Car Accident Archives - Ryan Hilts Attorney at Law

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 Lake Oswego 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 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.

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.

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.

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.

May 14, 2021/0 Comments/by admin

Article, Car Accident, Oregon

The Law Requires You to File an Accident Report If…

Typically, the law requires you to file an accident report if it results in personal injury, death, or property damage. But what about Oregon? Here’s all you need to know.

What is a Police Accident Report?

Also known as an incident report, an accident report is a formal record of the facts related to a vehicle accident.

The report outlines details like:

What has occurred
Who was involved
Where the accident occurred
Date and time of the incident

An accident report also provides contact information of those involved in the accident including drivers and passengers.

Contact information for anyone who witnessed the accident is also included in the accident report.

Who Creates a Police Accident Report?

The police officers who are called to the scene of the accident fill out an accident report. Sometimes accident experts are also required on the scene to investigate causes and to recreate the accident events.

What is Included in a Police Report

The police report may contain a statement about who was at fault. This statement is based on police professional judgment.

It is a misunderstanding that all accident reports determine fault. The police report often does not assign blame or ticket drivers.

Police reports may include such important details as:

Accident details including date, time, and location of where the crash occurred
Driver statements: These may include the fault for the accident.
Contact details regarding insurance information.
Eyewitness information and contact data.
Written details from the officers regarding what they were told about events that led to the accident.
Police officer conclusions regarding the accident’s cause are based on eyewitness reports and other evidence.
Injuries observed at the accident scene.
Description of vehicle damage.
Weather and road conditions at the time. These may be used to formulate conclusions about how and why the accident occurred
Diagrams and pictures of the scene. These are used to prove the severity of the accident, property and vehicle damage, and injuries.
If tickets were issued proving evidence of driver negligence.

When Should You Call Police to the Scene of an Accident?

In some states, even if an accident seems minor, you are legally required to call the police. If they cannot come to the scene, you can report the accident at the nearest police station.

In other states, an official police report is required only if damage to vehicles or property exceeds a specific amount or there are injuries.

Even if an accident seems minor, it is wise to call the police to the scene of an accident. Many times, vehicle or property damage that appears minor can prove costly.

Why are Police Accident Reports Important?

A police incident report is proof that an accident occurred.

The accident report notes the driver or weather causes of the accident. If you sustain an injury, this information may help your lawyer prove your injuries were caused by the accident. In cases of lawsuits, these data are crucial evidence.

If you decide to seek compensation for the damages you suffered, having the details of the accident is vital to your claim.

Is Oregon an At-Fault State?

Yes, Oregon is an at-fault state.

This means that the person who committed a driving error is responsible for injuries and damages.

However, Oregon’s insurance policies must include a built-in provision called personal injury protection (PIP). As writer Mark Fitzpatrick notes, PIP insurance is mandatory in Oregon if you are driving any vehicle except a motorcycle.

A PIP policy has to provide a minimum of $15,000 of coverage per person injured in an accident. This money may be used to cover such accident-related costs as medical bills and lost wages of the driver or passengers involved in the accident.

What is an Oregon Traffic Accident and Insurance Report?

In Oregon, according to the Department of Transportation, you must file an accident report with the Department of Motor Vehicles. This Oregon Traffic Accident and Insurance Report must be filed within the first seventy-two hours after the accident.

Unlike a police report, an Oregon Traffic Accident and Insurance Report, required by the Oregon Department of Transportation, is filed by the drivers involved in the incident. This report must be filed with the Department of Motor Vehicles under certain conditions.

The Law Requires You to File an Accident Report If…

Damages to vehicles involved in the incident are in excess of $2500. This report must be filed even if only one vehicle was involved.
A vehicle must be towed from the accident scene, the report must be filed.
An injury or death occurred as a result of the accident the form must be filed.
Damages to property at the accident scene exceed $2500, a report must be filed.

So, in most cases, the law requires you to file an accident report if it results in personal injury, death, or property damage (exceeding a certain amount).

What Happens If a Report is Not Filed?

If you fail to file an Oregon Traffic Accident and Insurance Report, the Department of Motor Vehicles will suspend your license.

What About if Damages Were Under $2500?

If damages in an accident do not exceed $2500, you are not required to file an Oregon Traffic Accident and Insurance Report. If the other driver is not insured, you should file a report. Note in this report that it does not meet the $2,500 reporting criteria.

Are Police Reports Admissible in Court?

No. Police reports are considered hearsay. The police did not witness the accident.

