Car Accident Archives - Page 3 of 4 - Ryan Hilts Attorney at Law

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.

Uninsured? Read Oregon Uninsured Motorist Laws

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 admin

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

Car Accident

Is Oregon a No Fault State for Car Accidents?

In Oregon, the driver that caused the accident is liable for repairs, medical costs, and all other damages that result from the accident. Oregon is an at-fault state.

What Happens if I Get in a Car Accident in Oregon?

If you have been in an accident caused by someone else’s fault, it is important not to settle before speaking to an attorney. Once you sign a settlement you cannot make more claims against the at-fault insurance company, even if you find more costs mounting. If you ultimately realize your injuries are more severe or permanent, or that you need surgery or even extensive physical therapy, if you settled your case you cannot collect any more compensation for your injuries and bills.

Oregon Law states that you must notify the Department of Transportation within 72 hours of the accident. This is regardless of whether you caused it or not. You’ll then provide insurance and other necessary documents.

If you were just an accident in the state of Oregon, don’t wait. Contact an Oregon car accident attorney immediately – Ryan Hilts, Attorney At Law.

Also Read:

Retain a Personal Injury Attorney to Help You Navigate

There are several reasons that an insurance payout from the at-fault driver’s company may not be enough. Oftentimes your losses are more than the maximum amount the insurance policy can pay out. In addition, the insurance company may be attempting to settle for an amount that is too low. A personal injury attorney can help you locate additional insurance policies and can negotiate a full settlement.

Suing the other driver and/ or their insurance company is very time sensitive. You must file a lawsuit relating to your accident or personal injury within two years of the date of the accident. If you wait to file beyond the two years you will no longer be able to bring a lawsuit.

Collect Documentation Early and Often

In the aftermath of a car accident in Oregon, one of the most crucial steps you can take is to begin collecting documentation related to the incident as soon as possible. This proactive approach ensures that you have a comprehensive and detailed record of the event, which can be invaluable during the claims process or if legal action becomes necessary. Here are key types of documentation to focus on:

Police Report: Always call the police to the scene of the accident, no matter how minor. The police report serves as an official record of the incident and includes details about the parties involved, witness statements, and the officer’s assessment of the scene.
Photographic Evidence: Take photos of the accident scene from multiple angles, ensuring you capture the damage to all vehicles involved, any visible injuries, road conditions, traffic signs, and any other relevant details that can paint a clear picture of the incident.
Medical Records: If you or any passengers receive medical attention, keep a record of all visits, treatments, diagnoses, and prescriptions. These documents are critical for demonstrating the extent of the injuries sustained and the costs associated with medical care.
Witness Statements: Gather contact information from witnesses at the scene. Their accounts can provide valuable third-party perspectives on the accident, which can be particularly useful in disputed cases.
Communication Records: Keep a detailed log of all communications with insurance companies, healthcare providers, and any other parties involved in the aftermath of the accident. This includes emails, letters, and notes from phone conversations.
Expense Receipts: Document all expenses related to the accident, including medical bills, repair costs for your vehicle, rental car expenses, and any other costs incurred due to the accident.
Income Loss Documentation: If you miss work due to injuries sustained in the accident, keep a record of lost wages. This includes pay stubs, letters from your employer, and any other documentation that can verify the impact on your income.

Collecting and organizing these documents early and often creates a strong foundation for your case, whether for insurance claims or potential legal proceedings. It not only helps to establish the facts of the incident but also quantifies the financial impact it has had on your life. As you navigate through the recovery and claims process, this documentation will be indispensable in supporting your position and ensuring you receive the compensation you deserve.

November 18, 2018/0 Comments/by admin

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.

Uninsured? Read Oregon Uninsured Motorist Laws

October 29, 2018/0 Comments/by admin

Car Accident, Drunk Driver, 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

Car Accident, Drunk Driver

Drunk Driver Totaled My Car

An accident involving a drunk driver that leaves your car totaled is devastating. Not only are your health and wellness affected by the accident, but your livelihood as well. We depend on our vehicles to get to important places like school and our job. Because of this, being faced with the cost and time of replacing your vehicle can seem overwhelming. Thankfully, you have legal options on your side to deal with your car being totaled if you were hit by a drunk driver. It’s important to consult with a personal injury attorney before beginning the process, to ensure you receive the damages that you are entitled to.

What to Do If You’ve Been Hit By a Drunk Driver

If you’ve been in a car accident and you suspect the other driver is drunk, call 911 immediately. You’ll want to call emergency services anyway if you have or think you have been injured. However, the police will also arrive, and be able to assess and administer tests to prove whether the other driver was intoxicated.

It is important to get police on the scene, as their report will be valuable documentation for your claim. A police report of the suspected level of intoxication and subsequent arrest will help you pursue the damages you deserve.

Collect All the Details

Finally, be sure to obtain the insurance information of the other driver. If you’re unable to at the scene, the police documentation will contain this information.

