Oregon

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Rear End Collision Lawyer: How to Protect Your Injury Claim After a Crash

A rear end collision lawyer is often who people look for when a “simple” crash turns into weeks of pain, missed work, and insurance headaches. Rear-end collisions are common, but the claim process is not always straightforward, especially when injuries are delayed or the insurer tries to minimize your recovery.

If you’re in Central Oregon and want help understanding next steps, working with a personal injury attorney in Bend, Oregon can make a major difference when medical bills and time off work start adding up.

Also Read

TL;DR

Rear-end crashes are often presumed to be the rear driver’s fault, but insurers still fight claims by disputing injuries, causation, and treatment. Protect yourself by calling police, getting medical care quickly, documenting the scene and your symptoms, and avoiding recorded statements or early settlements. Oregon law also imposes strict time limits for injury lawsuits (often two years under ORS 12.110). When injuries are serious, fault is disputed, or you feel pressured by insurance, it is smart to speak with a rear end collision lawyer.

Key Takeaways

  1. Do not assume the insurance company will treat a rear-end crash as “open and shut.” Liability may be argued in multi-car crashes or sudden-stop situations.
  2. Medical documentation is the backbone of the claim. Delayed care is one of the easiest ways for insurers to dispute injuries.
  3. Evidence disappears quickly. Photos, witness info, and video requests should happen immediately.
  4. Be careful with statements and releases. Recorded statements and quick settlements often benefit the insurer, not you.
  5. Deadlines matter. Oregon’s statute of limitations for many injury claims is two years (ORS 12.110). 

Personal injury attorney reviewing claim documents with client after a rear-end accident.1) Why rear-end claims get disputed even when fault seems obvious

Rear-end collisions often involve a driver following too closely or failing to stop in time. Oregon’s rule on following too closely is covered in ORS 811.485.

But insurers still look for ways to reduce payouts. Common disputes include:

Multi-car chain reactions

If three vehicles are involved, insurers may argue about who “started” the chain and how impacts contributed to injury.

Sudden stops

The rear driver is often presumed at fault, but the defense may argue the front driver stopped unreasonably or had non-working brake lights.

Injury and causation arguments

Even if fault is clear, insurers may claim your pain is “preexisting” or not caused by the crash, especially when treatment is delayed.

Liability may be simpler in rear-end crashes, but damages are where most claims are fought.

2) What to do at the scene to protect your injury claim

Your choices in the first 30 minutes matter.

Call 911 and request a police report

A report creates a neutral record. If police do not respond, document that you tried, then file the appropriate report if required.

Photograph everything

Capture:

  • Both vehicles (wide and close-up)
  • License plates
  • Road conditions, traffic signs, skid marks
  • Interior damage (headrest position, broken items)
  • Visible injuries if appropriate

Get witness information

Even one independent witness can reduce “your word vs. theirs.”

Avoid discussing fault

Keep it factual. Do not apologize. Do not speculate about speed or braking.

Strong evidence prevents the other side from rewriting the story later.

3) Get medical care quickly, even if symptoms feel minor

Rear-end crashes often cause:

  • Neck and back strain (including whiplash-type injuries)
  • Concussions
  • Shoulder and knee injuries from bracing
  • Aggravation of prior conditions

Delayed symptoms are common. The problem is that insurers use delays to argue the injury was not serious or not related.

What helps your claim

  • Same-day or next-day evaluation if you have symptoms
  • Following through on treatment recommendations
  • Consistent symptom reporting
  • A simple journal of pain levels, sleep issues, headaches, and activity limits

If it is not documented, the insurer will treat it like it did not happen.

4) Oregon reporting requirements that people miss

Even when police respond, Oregon can require a separate DMV crash report in certain situations. The DMV’s Traffic Crash and Insurance Report guidance and forms are here.

If you are unsure whether your crash qualifies, it is safer to review DMV instructions or get legal guidance early. Missing reporting requirements can create avoidable problems.

A rear-end injury claim can be weakened by paperwork issues that have nothing to do with fault.

5) Rear end collision lawyer guidance on dealing with insurance

Insurance adjusters may seem friendly, but their job is to limit payouts. These are the biggest traps:

Recorded statements

You may have to cooperate with your own insurer, but you should be cautious about detailed recorded statements, especially when injuries are still developing.

Broad medical releases

Insurers often request authorizations that allow them to dig through years of medical history. That can lead to “preexisting condition” arguments even when you were fine before the crash.

Quick settlements

A fast check is tempting when bills are piling up. But settling too early can leave you paying for future care out of pocket.

If you are being pressured, a car accident attorney like Ryan Hilts can step in, handle insurer communication, and help evaluate whether an offer matches the real value of your case.

Most claim damage happens in conversations and paperwork, not in the crash itself.

Infographic showing five signs you should call a rear end collision lawyer after a car accident.Here are five situations where people often benefit from legal help:

  • You have ongoing pain after a few days. Neck, back, and head symptoms often worsen with time.
  • You missed work or cannot do your normal job. Wage loss adds complexity and value to the claim.
  • The insurer says your treatment is “too much” or “not necessary.” That is a common tactic to reduce payouts.
  • Fault is being questioned. Multi-car crashes and sudden-stop allegations can shift liability.
  • You are close to deadlines. Oregon injury claims often must be filed within two years.

