Car Accident

,

Do’s And Don’ts Following A Car Accident

Did you know that what you do in the hours and weeks following the collision can make or break your car accident lawsuit?

Although these post-accident do’s and don’ts from our friends at Cohen & Cohen can’t replace professional advice from a skilled car accident lawyer, they can help you avoid common mistakes car accident victims make that could jeopardize their claim.

DO SEE A DOCTOR

Even a collision at slow speeds can cause a painful injury like whiplash, seatbelt contusions, or a mild concussion. The feeling you attribute to “just being shaken up” could actually indicate a serious injury. A medical exam identifies the extent of your harm.

Plus, your post-accident medical records are valuable evidence linking your injuries to the accident.

DON’T POST ABOUT THE ACCIDENT ON SOCIAL MEDIA

Try to stay off socials as much as you can, actually. There’s a good chance that the other driver’s lawyer or insurance company is checking your Instagram or Facebook for evidence that you aren’t hurt as badly as you claim. Any photos you share or posts you make could be used to discredit you.

DO REPORT THE ACCIDENT

Your insurance policy may have a deadline for reporting any accident, even a minor one. If you fail to notify your carrier about the crash, you risk invalidating the policy.

You must also report the accident to the Oregon DMV if anyone is injured or if there is more than $2,500 worth of property damage. State law requires the accident to be reported within 72 hours, or you could face stiff fines.

DON’T TALK TO THE OTHER DRIVER’S INSURANCE COMPANY

Don’t be surprised if you receive a call from the other driver’s insurance adjuster asking for a statement about the accident. They may sound very serious and official, but you’re not their customer. You don’t have to say anything to them. The call is often to get information from you that makes it seem like you caused the wreck or at least contributed the greater part of the blame.

Instead, you can refer the insurance adjuster to your lawyer.

DON’T NEGLECT YOUR DOCTOR’S ORDERS

Follow the directions your doctor gives you. It will help you have the best possible chance for recovery and demonstrate to the other side that you truly were injured. Your medical records will be part of the information exchanged with the other driver’s lawyer during the discovery phase of your case, so if your records show that you’re skipping appointments or physical therapy, then their lawyer could argue that you’re “faking it.”

Legal Assistance

DO TALK TO A LAWYER

A personal injury attorney can handle all the conversations with the other party on your behalf, including talking to their lawyer or insurance company. In addition, evidence can disappear fast, so the sooner your car accident lawyer gets started on your case, the better. Your car accident lawyer may use this to justify a higher amount for your non-economic (pain and suffering) damages.

 

/by

Car Accident Legal Advice: Your Comprehensive Guide

Car accidents can be traumatic and life-altering events. From minor fender benders to more severe collisions, these incidents can lead to physical injuries, emotional distress, and financial burdens. In this article, we will provide you with a comprehensive guide on car accident legal advice, ensuring you understand your rights, responsibilities, and the steps to take following a car accident.

UNDERSTANDING YOUR RIGHTS

KNOWING YOUR LEGAL RIGHTS

When involved in a car accident, the first step is to understand your legal rights. You have the right to seek compensation for damages if the accident was not your fault. This includes medical expenses, property damage, and lost wages.

STATUTE OF LIMITATIONS

One critical aspect of knowing your legal rights after a car accident is understanding the statute of limitations applicable in your jurisdiction. This time frame varies from state to state and can impact your ability to file a personal injury lawsuit. It’s essential to act promptly and consult with an attorney to ensure you don’t miss the deadline, which could result in losing your right to seek compensation.

Immediate Actions After an Accident

IMMEDIATE ACTIONS AFTER AN ACCIDENT

ENSURING SAFETY

Immediate actions taken after a car accident can greatly influence the outcome. Your primary concern should be ensuring safety. If possible, move your vehicle to a safe location away from traffic to prevent further accidents. Additionally, check yourself and others involved in the accident for injuries. If anyone is hurt, call 911 for immediate medical assistance.

CONTACTING LAW ENFORCEMENT

Following a car accident, it’s crucial to contact the police, even if the accident seems minor. A police report can provide an unbiased account of the incident, which can be invaluable when dealing with insurance companies and legal proceedings. Cooperate with the responding officers, provide accurate information, and request a copy of the report for your records.

GATHERING INFORMATION

Collect information from all parties involved, including names, contact details, and insurance information.

Seeking Medical Attention Post-Accident

SEEKING MEDICAL ATTENTION

IMPORTANCE OF MEDICAL EVALUATION

Even if you feel fine, it’s essential to seek medical attention. Some injuries may not be immediately apparent, and prompt medical evaluation can document your condition.

MEDICAL RECORDS

Keep all medical records and bills related to the accident. These documents will be crucial when seeking compensation.

Dealing with Insurance Companies

DEALING WITH INSURANCE COMPANIES

NOTIFYING YOUR INSURANCE COMPANY

Promptly reporting the accident to your insurance company is essential. However, remember to provide only factual information and avoid making statements that may inadvertently suggest fault. Be prepared to share details such as the date, time, location, and a brief description of the accident. Keep in mind that your insurance company is there to assist you, but it’s advisable to consult with an attorney before agreeing to recorded statements or accepting settlements. They can help you navigate the insurance claim process and ensure you receive a fair and just settlement.