However, police reports can provide details from witnesses who saw the accident. These witnesses can testify through deposition or at a trial.

Why Seek Legal Representation After an Accident?

Whether you are injured or you simply have suffered vehicle damage, you are smart to call a lawyer who specializes in personal injury cases.

If you were injured in a car accident, you need legal representation. Furthermore, you need an attorney who specializes in personal injury claims.

Lawyers who deal with accident reports and personal injury suits are best equipped to protect your rights and get you the best compensation possible.

With injury attorneys like Ryan Hilts Law, you can trust that your interests are being well represented. You can focus your time and efforts on recovery.

Ryan Hilts Law specialists have a proud history of helping accident injury victims get maximum compensation for pain and suffering, medical bills, and loss of work earnings.

Let’s discuss whether you have a claim for compensation. Request a free consultation from our experienced legal team.

December 17, 2020/by Ben

Article, Car Accident, Oregon

Is Oregon a No-Fault State?

Of course, everyone wants to avoid car accidents, but sometimes they happen. It’s best to be prepared if and when an accident occurs, so when it comes to who’s at fault and if Oregon is a no-fault state, here’s what you’ll need to know.

What is a No-Fault State?

Ashlee Tilford’s article notes that a no-fault state is one in which drivers have insurance that will cover injuries and damages to their car, driver, and passengers.

“No fault” means that it doesn’t matter who caused the accident. Everyone must file a claim with their own insurance company in case of an accident.

All drivers must have personal injury protection coverage as part of their vehicle insurance policy.

Which States are No-Fault States?

Currently, there are twelve no-fault American states.

These include:

Florida
Michigan
New Jersey
New York
Pennsylvania
Hawaii
Kentucky
Massachusetts
Minnesota
North Dakota
Utah.
Puerto Rico also has no-fault insurance laws

How Does No-Fault Affect Insurance?

In no-fault states, personal injury protection coverage is required. Each state decides on a minimum personal injury protection coverage. Personal injury protection coverage pays up to a certain amount on medical bills for the driver and passengers in the event of an auto accident.

However, in cases of major vehicle damage and/or serious and/or permanent injuries, these may be only partly covered. Drivers might have to try to recoup losses not covered by their insurance by suing the driver who was legally at fault and the insurer of the vehicle he/she was driving.

So, when it comes to insurance, the question of whether Oregon is a no-fault state comes into play with coverage.

Is Oregon a No-Fault State?

No – Oregon is an at-fault state.

This means that the driver who caused the accident is liable.

His/her insurance company has to cover repairs, medical costs, and all other damages that result from the accident.

An at-fault state, like Oregon, is also called a tort state. The blame and financial responsibility are placed on the driver responsible for the accident. The insurer of the car he was driving is liable for the other driver’s losses, including medical bills and property damage.

In Oregon, police officers who are called to the accident will determine who is at fault.

However, each policy has a maximum on damages and medical costs. If your claims exceed this maximum, you will have to sue the driver for the additional costs. In an at-fault state, like Oregon, ITC notes that you are allowed to do this.

Oregon has some provisions built into their insurance. Personal injury protection means that if you suffer injuries and/or vehicle damage in an accident that was not your fault, you can file a claim through the at-fault driver’s insurance company. That company must pay compensation. You must prove liability.

At-Fault vs. No-Fault Insurance

Pros of No-Fault Insurance

No-fault insurance states do not recognize one driver to be at fault for an accident. What happens instead? Both car owners in a crash work with their insurance companies to get medical and car repair compensation.

If you have passengers in your vehicle, they would go to their own car insurance companies for payment of medical bills or other loss of work income as a result of their injuries.

One of the strengths of no-fault insurance is that you do not have to wait for the other driver’s insurance company to process payments for vehicle damage or medical costs. Claims are covered quickly and without hassle.

It might also save you the cost and time of suing to recoup compensation.

In no-fault insurance, you decide the maximum amounts of coverage on your vehicle and personal injury. You are not at the mercy of the other driver’s insurance limits.

In no-fault insurance, there are some exceptions to this. If one party has significant property damage exceeding a specific amount or if one party sustains debilitating injuries or has a permanent physical disability, these cases are deemed exceptions.

In such extreme cases, no-fault states allow third-party lawsuits to be filed against the driver who was deemed responsible.

Even though it is no-fault insurance, legally, the fault is assigned. When police are called to the scene of the accident, they will investigate. They report. They do not assign fault. That is up to your auto insurance company. They assign fault or no fault.