If any of these apply, getting advice early can prevent mistakes that cannot be undone.

7) Deadlines and timing: don’t wait until the last minute

Even if you are hoping the insurer will “do the right thing,” you should protect your timeline. Oregon’s general limitations period for many injury claims is two years. Waiting creates two problems:

  1. Evidence disappears (video overwrites, witnesses move).
  2. You lose leverage if deadlines are approaching and the insurer knows you are under pressure.

Good cases can be weakened by delay. Strong cases can become great cases with early documentation.

Ryan Hilts trusted Oregon auto accident attorney offering free consultation.Conclusion

Rear-end collisions are common, but injury claims can turn into a fight over medical proof, causation, and value. If you protect the claim early by getting medical care, documenting the crash, and being careful with insurance communication, you put yourself in the best position for a fair outcome.

If you want help from a personal injury attorney in Bend, Oregon, you can also start a conversation with Ryan Hilts today.

FAQ

Who is usually at fault in a rear-end crash?

Often the rear driver, especially when following too closely. Oregon’s following-too-closely rule is in ORS 811.485. But fault can be disputed in chain-reaction crashes or unusual stop situations.

Should I see a doctor if I feel “okay” after a rear-end collision?

If you have any symptoms, yes. Delayed pain is common and early documentation protects your health and your claim.

Do I have to report the crash to Oregon DMV?

Sometimes, yes. The Oregon DMV provides the Traffic Accident and Insurance Report form and instructions.

How long do I have to file an injury lawsuit in Oregon?

Many injury claims are subject to a two-year statute of limitations under ORS 12.110.

When should I talk to a rear end collision lawyer?

If injuries are more than minor, the insurer disputes treatment or fault, or you feel pressured to settle quickly, a rear end collision lawyer can help protect your recovery and handle the claim process.

About the Author

Ryan Hilts represents injured Oregonians in car accident claims, including rear-end collision cases where medical bills and insurance pressure escalate quickly. Ryan is a member of the Oregon State Bar, the Washington State Bar, and the Oregon Trial Lawyers Association. He has been named a “Super Lawyer” by Super Lawyers Magazine for the past four years. Before he turned 40 he was named as a “Rising Star” for six years in a row. In his early years as attorney, Ryan was also listed as one of Oregon’s Outstanding Young Lawyers by Portland Monthly Magazine.

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Underinsured Motorist Lawyer: When the Other Driver’s Coverage Isn’t Enough

Underinsured motorist lawyer is the phrase many people search after they hear the words: “The other driver only has minimum limits.” It’s a punch to the gut. You’re dealing with injuries, missed work, and medical bills, and now you’re being told the coverage may not come close to covering the harm.

In Oregon, underinsured motorist (UIM) coverage is designed for exactly this scenario. If you’re trying to understand your options, an Oregon car accident practice area overview from Ryan Hilts can help frame how these claims typically unfold and what usually happens next.

TL;DR

When the other driver’s liability limits are too low, your own underinsured motorist (UIM) coverage may step in. Oregon’s UIM framework is tied to uninsured motorist coverage rules under ORS 742.502. The most important moves are: get medical care, document damages, confirm the at-fault driver’s limits, notify your insurer, avoid quick settlements, and get legal guidance if the insurer disputes fault or value. ORS 12.110 generally provides a two-year deadline for injury claims, so timing matters. 

Also Read

Key Takeaways

  1. “Underinsured” means “not enough,” not “none.” UIM applies when the other driver has insurance, but the limits won’t cover your damages. 
  2. Your insurer becomes the opposing party in a UIM claim. Even though it’s your policy, the carrier still evaluates (and often challenges) fault and damages.
  3. Confirm limits early and preserve evidence fast. The value of a UIM claim depends on proof: medical records, wage loss documentation, and future care needs.
  4. Watch for settlement traps. Settling with the at-fault driver too early (or without proper steps) can jeopardize your ability to pursue UIM.
  5. Deadlines are real. ORS 12.110 generally gives two years to file suit for injury claims in Oregon. 

1) What “underinsured” means in Oregon

A driver is “underinsured” when their liability coverage is real, but insufficient. That can happen fast. A single ambulance ride, ER visit, imaging, follow-ups, and missed work can exceed minimum limits.

Oregon’s statutory framework recognizes underinsurance coverage in ORS 742.502 and ties it to the uninsured motorist structure. In plain language: UIM is meant to help close the gap between what you’re legally entitled to recover and what the at-fault driver can actually pay through their policy.

If the other driver’s insurance is “real but low,” a UIM path may exist, but how you handle the claim steps matters.