COMMUNICATING WITH THE AT-FAULT PARTY’S INSURANCE

Be cautious when dealing with the other driver’s insurance company. Consult with an attorney before providing statements or accepting settlements.
Read: What’s the Difference Between At-Fault and No-Fault Accidents

Legal Assistance

LEGAL ASSISTANCE

THE ROLE OF AN ATTORNEY

Hiring a Portland personal injury attorney can make a significant difference in the outcome of your car accident case. These experienced professionals are well-versed in the intricacies of personal injury law and can provide valuable guidance from the outset. They will investigate the accident, gather evidence, negotiate with insurance companies, and, if necessary, represent you in court. An attorney’s expertise can help you maximize your chances of receiving the compensation you deserve, ensuring that your rights are protected throughout the legal process.

CONTINGENCY FEE ARRANGEMENTS

The financial aspect of hiring a personal injury attorney is a common concern for accident victims. Fortunately, many personal injury attorneys work on a contingency fee basis. This means that you won’t have to worry about upfront legal fees. Instead, your attorney’s fees will be contingent on the outcome of your case. If you win your case and receive compensation, the attorney will take a percentage as their fee. This arrangement not only makes legal representation more accessible but also aligns the attorney’s interests with yours, as they are motivated to secure the best possible outcome for you.

Litigation and Settlement

LITIGATION AND SETTLEMENT

FILING A LAWSUIT

If negotiations with the insurance company fail, your attorney may recommend filing a lawsuit to seek compensation through the court system.

SETTLEMENT NEGOTIATIONS

In many cases, car accident cases are settled out of court. Your attorney will work to negotiate a fair settlement on your behalf.

TRIAL

If a settlement cannot be reached, your case may go to trial. Your attorney will represent your interests in court.

CONCLUSION

Car accidents are stressful and challenging experiences, but understanding your legal rights and seeking the right guidance can make a significant difference. Remember to prioritize safety, seek medical attention, and consult with an experienced attorney to ensure you receive the compensation you deserve.

FREQUENTLY ASKED QUESTIONS

WHAT SHOULD I DO IMMEDIATELY AFTER A CAR ACCIDENT?

After a car accident, ensure safety, contact the police, gather information, and seek medical attention.

HOW LONG DO I HAVE TO FILE A PERSONAL INJURY LAWSUIT AFTER A CAR ACCIDENT?

The statute of limitations varies by state but typically ranges from one to three years. Consult an attorney for precise deadlines in your jurisdiction.

SHOULD I TALK TO THE OTHER DRIVER’S INSURANCE COMPANY WITHOUT AN ATTORNEY?

It’s advisable to consult with an attorney before providing statements or accepting settlements from the other driver’s insurance company.

HOW DO PERSONAL INJURY ATTORNEYS CHARGE FOR THEIR SERVICES?

Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case.

WHAT IF I CAN’T AFFORD AN ATTORNEY FOR MY CAR ACCIDENT CASE?

Consult with attorneys who offer free initial consultations and discuss potential fee arrangements, such as contingency fees.

/by
, ,

What to do after an accident with a DUI driver

Being involved in a car accident is always a stressful and potentially life-altering event. However, when the other driver involved is under the influence of alcohol or drugs (DUI), it not only adds to the emotional and physical trauma but also brings along legal and financial complications. To protect yourself and ensure a smoother recovery process, here are some essential steps you should take after an accident with a DUI driver.

Understanding the Implications of a DUI Accident

Understanding the Implications of a DUI Accident

A DUI accident refers to a collision or incident caused by a driver operating a vehicle while impaired by alcohol or drugs. It is important to understand the legal consequences and potential damages associated with such accidents.

When a driver gets behind the wheel while under the influence, they not only put their own life at risk but also endanger the lives of others on the road. The effects of alcohol or drugs can impair their judgment, coordination, and reaction time, making them more prone to making mistakes and causing accidents.

Legal Consequences for the DUI Driver

A DUI driver may face severe legal consequences, including fines, license suspension, mandatory alcohol education programs, and even imprisonment, depending on the severity of the accident and their prior history. These penalties are in place to deter individuals from driving under the influence and to hold them accountable for their actions.

When law enforcement officers respond to a DUI accident, they conduct investigations to gather evidence and determine the level of impairment. The driver will be subjected to field sobriety tests, breathalyzer tests, or blood tests to establish their blood alcohol concentration (BAC) or the presence of drugs in their system. The results of these tests play a crucial role in determining the legal consequences the driver will face.

Potential Damages and Injuries

In a DUI accident, there is a high risk of severe injuries and property damage. The intoxicated driver’s impaired judgment and reduced reaction time significantly increase the chance of accidents resulting in life-altering injuries or, in worst-case scenarios, fatalities.

Victims of DUI accidents may suffer from a wide range of injuries, including broken bones, traumatic brain injuries, spinal cord injuries, internal organ damage, and severe burns. These injuries can have long-lasting physical, emotional, and financial consequences for the victims and their families.

Furthermore, the property damage caused by DUI accidents can be extensive. Collisions at high speeds can result in total vehicle destruction, leaving the victims without transportation and facing significant repair or replacement costs.