Your car insurance company will assign a percentage of fault to each of the drivers. This helps the companies determine fault. Each driver can be found to be 0% to 100% at fault for the accident.

Cons of No-Fault Insurance

As Nofaultinsurancequotes.com notes, a major drawback of no-fault insurance is that you have to claim against your own insurance company—even if the fault was not yours. Your insurance rates will most likely go up.

Another con of no-fault insurance is that the driver who caused the accident cannot be sued—except in unusual cases. While costly lawsuits are avoided, drivers who caused accidents are rarely held accountable.

Pros of At-Fault Insurance

The biggest pro is that bad drivers are held accountable. If you were not found at fault your insurance record is clean and your premiums don’t go up.

Cons of At-Fault Insurance

The downside is that claims may take a long time to get processed. Lawsuits often result. These are costly, stressful, and time-consuming for a driver who had nothing to do with causing the accident.

In the event of the at-fault driver having low/mild personal injury and/or liability coverage, you might end up suing him/her for damages. You may never recover your costs.

Things to Be Wary of in Oregon State Fault Insurance

The insurance payout from the insurance company of the at-fault driver may not be enough. Your losses may exceed the maximum amount of the insurance policy.

The company may be trying to reach a low settlement.

For these reasons, it is always wise to engage the services of a personal injury attorney. With a skilled lawyer, your rights to a fair settlement are protected.

You also need to be wary of time limits on making claims. Suing the other driver and/ or the insurer of the vehicle he/she was driving the company is time-sensitive. Your lawsuit must be filed in under two years of the accident date.

Ryan L. Hilts warns that Oregon personal injury law is neither simple nor easy. His firm urges those who are making accident claims to hire an attorney with several years of experience in personal injury law.

If you have questions about making a claim against an Oregon driver, or if you have any other questions like if Oregon is a no-fault state, contact Ryan Hilts Law at (503) 726-5960 or at RYAN@RYANHILTSLAW.COM for more information.

October 30, 2020/by Ben

Car Accident, Personal

When to Hire an Attorney After a Car Accident

Car accidents can be overwhelming. Aside from just ensuring yours and others’ safety, it’s important to know what to do after a car accident. In fact, there are a number of things that you should do. For example, calling the local law enforcement to take a record of the accident. Additionally, you should get the other driver’s insurance information, take photos of the accident, and get medical help if you are injured.

Many people wonder when to hire an attorney after a car accident. We’re giving you the information below for general guidelines on seeking personal injury representation. If you’ve been involved in a car accident in Oregon, contact expert personal injury attorney Ryan Hilts by calling (503) 726-5960.

Why Is It often Important To Hire An Attorney Soon After A Car Accident?

When you get in a car accident, it can be beneficial to hire an attorney as soon as possible. By hiring an attorney sooner, rather than later, the attorney has a better opportunity to investigate and understand the details of the liability portion of your case.

Also, in the state of Oregon, the statute of limitations for a car accident litigation case is two-years. If certain deadlines are not met within the two year statute of limitations, cases will be lost. There are also additional deadlines for cases against a public body or an officer, or employee or agent of a public body. A personal injury attorney will know which requirements need to be met for each case.

In addition many people get into car accidents and receive injuries that appear to be minor, only to later discover they do not heal and become permanent. Insurance companies often try to settle cases early before the injured victim realizes the extent of their injuries. Once a settlement occurs there is no way to open the case and receive just compensation.

In Oregon, the statute of limitations for a litigation case is two-years
If two-years have passed since the accident, you can’t take that case to court
By failing to hire an attorney, you run the risk of dealing with damages that were far more severe than you realized, or receiving a low settlement
Hiring an attorney sooner, rather than later, will enable you to understand what you’re dealing with as soon as possible, and to move your case forward

What Will A Good Attorney Help You With?

Knowing when to hire an attorney after a car accident is essential. First, you should know how a personal injury lawyer can assist.

Personal injury cases can be very complex. With a good attorney you’ll be walked through each step of the legal process, allowing you to understand the process and help you work together with the attorney to achieve the settlement that you’re entitled to.

Personal injury cases can be very complex, and they consist of many different factors and variables. If you are unfamiliar with the legal system, and how to navigate within it, then hiring a good attorney will make things significantly easier.

There are a plethora of other situations that you will deal with when moving your case forward. Situations related to determining the damages that took place, receiving the proper settlement, proving fault, etc; a good attorney will walk you through those situations and make the entire process much easier for you. Without hiring an attorney, though, the entire process will be far more complicated.

