection (PIP) claim under his
automobile insurance policy for his injuries and damages from this
incident. His insurance company said there was no coverage because this
was "not a motor vehicle accident." The only claim the doctor was
pursuing was for payment of the medical bills under the no fault, PIP
portion of the automobile insurance policy. The definition of `motor vehicle accident' that Tyrrell arrives at is more expansive: [A]ny unforeseen or unexpected bodily injury resulting from the use of a self-propelled device capable of moving upon a public highway.' Resp't's Br. at 13(emphasis added). An image that easily comes to mind is an insured tripping while making the oft-difficult step down from the high doorway of a pickup truck or sports utility vehicle. Another is tripping — over, say, the threshold or a seatbelt — while entering a vehicle. Making all such accidents `motor vehicle accidents' for insurance purposes is a logical extension of the Court of Appeals' holding that `the use of a vehicle depends on an insured's ability to safely enter and exit it.' Tyrrell, 94 Wn. App. at 325..... the sensible and popular understanding of what a `motor vehicle ccident' entails necessarily involves the motor vehicle being operated as a motor vehicle. See Pet. for Review at 9. A motor vehicle is being operated as a motor vehicle when it is being driven or when it is stopped while being driven. For example, if a tree limb were to fall on the motor vehicle while a person was riving or had stopped while driving, that would constitute a `motor vehicle accident.' On the other hand, a motor vehicle is not being operated as a motor vehicle when parked.Who was right? If you are in an unusual factual situation and are having difficulties with your insurance company or an at fault drivers insurance company, the attorneys at Adler Giersch ps stand ready to assist you through our offices in Seattle, Bellevue, Everett, and Kent. |
![]() "We were very impressed with the firms knowledge of accident recovery, insurance, medical records and procedures and the entire gamut of personal injury law.” John & Linda McCarthy |
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