It is worth noting that DUI accidents not only affect the individuals directly involved but also impact the broader community. These accidents can lead to increased insurance premiums for all drivers, strain on emergency response systems, and a general sense of fear and unease among the public.

Therefore, it is crucial to raise awareness about the dangers of driving under the influence and to promote responsible decision-making when it comes to alcohol or drug consumption. By understanding the legal consequences and potential damages associated with DUI accidents, we can work towards creating safer roads for everyone.

Immediate Steps to Take at the Accident Scene

Immediate Steps to Take at the Accident Scene

Once involved in an accident with a DUI driver, it is crucial to prioritize safety and gather vital information for legal and insurance purposes.

Ensuring Safety and Calling Authorities

The first step is to ensure your safety and the safety of others involved. If possible, move to a safe location away from traffic. If anyone is injured, call for medical help immediately. Simultaneously, contact local law enforcement to report the accident and inform them about the suspicion of a DUI driver.

Gathering Necessary Information

While waiting for the authorities to arrive, gather as much information as possible. Record the DUI driver’s details, including their name, contact information, driver’s license number, and insurance information. Document the accident scene by taking photos or videos, capturing the damaged vehicles, and any visible injuries.

Seeking Medical Attention Post-Accident

Seeking Medical Attention Post-Accident

Even if you feel fine immediately after the accident, it is crucial to seek medical attention promptly.

Importance of Immediate Medical Check-up

Some injuries, such as internal bleeding or whiplash, may not manifest symptoms right away. Only a qualified healthcare professional can provide a comprehensive examination to identify any hidden injuries. Additionally, having a documented medical report can strengthen your case when dealing with insurance claims.

Long-Term Health Implications

Some injuries resulting from a DUI accident can have long-lasting implications on your physical and mental health. Addressing these issues promptly and obtaining appropriate medical care is essential to minimize long-term complications and ensure the best possible recovery.

Reporting the Incident to Your Insurance Company

Reporting the Incident to Your Insurance Company

As soon as possible following the accident, you should report the incident to your insurance company.

Timing and Details of Reporting

Provide your insurance company with accurate and detailed information about the accident, including the DUI driver’s involvement. Be prepared to answer any questions they may have and cooperate fully with their investigation. Prompt reporting is crucial for insurance claim processing.

Dealing with Insurance Adjusters

After reporting the incident, your insurance company may assign an insurance adjuster to handle your claim. Be honest and provide all necessary information, emphasizing the involvement of a DUI driver. However, be cautious when providing statements to the DUI driver’s insurance, as they may try to reduce their liability. Consider consulting with a personal injury attorney experienced in DUI accidents to protect your rights throughout the process.

Legal Actions to Consider After a DUI Accident

Legal Actions to Consider After a DUI Accident

If you have been involved in a DUI accident, it is advisable to seek legal guidance to protect your interests and seek potential compensation for your damages.

Hiring a Personal Injury Attorney

A personal injury attorney experienced in DUI accidents can help navigate the legal complexities, gather evidence, negotiate with insurance companies, and represent your best interests in court if necessary. Their expertise can significantly improve your chances of obtaining fair compensation for your injuries, medical bills, lost wages, and emotional distress.

Filing a Lawsuit against the DUI Driver

In cases where the DUI driver’s negligence has resulted in severe injuries or significant financial losses, filing a lawsuit may be necessary to hold the driver accountable and seek further compensation. Your personal injury attorney can guide you through the process, ensuring that your rights are protected.

Ryan Hilts - Injury Attorney- Helps those who were involved in DUI Accidents

Finally, remember that each DUI accident case is unique, and seeking legal advice from a personal injury attorney specialized in car accidents and DUI cases is crucial. By taking these steps and working with professionals who understand the complexities of DUI accidents, you can focus on your recovery and secure the necessary support during this challenging time.

/by
,

The risk with driving without auto insurance

Driving without auto insurance is a risky game to play. It leaves drivers vulnerable to legal and financial liabilities that can have long-term consequences. In this article, we will explore the dangers of driving without auto insurance, the legal consequences, and the financial risks associated with such a decision.

  1. Understanding Auto Insurance
  2. Legal Consequences
  3. Financial Risks
  4. Future Insurance Risks

Understanding Auto Insurance in Oregon

1. Understanding Auto Insurance

What is Auto Insurance?

Auto insurance is a contract between an individual and an insurance company that protects the individual against financial loss in the event of an accident or theft. Auto insurance can cover damages caused by the individual, damages to the individual’s vehicle, and damages caused by other drivers.

Auto insurance is a crucial purchase for any driver, as it provides financial protection in the event of an accident or theft. Without auto insurance, drivers would be responsible for paying for any damages or injuries they cause out of their own pockets. This can be financially devastating, especially in the case of a serious accident.

Types of Auto Insurance Coverage

There are several types of auto insurance coverage, each of which provides a different level of protection. Liability coverage is the most basic form of coverage, and it covers damages caused by the individual to other drivers or their property. This can include medical expenses, property damage, and other costs associated with an accident.

Collision coverage covers damages to the individual’s vehicle, regardless of who is at fault for the accident. This can include repairs or replacement of the vehicle, as well as any other costs associated with the accident.