Personal injury cases are very complex, and they consist of many factors and variables
By hiring a good attorney, you’ll be walked through the intricacies of the legal process and the entire experience will be much easier
A good attorney will help you organize your case and present it to the court
With a good attorney, you’ll know when the insurance company is attempting to give you a poor settlement
A good attorney will help you navigate any legal situations/challenges that come up while your case is in court
Without hiring an attorney, the entire process becomes far more difficult and there’s no guarantee you’ll receive the settlement you desire

How Can You Prepare To Hire An Attorney?

To properly prepare for hiring an attorney, you need to organize every piece of information that pertains to your case. This information includes things like photos of the damages, medical records, pay stubs that prove you lost money, etc. By organizing all of this information, and then finding the right attorney, you’ll make it far easier for you and your attorney to move your personal injury case forward.

The information that you need to organize consists of things like photos of the accident, medical records of the injuries you sustained, pay stubs that show lost time at work, along with any notes regarding what happened during the accident and what you can remember. It also helps to preserve any physical evidence of the accident, such as any dents that are in your car or a broken mirror.

When you have all of that information organized, you can then show it to the attorney that you hire. When to hire an attorney after a car accident, in general, it usually depends on how quickly you can gather the needed information. Alternatively, an experienced car accident lawyer in Oregon can help you prepare with needed materials. This will make it far easier for your attorney to understand your case, and to work with you on taking your case to court and getting you the settlement that you are entitled to.

To prepare for hiring an attorney, it’s very important that you organize every single piece of information related to the car accident
This is information such as photos of the accident, medical records of the injures you sustained, pay stubs that show lost time at work, notes regarding what you can remember of the accident, and even physical evidence
By having this information and organizing it, your attorney will understand all of the details of your case, and what the next best step is

March 17, 2020/by Content

Article, Car Accident, Oregon

What Happens After a Car Accident

Being involved in a car accident can feel frightening and overwhelming. First and foremost, in the event of an emergency, always call paramedics if you’re able, or take yourself or others involved in an accident to be treated for any injuries sustained in the accident. Even with accidents being commonplace on the road, many are still wondering, what happens after a car accident? While the situation may vary depending on the circumstances of the accidents, it’s important to know what to avoid soon after an accident.

If you’ve recently been involved in a car accident in Oregon, contact Ryan Hilts for personal injury representation. We offer guidance on how to address the following mistakes. For a free case review, send us a request here.

Failing To Document The Car Accident

When you are involved in a car accident, it’s very important that you or someone else involved knows the details of the accident. When you file a claim, you’re going to need to explain the accident and what took place. If you’ve been injured, first seek medical attention, but try to enlist a witness to help you document for a later date.

Make sure that you or someone who witnessed the accident can:

Take pictures of your vehicle, and any damage that is sustained
Take pictures of the other person’s vehicle, and any damage that their vehicle sustained.
If you were injured, or if there was any other property damage, you should also take photos.

This information will provide the basis for both a DMV Report and any kind of claim or lawsuit. Other items that you should always make note of after a car accident:

Record the date and time of the accident
Remember the road you were driving on or the address where the accident took place
Note the direction you were driving and the direction of the other vehicle involved
Pieces of information and details of how the accident took place

What happens after a car accident is that most people are temporarily distracted either by the shock of the accident or from injuries. Things tend to happen very quickly and it’s easy to forget minor, but still very important, details of the accident. For this reason, if possible, it’s best to utilize your phone to take proper documentation.

Driving Away

What happens after a car accident? You should call 911. Even if the car accident resulted in no injuries and very little property damage, it’s a good idea to call 911.

When you do that, the police will sometimes come and make a police report. Using that police report, you’ll have access to some very important documentation regarding the accident, which will make it easier to file a successful claim.

Waiting Too Long To File A Report

In the state of Oregon, if you were involved in a car accident where more than $2,500 worth of property was damaged, then you must file an Oregon Traffic Accident And Insurance Report within 72-hours.

Not Seeing A Doctor

Unfortunately, injuries are a very common byproduct of car accidents. If you have been injured you should see a doctor.

While you’re seeing the doctor, a medical report will be created. If you have been injured, and you would like to file a claim, then you can use that medical report to aid in filing the claim. If an insurance company sees that medical report, and sees that your injuries are, in fact, serious, then they are far more likely to give you the compensation that you deserve.

Throwing Away Items That Could Be Potential Evidence

Just as it’s very important for you to document and take photos of the car accident, it’s also important that you keep anything that could be used as evidence for a claim or lawsuit.