Get Legal Help

If you were injured in the accident, get a personal injury lawyer. Do not sign anything from the insurance company or take any settlements before talking it over with a personal injury attorney.

Make Contact with Insurance

If the other drivers’ insurance company is difficult for you to reach, it’s possible for your insurance company to step in. In many cases, they will pay out the cost of replacing your vehicle, and sue the other insurance company to get their money back.

Keep meticulous records of anything relating to the accident that you could be awarded damages for. This includes hospital bills, specialist visits, the value of your vehicle, and the cost of rentals where applicable. If your vehicle was paid for under a lien, make sure to get documentation of the original loan amount and the amount still owed on the vehicle at the time of the accident.

Keep in mind that insurance companies are not personally invested in your injuries or inconvenience. They want to pay the least amount that they can get away with on the claim. This is why it is important to have all documentation and offers looked over by a personal injury attorney.

If the Drunk Driver is Not Insured

If the drunk driver you were struck by is not insured or is underinsured, you most likely will need to establish an Uninsured Motorist or Underinsured Motorist Claim to get the damages you need for pain and suffering, medical expenses, lost wages, etc. Review your auto insurance coverage as soon as possible to determine your Uninsured Motorist Coverage or Underinsured Motorist Coverage. This determines whether your insurance company will shoulder some or all of the cost of your expenses and if you’ll need to go to court to collect further damages.

August 27, 2018/0 Comments/by admin

Car Accident, Drunk Driver, News, Settlement

Pain and Suffering Hit By Drunk Driver

Oregon Auto Accidents

Auto accidents can happen to anyone. Following the rules, being prepared, and using caution can help prevent accidents, but sometimes there’s nothing that can be done to stop them.

Also, they can happen at any time. In 2015, the most common time was on Fridays between 5:00 and 6:00 PM. However, many accidents were at all other hours of the day and night.

If you’ve been involved in a car accident, it’s usually a wise choice to seek legal assistance.

Driving in Oregon

Oregon is a beautiful state with a wonderful road system. There are more than 8,000 miles of state highways, and over 700 miles of the Interstate Highway System. When you combine this with all of the smaller city and country roads, it’s clear that you can easily get around the state while traveling in a vehicle. The only downside is that many people drive often, so statistically there will be many accidents.

Accident Statistics in Oregon

In Oregon in 2015 there were:.

28,647 non-fatal car accidents
410 car accidents with fatalities
41, 675 car accidents with injuries

Car accidents might include one driver who only injured himself when going off the road, or can be a 50-car pileup, such as this recent accident caused by the slippery roads in the freezing rain.

Accidents Don’t Just Include Those Inside of Cars

Car accidents can include pedestrians, cyclists, and anyone else on or near streets.

Main Pedestrian Mistakes

Pedestrians are often seriously injured when hit by a car, but it’s not always the fault of the driver. There are of course cases where drivers break the rules and injure or kill a walker, but pedestrians themselves can be at fault because for failure to use a crosswalk, not paying attention to traffic signals, and many other situations.

Common Causes Made by Cyclists

As with pedestrians, cyclists can be victims of auto accidents. Cyclists are also required follow traffic signals and stop signs, and they should also ride in the direction of traffic while on the shoulder of the road.

Know What to do Immediately After an Accident

If you’re involved in an auto accident, there are many things you should specifically do. The most important is to get out of the way of any more danger, and check on the health of everyone involved. Next, you should alert the authorities, and make it clear if anyone desperately requires medical attention.

Before leaving the scene, file a report with the police to help determine who is at fault. Also, you need to get contact and insurance information from anyone else involved.

Get Legal Help After an Accident

No matter who was at fault or what happened, it’s a good idea to get the assistance of a legal expert after an auto accident. They can help prevent others from taking advantage of you, and they can fight to get you any compensation that you deserve.

Also, even if you think the accident was your fault, you shouldn’t say this at the time. A legal expert may be able to prove otherwise, but this is much more difficult if you’ve already said the opposite.

Here to Help

If you or someone you care about has been involved in a car accident, I encourage you to reach out to Ryan Hilts Attorney At Law. As a personal injury and car accident attorney, we can help you get your life back on track with as little difficulty as possible.

April 28, 2017/0 Comments/by admin

Car Accident, Oregon, Uncategorized

What to do if you get into a car accident in Oregon?

Being involved in a car accident is something that we all hope to avoid, but it can, unfortunately, happen to anyone. To be on the safe side, it’s best to be prepared in case you find yourself in such a bad situation.

Do you know what to do if you get into a car accident in Oregon? Follow these pieces of advice, and you’ll be much better off.

Remain Calm

The first thing you should always do, no matter how serious the accident is, is to not panic. You or the people you care about could be injured, and you’ll need to be thinking clearly to help. Even without injuries, minor mistakes can cost a lot of money or legal trouble down the road.