Comprehensive coverage covers damages caused by theft, weather, or other non-collision events. This can include damage from natural disasters, vandalism, or other unforeseen events.

How Auto Insurance Premiums are Determined

Auto insurance premiums are determined based on a variety of factors, including the individual’s driving record, age, gender, and location. Additionally, the type of vehicle being insured can also impact the cost of premiums.

Drivers with a history of accidents or traffic violations are typically considered higher risk, and will pay higher premiums as a result. Younger drivers and male drivers are also considered higher risk, and may pay higher premiums than older or female drivers.

The location of the driver can also impact the cost of premiums, as certain areas may have higher rates of accidents or theft. Additionally, the type of vehicle being insured can impact the cost of premiums, as more expensive or high-performance vehicles may be more costly to repair or replace in the event of an accident.

Overall, it is important for drivers to carefully consider their auto insurance needs and shop around for the best coverage and rates. By understanding the different types of coverage available and the factors that impact the cost of premiums, drivers can make informed decisions and ensure they are adequately protected in the event of an accident or theft.

Legal Consequence without car Insurance

2. Legal Consequences of Driving Uninsured

Driving without auto insurance is not only illegal, but it can also have serious consequences. Here are some additional details about the legal ramifications of driving uninsured:

Fines and Penalties

The fines and penalties for driving uninsured can vary widely depending on the state in which the violation occurs. In some states, the fines can be as low as $100, while in others, they can be as high as $5,000. In addition to fines, drivers may also be required to pay court costs and other fees. These costs can quickly add up, making it much more expensive to drive without insurance than to simply obtain the required coverage.

License Suspension and Vehicle Impoundment

Many states also have laws that allow for the suspension of a driver’s license or the impoundment of their vehicle if they are caught driving without insurance. This can be a major inconvenience, as it can make it difficult for the individual to get to work or school. In addition, if the vehicle is impounded, the driver will be responsible for paying the impound fees, which can also be quite expensive.

SR-22 Requirements

Some states require drivers who have been caught driving without insurance to file an SR-22 form. This is a certificate of financial responsibility that shows that the individual has obtained the required insurance coverage. However, filing an SR-22 form can be expensive, and insurance premiums for individuals required to file the form are often significantly higher than for those who are not.

It’s important to note that even if you are not caught driving without insurance, the financial risks of being uninsured are still significant. If you are involved in an accident and do not have insurance, you could be held personally liable for any damages or injuries that result. This could result in financial ruin, as medical bills and property damage can quickly add up.

So if you’re thinking about driving uninsured, think again. The risks are simply too great. Instead, make sure you have the required insurance coverage so that you can drive with peace of mind.

Financial Risk with no vehicle insurance

3. Financial Risks of Driving without Auto Insurance

Auto insurance is a necessity for all drivers, as it provides financial protection in the event of an accident. However, many individuals choose to drive without insurance, either due to financial constraints or a lack of understanding of the risks involved. Driving without insurance can have serious financial consequences, including:

Paying for Damages Out-of-Pocket

If an individual causes an accident while driving without insurance, they will be responsible for paying for damages out-of-pocket. This can be a costly endeavor, and without insurance, the individual may be unable to cover the full cost of damages. In some cases, the cost of damages can be so high that the individual may be forced to declare bankruptcy or sell off assets to cover the costs.

Personal Liability in Accidents

Driving without insurance also leaves individuals vulnerable to personal liability in accidents. If the individual causes an accident that results in injury or property damage, they can be held personally liable for the cost of damages. This means that the individual may be forced to pay for medical bills, lost wages, and other expenses related to the accident out-of-pocket.

Furthermore, if the individual is sued for damages, they may be required to pay for legal fees and court costs, which can add up quickly.

Long-term Financial Consequences

Driving without insurance can also have long-term financial consequences. Individuals who are caught driving without insurance may find it difficult to obtain insurance in the future, and when they do, they may be subjected to significantly higher premiums. This is because insurance companies view individuals who have driven without insurance as high-risk drivers, and therefore, charge them more for coverage.

Additionally, driving without insurance can lead to a suspended license or even jail time in some states. This can have a negative impact on an individual’s ability to work and earn income, further exacerbating their financial situation.

It is important for all drivers to understand the risks of driving without insurance and to obtain adequate coverage to protect themselves and others on the road.

In Oregon, the minimum financial penalty for driving uninsured is $135, but that can escalate to a maximum of $1,000.

Future risks with driving without auto insurance

4. Increased Premiums and Difficulty Obtaining Insurance

High-Risk Driver Classification

Individuals who are caught driving without insurance are often classified as high-risk drivers by insurance companies. This can make it more difficult for them to obtain insurance in the future, and when they do, they may be subjected to significantly higher premiums.

Being classified as a high-risk driver can be a major setback for individuals who rely on their vehicles to get to work or school. Without insurance, they may be unable to legally operate a vehicle, which can lead to missed opportunities and lost income. In addition, the financial burden of high premiums can be overwhelming, especially for those who are already struggling to make ends meet.

Limited Insurance Options

Being classified as a high-risk driver can also limit an individual’s insurance options. They may be unable to obtain the same level of coverage as other drivers, and they may have to settle for expensive, limited coverage.