Failing To Organize Your Documentation

If you are filing a claim, it is extremely important that you organize all of the documentation you have. Make sure you have all of the basic facts written down and recorded, pictures that are labeled and organized, all of the pertinent insurance information, as well as any records from the doctor, your place of employment, your insurance provider, and the police station.

Without this information being properly organized, it will make the process of filing a claim a lot more challenging. Plus, if you hire an attorney, they will need all of that information organized, so that they can pore through it quickly, and determine the best course of action.

Filing A Claim Without An Attorney

Filing a claim – such as a personal injury claim – without an attorney can be very risky and time-consuming. More often than not, it really doesn’t pay off, due to the complexities and nuances of most car accidents and the intricacies of the legal system.

Instead of filing a claim without an attorney, you should contact a good attorney, who will walk you through the process of organizing all of your documentation, filing the claim, and then taking the claim to court and receiving the compensation that you deserve.

Accepting A Poor Settlement

More often than not, insurance companies attempt to pay as little money as they can get away with. But, you don’t need to accept a poor settlement. Instead, you can work to reach a settlement that is ideal for you.

To do that, it’s best to work with an attorney. Working with an attorney will make it easier to receive the settlement that you deserve, because the attorney will work directly with you and help you navigate the entire process. In fact, on average, individuals who file a claim while working with an attorney receive $60,000 more.

January 29, 2020/by Content

Car Accident, Oregon, Settlement

Oregon Auto Insurance Laws

Oregon is a state famous for its rapidly changing weather. This is not often good news for its drivers. Unpredictable weather conditions can spell white-knuckle drives.

Unfortunately, some Oregon drivers have become so accustomed to precarious driving conditions that they have become complacent about the need to exercise caution. The most common cause of Oregon vehicle accidents, according to Oregon auto insurance data, is drivers moving too quickly for road conditions.

It is vital that, as an Oregon driver, you have sufficient auto insurance coverage. Failure to do so could result in license suspension, hefty fines and/or vehicle confiscation.

Motor Vehicle Insurance in the State of Oregon

It is important that you have a at least the minimum of coverage specified by the state. According to Oregon law, you must carry no less than

Uninsured motorist coverage of $25,000/person and $50,000 per accident.
Personal injury protection of $15,000 a person.
$25,000/person and $50,000 per accident bodily harm Injury coverage.
Property damage coverage of $20,000 per accident.

Personal Injury Claims in Oregon

Personal injury protection insurance in Oregon is a minimum of $15,000. This covers the costs of reasonable and necessary medical, dental, and related expenses as a result of a vehicle accident.

Who is at Fault for an Accident in Oregon?

Oregon Auto Insurance Laws outline that the state is a fault plus personal injury protection jurisdiction. The insurance is kind of a no-fault/fault combination. This will determine whose insurance pays for which claims.

The auto insurance laws in Oregon mostly follow a “fault” system. The driver considered legally at fault for causing the accident by the investigating law enforcement officers is legally responsible for paying for all damages caused by the accident.

It is important to know that the at-fault driver’s insurance is not a bottomless pit. It will pay only up to the amount for which the driver is insured. Oregon sets a minimum coverage. Drivers are encouraged to insure for amounts greater than the minimum. Should damages exceed the driver’s insurance coverage, then the driver who was deemed at-fault in the accident is personally responsible for the balance of the damages.

Now, let’s look at the “no-fault” part of Oregon’s automobile insurance. Drivers must carry a minimum amount of personal injuries. This covers your injuries during the first year after the accident. Oregon insurance law will allow you to bring a lawsuit against the at-fault driver. You can do this before your personal injury limits have been reached.

Does this sound complicated? Let’s look at an example:

A Portland driver was on 205N. Traffic forced this woman to come to an abrupt stop to avoid ramming vehicles in front of her. Unfortunately, the driver following her was not as quick to react. He braked hard and swerved. His car rear-ended hers.

The woman underwent treatment for her injuries but was not making a quick or full recovery.

An MRI revealed that she had herniated disks and needed back surgery. Faced with these costs, the woman contacted an Oregon law firm that specialized in personal injury cases.

The attorneys got her the full amount allowed by the other driver’s filed a claim against her insurance company for the limit on her personal injury. Eventually, she was able to claim expenses totaling $150,000 from the fault and no-fault part of her and their insurance.

Insurance claims can be complicated. In order to ensure you get the compensation you need and deserve, it’s important to make sure you have a good attorney who specializes in personal injury insurance claims.

