Being one of the first number of lawyers to handle diminished value claims I think property damage to hybrid cars will command much higher depreciation of value than fully gas powered cars.

This is since the hybrid and electric car market is now hot and will continue to become so as there is even a waiting period to order Toyota’s Prius.

There could also be a number of good claims for loss of use since the waiting period to order the Prius line is reported to be at 2 to 3 months. Having handled two Prius diminished cases recently its really important to use a diminished value appraiser who has direct experience with the hybrid valuation market.

You can still get settlement money even if you were not wearing a seat belt (in Oregon) since Oregon’s old automatic 15% no seat belt penalty is no more. Although not wearing a seat belt could reduce the settlement money award you get now by a maximum of no more than 5%. Fact situation analysis is always important for a good lawyer to do in any seat belt injury case especially in passenger ejectment cases.

Many seat belt issues arise with injured passengers who were riding in the beds of pickup trucks and get thrown out. Riding in the bed of an open pickup often causes serious injury like a broken leg or arm or even a head injury. The no seat belt analysis arises and can be met head on in cases where there are no seats available with belts so the only option for one to do is to ride in the pickup bed and in such a situation argument could be made that no seat belt penalty is permissible.

Every Washington lawyer, like me knows she or he can get a 1/3 reduction of the pip lien on a Washington Injury case where the policy was issued in that state.

But some may not be aware that you can even recover the 1/3 Mahler discount (Mahler gives a pip offset of 1/3) to Oregon residents if they have a rental car which they signed up for in Oregon but was involved in a Washington MVA.