For example, a high-risk driver may only be able to obtain liability coverage, which covers damages to other people and their property in the event of an accident. This means that if the high-risk driver is at fault for an accident, they will not receive any compensation for damages to their own vehicle. This can be a major financial burden, as repairs or replacement of a vehicle can be costly.

Higher Premiums for Future Coverage

Individuals who are caught driving without insurance can also expect to pay higher premiums for future coverage. Insurance companies may view them as a higher risk, and as a result, they may charge them higher premiums for coverage.

This can be a major deterrent for individuals who are trying to get back on track after being caught driving without insurance. The higher premiums can make it difficult for them to afford coverage, which can lead to continued financial strain and potential legal consequences if they are caught driving without insurance again.

See penalties with driving without auto insurance in Oregon

Conclusion

Are you an uninsured motorist in Oregon? Driving without auto insurance is not only illegal but also extremely risky. It can leave individuals vulnerable to legal and financial liabilities that can have long-term consequences. The best way to protect oneself against these risks is to obtain the necessary auto insurance coverage.

In an auto accident and a party does not have auto insurance? Contact us today.

/by
,

Insurance Tips Before And After An Accident

Whenever you are in a motor vehicle, there is a risk of getting into an accident. Whether you are part of a minor fender bender or a big injury incident, knowing ahead of time what to do can prevent costly mistakes with your claim. Here we have discussed what to do after a collision so that when you notify your insurance and are seeking compensation, you receive the fair amount you deserve. Most people who are in auto accidents will sustain some degree of physical injury from impact, along with financial hardships from property damage and loss of wages.  Below are some helpful insurance tips. 

Uninsured? Read Oregon Uninsured Motorist Laws

Choosing the Right Insurance Policy

When purchasing your insurance, carefully look over your coverage before signing to assess if the policy limits, coverages, and deductibles are appropriate for your needs. After you get your policy, read over the declaration page, which will list the names of covered drivers and the vehicles insured. Make sure this information is correct, and if it isn’t, notify your insurer right away. Becoming familiar with your insurance company and policy is a great way to know what you are covered for if you have to file a claim. Read through your policy entirely and highlight the main points so you understand what is covered, and what is excluded. 

Immediate Actions to Take After an Accident

If you are in an accident, stop and move only if it is safe for you to do so. Call 911 so that anyone who is injured can get medical attention immediately. An officer will likely arrive at the scene, in which you can tell them what happened through your perspective. Stick to facts only and do not place blame, as that is something your insurance company is going to handle for you later. A police report will entail facts pertaining to the incident and can be influential in proving fault. 

Gathering Evidence and Witness Information at the Scene

Other elements of proof that will be useful include photographs of your visible injuries, property damage to both vehicles, glass or debris in the road, and the whole scene. Video footage helps as well. If there were bystanders or passengers who saw what happened, ask for their name and contact so your personal injury lawyer can reach out to them for a statement. Before leaving the scene, be sure to gather the following from the other driver:

  • First and last name

  • Driver’s license number

  • Current address

  • Phone number

  • Email

  • Insurance company name

  • Phone number for their insurance company

  • Vehicle license plate number

  • Vehicle description and color

Filing a Claim and the Importance of Legal Assistance

After you file a claim with your insurance company, they will reach out for more details regarding your injuries and any financial loss you accumulated. Your insurance may ask you to provide a written or recorded statement. But as our friends from Cohen & Cohen knows, it’s best to contact a lawyer before offering your statement. 

Unfortunately, insurance companies use this as a way to get claimants to make statements that will reduce the value of or allow them to deny the claim. Despite insurance companies supposedly being there when people need them, many find that it is exactly the opposite. For this reason, it’s wise to consider meeting with a legal team so that you are protected during this time. 

For more insurance tips, contact us!

/by

What to do After a Car Accident

Actions to be taken immediately after the car accident:

Whether your injuries resulting from a car accident are relatively minor or very serious, you should seek immediate medical attention for you and anyone injured in the accident. You may not experience any immediate discomfort as the adrenaline masks the pain, but once you have had a chance to recover, you may start to notice symptoms.

Prioritize the immediate well-being of everyone impacted by the accident by providing first aid, calling the police and paramedics, and exchanging information. Whenever possible, you must give your contact information to the other driver, the other car’s occupants, and any wounded pedestrians or property owners. Names, addresses, driver’s license numbers, license plate numbers, and insurance details must be shared  with the other party involved in the accident.  While this is the bare minimum that must be reported, you should always collect additional information, such as contact information for any witnesses, a detailed description of any damage, photographs of the scene of the accident, and a full account of the accident. 

If anybody is injured or killed due to the accident, or if your vehicle sustains damage in excess of $1,500, or if your vehicle is towed from the site of the accident, you must file an Oregon Accident and Insurance Report with the Oregon DMV within three days from the date of the accident. Police stations, sheriff’s offices, DMV field offices, and the DMV’s website have accident report forms and detailed instructions on reporting accidents.

Actions to be taken immediately after the car accident

Things you should NOT do after a car accident:

Do not give a statement to the other drivers. 