Not all Personal Injury Cases Go to Trial

If you are concerned that your personal injury case might be held up in the courts for months or even years, you should know that not all cases go to trial. There are three other ways you might receive compensation in an Oregon personal injury accident case.

That’s why it is vital to hire an Oregon personal injury lawyer. He/she will help you understand your options and guide you through the personal injury claims process.

In Oregon, it is common for cases to be settled by negotiation, mediation, or arbitration, thus avoiding the time, labor, and cost of a trial.
Before the arbitration begins, both sides either agree to abide by the arbitrator’s decision or not. In some cases, the arbitration is just a way to get the arbitrator’s view before the trial, to let the lawyers get a sense of how the trial would progress. In most cases, however, the two parties will agree that the arbitrator’s decision is binding.

Why is it wise for all parties to consider other alternatives before going to trial?

Trials take a long time. That means the claimant may wait for months or years for the compensation he/she needs. Not only that, trials are very costly for all parties. Therefore, most cases are settled before a trial is the only alternative.

If a case goes to trial usually personal injury attorneys receive a higher percentage of claims that are awarded. They must be compensated for their increased time spent on the case if it goes to trial.

While there is often a bigger settlement if a case goes to trial, the time and expense thus incurred is often not worth it. There is also the possibility that as a claimant you could lose or receive lower settlement than was offered in negotiations, mediation, or arbitration. This is just another reason it is critical to hire a competent and experienced personal injury claims attorney.

Statute of Limitations for Personal Injury Claims

Personal injury claims have a deadline for submission. This is called a statute of limitations. In the state of Oregon, personal injury claims must be submitted no later than two years from the date the injury was sustained. In the case of a wrongful death suit, this must be submitted no later than three years after the date of the accident.

Damage Caps in Oregon

Damage caps set a limit on the amount of compensation that a victim can receive in a civil court suit from a personal injury claim. Many states have damage caps. Oregon is one of them. Oregon has a $500,000 limit on personal injury claims. This does not include loss of work and other economic damages which may result from a personal injury.

Seek an Oregon Personal Injury Attorney

Before you file a personal injury claim as a result of an automobile accident where you were not at fault, be sure to consult an Oregon attorney who specializes in personal injury claims. If your lawyer feels you have a legitimate claim he/she will file your case with the Oregon court system.

When dealing with personal injury claims it is crucial to have the services of a law firm that specializes in personal injury claims. Your lawyer will work with you to establish fault and what damages can be claimed. When it comes to making sure you get fair treatment in Oregon Auto Insurance Laws, contact Ryan Hilts Law. For a free consultation or to set up an appointment.

September 27, 2019/0 Comments/by Content

Car Accident, Oregon, Personal

Driving Uninsured ORS

There is no reason to risk driving uninsured in this day and age. Getting insurance for your vehicle should be an utmost priority. The consequences of failing to get insurance for your car can be very costly in the long run, especially in states like Oregon.

Oregon is one of the 22 states that electronically monitors vehicles in order to verify their registration and insurance status. Each state has varied penalties for driving uninsured, but Oregon’s penalties are among the highest.

Oregon Car Insurance Law

In accordance with Oregon’s Department of Transportation, all drivers within the state are required to present proof of liability insurance when they register their vehicle. Oregon goes further than just requiring drivers to have insurance, like most states, they require vehicle owners and drivers to maintain certain types and amounts of insurance coverage. Every state insurance standard is different, but Oregon’s are among the strictest.

Oregon State’s Car Insurance Standards:

Oregon law requires these minimums in insurance coverage:

Bodily Injury: $25,000 per person and $50,000 per accident
Property Damage: $20,000 per accident
Personal Injury Protection: $15,000 per person
Uninsured Motorist Coverage Bodily Injury: $25,000 per person and $50,000 per accident

What Instances Require Proof of Insurance in Oregon?

Apart from accidents such as a collision, there are many other times in which Oregon requires drivers to show proof of insurance. Any time you are stopped by police in Oregon you are required to provide your registration and proof of insurance. This would be for any police checkpoint or any other minor infraction you may be pulled for.

Types of items that prove you have insurance can change from person to person, but these are some of the things that you may show in order to prove insurance ownership:

A current insurance ID card
A current insurance binder or policy
A signed letter from your insurance provider or agent, on company letterhead
A certificate of self-insurance from the Oregon Department of Transportation

What Happens if You Fail to Provide Proof of Car Insurance?