Don’t Leave

This one is fairly obvious, but driving away from an accident is one of the worst things you can do. No matter how severe the accident or who’s to blame, you have to stop and assess the damage with anyone else involved. You can get into serious trouble if you don’t follow the appropriate procedures.

Find Out if Anyone is Injured

Checking on the health of everyone is the first action you should take after a car accident. If anyone is injured, getting them medical attention is the top priority.

Move Out of Traffic (In Non-Serious Accidents)

In very serious accidents, or those in non-crowded areas, you may not have much choice but to leave your cars where they are. But, if you have a minor accident on a busy road, it’s usually best to move your vehicles to a safe area. If possible, take pictures before moving, but don’t risk your safety by remaining somewhere where other cars may hit you.

Place Warnings Signs

To help keep yourself safe, you should set up flares, traffic cones, traffic triangles, or any other noticeable objects on the road behind where your cars are.

You should plan ahead for this. You can buy these at any automotive shop, and you should keep a selection inside your car to be prepared. At the same time, it’s wise to keep a first aid kid and some emergency clothes in case of inclement weather.

Inform the Police

You’re required by law to inform the police about any accident you have. Also, it doesn’t matter who you believe is at fault, you should tell them everything with complete accuracy. They’re likely to find out the facts eventually, so any lies you tell could come back to haunt you.

It’s also a good idea to record the names and badge numbers of any police officers that are at the scene of the accident. This can sometimes be helpful later on if there are any problems.

Call a Lawyer

If you’ve been injured or sustained serious damage to your car, you should absolutely call a lawyer immediately. There are certain actions that need to be taken, and many of them need to be done as soon as possible.

Even if it seems relatively minor, it’s a really good idea to consult with a lawyer to make sure you aren’t missing anything. A legal expert will be able to tell you if you are eligible for any benefits, and they’ll be able to prepare for any trouble you might face.

Exchange Insurance Information

Even if the police record the insurance information of the other people involved in the accident, make sure you get it, too. Insurance companies are notorious for trying to get out of paying, and you need to be able to tell them exactly who the other drivers were.

Also, make sure that all the documents match. If the registration or insurance of the car doesn’t match the name of the driver, record all of the different names and contact information.

Take Photos

Don’t ever rely on others (including the police) to send you photos after the accident. If you need to prove the truth about what happened, it’s best to take them yourself.

Don’t Admit to Anything

As already mentioned, you should be completely honest with the police. But, that doesn’t mean you have to admit to being at fault for anything. It’s natural to want to apologize in a traumatic situation, but there are many cases where you may think you’re the one who caused the accident, and the law doesn’t. Tell what happened, but don’t ever say you were responsible for the crash.

Look for Witnesses

Witnesses can be incredibly valuable after a car accident. They are normally unbiased, and they had a different view than anyone involved in the wreck. Record the names and contact details of anyone who saw what happened.

Talk to Your Doctor

If you have any pain or injuries, immediately seek medical attention. But, you may have suffered some form of injury even if you don’t feel it. Many issues take time before you’ll notice the symptoms, so it’s best to go get checked by a doctor as soon as possible after the accident.

This is extraordinarily important because as time goes on, it’s much harder to prove that the accident caused your health problems.

Don’t Be in a Hurry to Leave

It can be tempting to want to get away as soon as you can, but be patient to make sure you do everything necessary before leaving the scene of the accident.

You Don’t Have to Go Through This Alone

No matter how severe, car accidents are traumatic experiences. The good news is that with a quality lawyer, you have a caring expert by your side through the whole process. I’ve helped a ton of people through situations they hoped never to be in, and I understand how hard it is. But, please know that the sooner you contact me, the better legal assistance I can offer you.

Drive safely!

October 18, 2016/0 Comments/by admin

Car Accident

Auto Accidents on Highway 99 near Sherwood Oregon

If you or someone you love has been injured in an auto accident on or near Highway 99 please do not hesitate to contact Ryan Hilts now!

Ryan Hilts and his staff have successfully handled hundreds of auto accident cases and are dedicated to helping you achieve the best possible outcome for your specific case.

Insurance companies try to settle cases as quickly as possible and for as little as possible. While it may seem a bit unethical, the business of insurance is to collect more in premiums than to pay out in claims.

Ryan is a top auto accident attorney in all of Oregon and is known by the insurance companies to take a case to trial if that is in your best interest. Knowing this, the companies are much more likely to offer a fair settlement to put the case behind them.

There are over 12 million auto accidents a year in the U.S alone (over 3000 per day) involving over 20 million vehicles. Five million of those accidents result in some sort of injury.

The U.S. Department of Transportation estimates the typical driver will experience 1 or 2 near accident misses each month. Even the very best drivers are sometimes at the mercy of inexperienced or distracted drivers.

If you do find yourself in the unfortunate position of being injured in an auto accident, contact Ryan Hilts for a free consultation.

December 15, 2014/by admin