If you were in an accident, the only thing you need to provide to the other driver is your contact information and insurance information. The other drivers and/or their insurance company may try to pin the blame for the accident on you if you give them statements about what happened. They may also try to get you to admit to not being hurt directly following the accident.  They may try to avoid taking responsibility for their actions by telling the police and their insurance company that they were not at fault for the collision. 

Do not give a statement to the other driver’s insurance company.

Do not give a statement to the other driver’s insurance company about the accident or your medical care. 

File a Claim with your Own Insurance Company.

In order to file a claim following your vehicle accident in Oregon, you must first alert your insurance company.  You must help the insurance company investigate the claim in accordance with the terms of your policy. If you’ve been injured in Portland, Oregon, it’s in your best interest to hire a personal injury attorney to protect your interests and handle the legal aspects of pursuing financial compensation while you focus on getting well. Do not provide any insurance company (including your own) a written or recorded statement and do not sign any paperwork until you have spoken with your personal injury attorney. 

Tell the insurance company’s adjusters to contact your attorney instead. By getting an experienced attorney involved, you won’t have to talk to the insurance company alone. 

Keep in mind that insurance companies are multibillion dollar corporations that want to maximize profits at the expense of minimizing payouts on claims. If you don’t have an attorney defending your interests, the insurance company will try to convince you to settle for less than you deserve or try to get you to sign documents that don’t reflect the full extent of your injuries and losses. 

Reimbursement for property damage incurred as a result of the accident.

Collision insurance is the policy that pays to fix or replace your car if it is damaged in an accident in Oregon.  This protection is optional in Oregon, so make sure to add it to your policy.  Without collision insurance, you will have to pay for the repairs yourself. 

If you have collision coverage or are not considered at fault, most disputes about car repairs can be settled by contacting your own or the other driver’s insurance provider directly. The costs of fixing your car after an Oregon traffic collision will be covered entirely by your insurance provider (if the cost of repairs does not exceed the value of the vehicle). Your car should be restored to its pre-accident condition at no cost to you. It’s possible that the accident will lower your car’s resale value, even after repairs are made. In such cases, you can file a diminished value claim in Oregon to seek compensation for the difference in value from before and after the accident. 

If the cost of repairs exceeds the worth of the car, the insurance company will declare it a “total loss”, and you will be reimbursed for its fair market value plus any applicable taxes and title fees. What this means is that you should be compensated for the market value of your car.

Our experienced Oregon Car Accident Attorneys can help you establish your claim and determine who is responsible for compensating you for your injuries.  It is highly recommended that you seek the advice of our experienced Oregon Car Accident Attorney at Ryan Hilts Law. You may safeguard your right to fair compensation by hiring our experienced Oregon Car Accident Attorney at Ryan Hilts Law. Our experienced Oregon Car Accident Attorney at Ryan Hilts Law are practicing in Portland Oregon, Lake Oswego, and the surrounding areas. 

/by
,

Oregon Work Auto Accidents

The risk of being involved in an auto accident does not go away just because you’re on the job. Jobs including truck and bus driving, contracting, delivery, and sales all demand regular travel for their employees. It’s not uncommon for an office worker to be requested to use their personal vehicle to do an errand. It’s no secret that auto accidents are a major contributor to the rise of everyday workplace injuries.

Common on the job activities that increase the risk of getting into an auto accident

It’s common to associate auto accidents with the commute to and from work. However, many people need to drive to and from work every day. Employment in many fields demands regular use of a motor vehicle, such as truck driving, mobile sales, sales agenting, traveling nursing, and caregiving.

Everyone hopes they won’t be involved in a car accident, but as per the most recent statistics released by the Oregon State Transportation Department, unfortunately car accidents are a common occurrence in Oregon as approximately 55,000 crashes occur annually in Oregon. Due to the prevalence of traffic accidents, people whose jobs require them to drive are at a much higher risk of being hurt in one themselves.

An employee who is injured in an auto accident on the job may be eligible for workers’ compensation even if the accident was not their fault. A few such scenarios where an individual may have a valid claim following an automobile crash include:

  • Injured truck driver
  • caregiver commuting from one workplace to another
  • Couriers
  • Sales associates en route to or from a customer appointment
  • Accidents involving utility workers and their work vehicles
  • Construction workers operating heavy vehicles

Oregon Work Auto Accidents

Are on the job auto accidents covered by workers compensation?

Most auto accidents that occur on the job are covered by workers’ compensation. Your workers’ compensation benefits will cover payment for any necessary medical care, time off work, or retraining.

But not all auto accidents on the job count as qualified accidents. As a workers’ compensation lawyer, I am frequently asked if an injured worker could file a claim if the injury occurred on the way to or from work. Unless the employee can provide evidence that travel is necessary for the performance of their job, the answer is likely to be negative. You can evaluate your claim possibility by asking yourself the following questions:

  • Was this a business trip?
  • Is regular travel a requirement of your position?
  • Do you get paid for the time you spend traveling for work?
  • Does your employer know if the auto accident happened on their property?

Get in touch with our experienced Portland workers compensation attorney who can offer a first free consultation and evaluate your case to advice you on the getting the best possible outcome and the highest amount of workers’ compensation.

I was involved in an automobile accident and suffered injuries. Do we file a claim with the state’s department of motor vehicles or with the state’s department of workers’ compensation?