Oregon has some severe penalties if you are unable or do not have proof of insurance. The law says failure to provide coverage is equal with a class B driving violation. These violations are the same as if someone had exceeded the speed limit over 21 to 20 mph or fails to obey a traffic signal. The penalties associated with this are hefty fines which can be up to $1000 and even can lead to a suspension in your license. Just like getting a ticket these violations can add up to even bigger fines and longer suspensions in the future.

Fines for Driving Uninsured ORS

The fine for driving uninsured ranges from a massive $1000 to a $130 slap on the wrist. Like most tickets the fine changes based on the situation in which you were caught without coverage. A minor speeding infraction would show a lower penalty than if you were caught without insures after running a red light or caused a traffic accident. These fines are always situational and can vary depending on how many time you have been pulled over as well.

Note: If you are required to go to court, the court may decide to impose heavier fines.

Oregon’s Presumptive Fine Option

In most cases, people take the presumptive fine option in order to resolve the violation. This option shows you have decided to enter a Plea of No Contest meaning you acknowledge you were at fault and will not need to go to court to plead your case. The fine when you take this option requires two things:

You will send a written explanation to the court
Pay a flat fee of $260

Note: In some cases, the court may that the presumptive fine option is not enough, often because of the seriousness of the accident or insurance violation, This may require you to show your presence in the court and pay a higher fine. Going up to $1000.

Suspensions for Driving Uninsured in Oregon

Fines are not the only form of punishment Oregon has for driving without insurance. Like many other states, call B driving violations can lead to suspension of your license, and Oregon is no different. The time of the suspension can vary from situation to situation. The max suspension can be up to a year and can be applied even if you didn’t directly cause the accident.

Depending on the severity of the situation you could be facing a $1000 fine, suspension of your license up to a year, and the impounding of your vehicle.

How to Reinstate Driving Privileges in Oregon After Being Suspended

After you have served your suspension time in Oregon you can start the process of applying for your license again. Before you do anything else your insurance company will need to file an SR-22 which will be proof of you having insurance and be considered evidence that you can provide financial responsibility in the future. The SR-22 has to be maintained for the 3 years without defaulting of any kind. If at any point during these 3 years it defaults your license will be suspended again and you will need to start this process all over again.

With the SR-22 that is filed with your insurance company, you will have to pay a $75 fee to Oregon. This fee is a reinstatement fee and its used to file all the proper paperwork and get you a new license.

If your car was impounded the next step would be to recover your vehicle. The first step will require notice from the police officer that ordered the impoundment of the vehicle. By law, they must send within 48 hours a release notice to both you and the impound lot. This will add additional fines such as a storage fee, for the time your car was heald, and a towing fee, of course, to pay for your car being towed. There also may be some impoundment administration fees. The grand total will be found on that notice sent by the officer.

Monthly Verification

To help prevent drivers from continuing to not having insurance in Oregon, their Department of Transportation has implemented an insurance verification program. This program is for those who have already had a suspension and have filed the SR-22. This monthly verification is part of that 3 year period which you are not allowed to have your insurance lapse. If it does your license will be suspended again.

This monthly verification works by requiring you to submit proof of compliance (a receipt that shows you are paying and maintaining coverage since recovering your car and license).

Note: if you fail to make premium payment quickly, there is a likelihood that your insurance company could end up canceling your policy and SR-22. In the end, your license will end up being re-suspended, until it’s done right.

Conclusion

Although Oregon is restricted on its insurance policies it is not the only state which views drivers insurance as a necessity. Driving uninsured in Oregon can be time-consuming and costly. With all the fines and potential of suspension, one would think it would be easier just to have insurance. It pays to have coverage, and if you follow the insurance coverage Oregon requires, and that was laid out above you can stay on the open road with peace of mind.

June 28, 2019/0 Comments/by Content

Car Accident, Personal

Personal Injury Claim Letter

While there are many types of personal injuries, most personal injuries in the United States are from vehicle accidents .

Injuries from vehicle accidents can lead to lost wages, medical bills, and, in some cases, permanent physical damage.

Who Is At Fault?

In the state of Oregon, if there is an automobile accident and someone was injured, the person who is responsible for causing the accident is liable to pay for any damages if they are at least 51% at-fault for causing the accident.

Very often an insurance company or their insured driver will admit fault in causing an accident. In other cases it is often easy to determine the fault of the other party because they were driving-under-the-influence, or they were speeding, or they failed to stop at a light, etc.

If there is no evidence that the other party violated their legal duty then it becomes more difficult to determine fault. If you can’t prove that the other party is more than 51% responsible for causing the accident, your claim can be lost.

Proving fault is a process that is conducted based on the evidence that is available. In automobile accidents, there are often witnesses, as well as sometimes security camera footage. These two pieces of evidence are exceptionally useful and make the facts of the case much easier for the attorneys to parse.

What Happened?

When writing a personal injury claim letter it is important to convey all of the facts of your injury, how the injury has affected you and how it continues to affect you.

If you missed work and lost out on wages that you would normally receive, you need to provide the proper documentation.

In Oregon, you can also receive compensation for pain and suffering, emotional anguish, and loss of enjoyment. Pain and suffering can be shown through medical documentation that describes the treatment of the symptoms of the injury.

The letter should consist of your description of what took place, the medical documentation, photographs, police report, wage loss documentation, out-of-pocket expenses, medical bills, and any other relevant damages.

What’s Next?

Once you have finished drafting the personal injury claim letter, settlement negotiations will begin once the insurance company has a chance to review the claim and get authority to make an offer.

May 24, 2019/0 Comments/by Content

Car Accident, Oregon, Settlement

Oregon Auto Insurance Claim Laws

Oregon is a “Fault” State

In Oregon the at-fault insurance company will cover pain and suffering, loss of wages, vehicular damage, medical bills, counseling and more.

You Must Report An Accident Within 72 Hours

The first step you must take after being involved in an accident is to report it. You’ll need to notify the Department of Transportation within 72 hours of the accident. This is found in the Oregon Revised Statutes, Section 811.725. At that time, you’ll also provide evidence of insurance and other necessary forms as required.

A Statute of Limitations Applies to Accident Cases

A statute of limitations relating to personal injury in Oregon applies here. If you’re filing a lawsuit relating to personal injury from an accident, you must do it within two years. If you don’t meet this deadline, you’ll lose the ability to sue.

The Insurance Company Does Not Choose Where You Get Your Vehicle Repaired

During negotiations and proceedings with the car insurance company, they may strongly imply that you must get your car repaired at a shop in their network. Please note that this is not true, and while you can work with a preferred shop of theirs if you are so inclined, you ultimately have a say in where your car is repaired.

What Minimum Coverage Policies Mean For You

In Oregon, you must carry minimum coverage of $25,000 per person, $50,000 per claim with your insurance.

This ensures that if you get into an accident, your insurance company will pay out up to $25,000 per person injured in the other car, with a maximum of $50,000 paid out to any occupants for the accident. However, if you’ve ever been in a serious accident you know that $25,000 doesn’t usually cover a car repair or replacement, medical bills and loss of wages.

October 29, 2018/0 Comments/by admin

Car Accident, Settlement

DUI Personal Injury Settlements

Insurance companies know that the courts look very harshly on driving under the influence, which increases the chance that either the driver’s insurance company or lawyers will attempt to settle out of court. Insurance companies will also do their best to whittle this settlement amount down to the lowest figure they can manage to save money. Because of this, it is very important to retain an experienced personal injury attorney to make sure that the settlement figure will adequately cover your tangible and intangible damages.

What to Know About DUI Personal Injury Settlements

What is Included in a Personal Injury Settlement

When you agree to a personal injury settlement, it’s important not to leave any money on the table. Ideally, all your financial losses pertaining to a car accident should be recouped. These include, but are not limited to:

Repair or replace for the cost of your vehicle
Hospital bills and bills for follow-up visits
Therapy and counseling bills in the case of mental or emotional distress
Physical therapy costs
Lost wages from not being able to work

Financial losses from a car accident don’t just apply to the scene of the accident. After all, the damages from a car accident can be felt for months and even years after the incident.

Do Not Settle Right Away

Because the full damages of a car accident can take months or even years to assess and be fully realized, it is important that you do not settle soon after the accident. Most insurance companies will attempt to pressure you into accepting a settlement immediately. This settlement will often include some type of release of liability. The release of liability will prohibit you from pursuing further injury claims after accepting the settlement. The release of liability form is final, which makes it doubly important that a personal injury attorney looks over the settlement agreement before you sign the document.

It’s also important not to settle right away so that you can assess your health and financial setback from the asset in the months after the accident in case long-term injury manifests itself after your initial treatment.

Begin Preparing Yourself As Soon as Possible

Whether you intend to settle with the insurance company or go to court, it’s important to prepare for either outcome as soon as possible. Collecting detailed records of all incidents, injuries, and bills as soon as you are able will help you and your attorney negotiate for an appropriate amount of damages.

September 23, 2018/0 Comments/by admin