If you are hurt while driving for work and file a claim, you may be eligible for workers’ compensation benefits and may also be able to sue the negligent vehicle driver.

Quick medical attention is necessary after any kind of injury accident. During the time of the automobile accident, you should have been at work, so be sure to let your doctor know this. The next step is to fill out Section A of Form 801 for Oregon Workers’ Compensation. You should keep a copy and have your company fill out and file the bottom section. Verify with your employer that they have submitted the paperwork to the workers’ compensation carrier.

Your workers’ compensation insurance provider will most likely mail you an incomprehensible letter within the next few days. The letter you might receive will request a response regarding the auto accident claim.  In the event that you do not respond to this letter within 60 days, the workers’ compensation insurer responsible for paying your medical expenditures will assume responsibility for the claim. If you decide to pursue the claim but wait more than 90 days to do so, the paying workers’ compensation insurer will take over the case.

Get in touch with our committed Portland workers’ compensation attorneys right away!

An experienced Portland workers compensation attorney has devoted their entire professional life to advocating for the rights of wounded employees and their loved ones. An experienced Portland workers compensation attorney takes the time to get to know their clients and their cases and fully comprehend their needs because they know the toll a work-related accident or sickness can take on an individual and his or her loved ones.

Our attorneys believe that informing injured workers about the workers’ compensation system is the best way to give them hope and relief. Our attorneys are proud to receive recommendations from other attorneys and organizations who recognize their dedication and value their expertise in handling difficult workers compensation matters.

/by
,

In an auto accident because of a drunk driver in Oregon?

Here’s what you can do.

According to the Oregon Department of Transportation, drunk driving accounted for 1,783 of the total auto accidents in . Under the Oregon vehicle code, driving with a blood alcohol content of .08% or more in non-commercial drivers or .04% or more in commercial drivers is a punishable offense in Oregon which can result in a fine or jail, or both.

Oregon’s insurance system provides accident victims with more flexibility than in many other states. Oregon requires all drivers to carrying Personal Injury Protection (PIP) medical insurance of a minimum amount of $15,000.  PIP will also pay 70% of lost wages, up to $3,000 per month.  If the accident was caused by someone else, PIP will be reimbursed from the at-fault insurance company.  Injured parties can also file a claim against the at-fault insurance company for reimbursement of economic and non-economic (pain and suffering) damages.

Our experienced Oregon car accident attorneys at Ryan Hilts law can assist you in pursuing financial compensation against drunk drivers.

What to do after getting hit by a drunk driver in Oregon

Details of your case, such as the extent of your injuries, lost wages, medical expenses, and any other losses will determine the amount of compensation you will receive as a result of your injuries.

In Oregon, there are time restrictions for filing a claim for damages following a drunk driving accident, known as the “statute of limitations.” There are also additional deadlines that must be met depending on certain circumstances.  Do not hesitate to call a lawyer immediately so that all deadlines are met and you are able to pursue your claim.

Our experienced Oregon Auto Accident Attorneys can help you establish your claim and determine who is responsible for compensating you for your injuries. Insurance companies try to settle claims for as little as possible. Because of this, it is highly recommended that you seek the advice of our experienced Oregon Auto Accident Attorneys at Ryan Hilts Law. You may safeguard your right to fair compensation by hiring our experienced Oregon Auto Accident Attorneys at Ryan Hilts Law. Our experienced Oregon Auto Accident Attorneys at Ryan Hilts Law are practicing in Portland Oregon, Lake Oswego, and the surrounding areas. You can contact our experienced Oregon Auto Accident Attorney here.

/by
,

In a car accident? This is why you MIGHT need an attorney.

Car accidents occur unexpectedly and can have life-altering consequences. Even seemingly small injuries can have far-reaching effects.  Fortunately, if you have been a victim of an Oregon car accident, then you can seek compensation for your losses, such as medical expenses and lost earnings, by filing a claim with the at-fault driver’s insurance company. After seeing a doctor, you should talk to an Oregon car accident attorney about your car accident case.

Our experienced car accident attorneys at Ryan Hilts Law can help ensure you receive the financial support you need to make a full recovery.  Your medical bills and lost wages should be paid for by the negligent driver’s insurance carrier.

Oregon Car Accident. Do I need an Attorney?

Oregon Car Accident Statute of Limitations

The right to sue in court may be barred by a state’s “statute of limitations,” which specifies a time frame within which a plaintiff must file suit.  According to Oregon Revised Statutes section 12.110, there is a two-year deadline for filing a car accident injury claim by a passenger, motorcyclist, driver, pedestrian, bicycle rider, electric scooter rider, or motorcyclist.  However, the deadline extends to three years in case of someone’s death as a result of a car accident. According to Oregon Revised Statutes section 30.020, a wrongful death claim can be filed by the deceased’s family member within 3 years. Further, according to  Oregon Revised Statutes section 12.080, you can file a claim seeking compensation for vehicle damage within six years.

Oregon Modified Comparative Negligence Law

A person commits negligence when his/her carelessness causes injury to another person. In general, states either use comparative negligence or contributory negligence for handling negligence cases. To put it simply, under the doctrine of comparative negligence, a defendant is only liable for damages proportionate to the degree to which he or she is determined to share culpability. Oregon follows a modified comparative negligence wherein if a plaintiff is judged to be fifty percent or less at fault, they will be awarded damages.

According to Oregon Revised Statutes section 31.600, if you were partially at fault for an accident, you can still make a claim and file a lawsuit to seek compensation for your losses. However, any award you receive must be reduced in proportion to the degree in which your negligence exceeded that of the defendant. Because there is no objective way to assign fault under Oregon law, settling on who is at fault comes down to your ability to convince a judge, arbitrator, and/or jury. Our Oregon car accident attorneys at Ryan Hilts Law can help you get compensation for an Oregon car accident.

Oregon Car Accident Reporting Requirements

 The Oregon Driver and Motor Vehicles Services mandate that drivers involved in a car accident must file an Oregon Traffic Accident and Insurance Report in case of death, vehicle damage exceeding USD 2,500, the vehicle is towed from the scene due to such damage, or injury to a person. In case you are in a car accident, you should immediately contact our Oregon car accident attorneys at Ryan Hilts Law to file an Oregon Traffic Accident and Insurance Report.

Oregon is a No-Fault State

Everyone hopes they will not be involved in a car accident, but unfortunately, car accidents are a common occurrence in Oregon, as approximately 55,000 crashes occur annually in Oregon. Oregon is one of the twelve no-fault states in the U.S. In a no-fault state, every vehicle owner should have Personal Injury Protection (PIP) coverage included in their auto insurance policy.  In the event of an accident, each Oregon resident is responsible for filing a claim with their own insurance carrier, regardless of who was at fault.

PIP is mandated in no-fault states. Minimum requirements for PIP coverage are set by each state. In the case of a car accident, PIP will cover medical expenses up to the policy’s maximum.  PIP is then reimbursed by the at-fault driver’s insurance.  In the event of an accident when the driver’s own insurance does not cover the whole cost of repairs, the driver may have to file a lawsuit against the other driver’s insurance company.

Many issues may arise during a case – the at-fault driver’s insurance company may not provide enough coverage. Insurance companies may try to settle a case for as little as possible.  It is highly recommended that you seek the advice of our experienced car accident attorneys at Ryan Hilts Law.  You may safeguard your right to just compensation by hiring our experienced Oregon car accident attorneys at Ryan Hilts Law.

Our experienced Oregon car accident attorney can be reached here.

/by
,

Car Accident with No Insurance in Oregon

If you have suffered an injury in a Portland car accident, the stress of your injuries could be challenging enough. However, when an uninsured driver causes those injuries, you must face additional questions that could impact your recovery. Questions can range from, who will pay for your medical bills? What if you miss work? Thankfully Portland and Oregon injury attorney Ryan Hilts has experience representing car accident cases such as these. The sad truth is, there are many drivers in Oregon who don’t have car insurance. Here’s what you need to know if you’re involved in an accident and the other driver didn’t have insurance coverage.

If you’re facing injuries due to another person’s negligence or wrongdoing, it’s important to seek counsel from a personal injury lawyer. Ryan Hilts Attorney at Law can help you seek fair compensation for an at-fault driver who doesn’t have insurance. Contact us today for a free consultation regarding your case (503) 726-5960.

Oregon No Insurance Car Accident

Oregon is a “Fault” Car Accident State

Like most states, Oregon is a “fault” car accident state.

This means that whoever is found to have caused the accident is responsible for any harm that results.

Penalties for Driving Without Insurance

If a driver is driving without insurance in Oregon there are fines that can range to thousands of dollars, their license can be suspended, their vehicle towed, and convictions can result in having to file proof of insurance with the DMV for three years.

 

DUI Personal Injury Settlements

No Pay, No Play Rule

Oregon is also a state with a “no pay, no play” rule.

If you do not have auto insurance at the time of an accident and if you’re struck by another motorist, you are limited in what you can recover.

You cannot collect “non-economic” damages like pain and suffering. However, economic damages such as medical bills and lost wages will be covered. There are also exceptions to this rule which allow for recovery of non-economic damages, including the defendant driving while intoxicated or driving recklessly.

Oregon Accident Automobile

If you’ve been struck by an uninsured driver you’ll likely want to retain a personal injury lawyer.

The personal injury lawyer can review the facts of the case, collect information and support for the damages you’ve suffered and build a case against the Uninsured Motorist Coverage policy.

No Car Insurance Oregon Accident

What to Do if You’ve Been Struck By an Uninsured Motorist in Oregon

If you’ve been involved in an accident, the first step is to call the police and exchange insurance information with the other driver.

As with any accident, but especially when dealing with an uninsured driver, you’ll want to collect hard copies of as many facts of the accident and subsequent damages as possible. Medical bills, visits with therapists, counselors, physical therapists, and other service providers, lost wages from work and any evidentiary support that can be used to collect damages.

Finally, you’ll want to retain a personal injury lawyer to review the case and assess what you’re entitled to. All Oregon Insurance policies contain Uninsured Motorist coverage. This means if you are struck by someone who is uninsured, you have insurance coverage through your own policy. In an accident with an uninsured motorist in Oregon?

personal injury lawyer portland

/0 Comments/by