Personal injury lawyer working on an underinsured motorist case with scales of justice and laptop in office.2) The most common situations where UIM comes into play

Here are the scenarios where an underinsured motorist lawyer is often helpful:

  • High medical bills from a “moderate” crash (concussions, disc injuries, fractures).
  • Multiple injured people in one collision. One policy limit gets split across multiple claims.
  • Commercial vehicle complications (work trucks, delivery drivers, rideshare overlaps).
  • Disputed fault. Your insurer may argue you were partially at fault to reduce what it pays.

If the crash is serious or messy, UIM claims tend to turn into evidence-and-negotiation battles.

3) What to do immediately when you learn the other driver’s limits aren’t enough

Once the at-fault driver’s adjuster signals “policy limits,” your next moves should be deliberate.

Step-by-step checklist

  • Get all treatment documented. Follow up, comply with referrals, and keep a symptom timeline.
  • Request written confirmation of the at-fault driver’s limits. This becomes a key foundation document.
  • Collect wage-loss proof. Pay stubs, employer letters, missed hours, and disability documentation.
  • Track out-of-pocket costs. Travel to treatment, prescriptions, medical equipment, home assistance.
  • Notify your own insurer about a potential UIM claim. Don’t wait until you “wrap up” the liability case.

UIM claims aren’t just about the crash, they’re about proving the full financial and human impact.

4) How underinsured motorist claims actually work

Many people assume, “It’s my insurance, so they’ll take care of me.” In practice, a UIM claim often feels like a second case layered on top of the first.

Your carrier may:

  • dispute whether the other driver was fully at fault,
  • argue your treatment was excessive,
  • question whether certain conditions were preexisting,
  • downplay future care needs or time off work.

Oregon’s statute (ORS 742.502) sets the baseline concept of underinsurance coverage and its relationship to UM rules, but the real-world outcome turns on documentation and negotiation. 

UIM claims can be adversarial, even though you’re dealing with your own policy.

Infographic showing 7 signs you should talk to an underinsured motorist lawyer in Oregon.5) 7 signs you should talk to an underinsured motorist lawyer

If any of these sound familiar, it’s usually time to get help.

  • You’re being told “policy limits,” but your medical bills are still growing.
  • You missed work (or can’t return to the same job).
  • You’re hearing “preexisting condition” from an adjuster.
  • You’re being asked for a recorded statement or broad medical authorizations.
  • There’s any dispute about fault, speed, or “comparative negligence.”
  • The insurer is pushing you to settle before you’re medically stable.
  • You’re close to Oregon’s deadline window. ORS 12.110 generally provides two years for injury claims. 

When the stakes are high, getting legal guidance early can prevent irreversible mistakes.

6) Don’t accidentally harm your UIM claim

Two common issues come up again and again:

Settling too early

A fast settlement can feel like relief, but if you settle before understanding future care needs, you may be stuck paying the difference.

Not coordinating the liability settlement with the UIM process

UIM claims often require careful sequencing. If you’re unsure what approvals or notices are required before settling the liability portion, getting legal advice is the safest move.

The order of operations matters in UIM cases.

Professional auto accident attorney offering legal help for victims when the other driver is uninsured in Oregon.Conclusion

When the other driver’s insurance isn’t enough, the situation can feel unfair: because it is. Oregon’s underinsured motorist rules exist to help close that gap, but UIM claims can become complex quickly, especially when the insurer disputes fault, medical necessity, or future damages. ORS 742.502 is the core statute describing underinsurance coverage in Oregon. 

If you’re weighing next steps, the about page explains Ryan Hilt’s approach to injury cases and what clients can expect. And if you want to talk through your situation, reach out to discuss a potential underinsured motorist claim.

FAQ

What is underinsured motorist coverage in Oregon?

Underinsured motorist coverage helps pay damages when the at-fault driver has insurance but not enough to cover what you’re legally entitled to recover. Oregon’s statutory framework for underinsurance coverage is addressed in ORS 742.502. 

Is underinsured motorist coverage the same as uninsured motorist coverage?

No. UM applies when the at-fault driver has no insurance; UIM applies when they have insurance but low limits. Oregon resources commonly explain the distinction in practical terms. 

How long do I have to pursue a claim in Oregon?

For many personal injury claims in Oregon, ORS 12.110 states the action must be commenced within two years. 

Can my own insurance company fight my UIM claim?

Yes. In a UIM claim, your insurer may still dispute fault or damages. That’s one reason many people consult an underinsured motorist lawyer when injuries are serious.

What should I do first if I suspect the other driver’s coverage won’t be enough?

Start by confirming policy limits in writing, documenting your medical care and wage loss, and notifying your insurer early that a UIM claim may be needed.

About the Author

Ryan Hilts represents injured people across Oregon in serious auto collision matters, including cases where the at-fault driver’s policy limits aren’t enough. Ryan is a member of the Oregon State Bar, the Washington State Bar, and the Oregon Trial Lawyers Association. He has been named a “Super Lawyer” by Super Lawyers Magazine for the past four years. Before he turned 40 he was named as a “Rising Star” for six years in a row. In his early years as attorney, Ryan was also listed as one of Oregon’s Outstanding Young Lawyers by Portland Monthly Magazine.

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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.

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Car Accident with No Insurance in Oregon

If you have suffered an injury in a car accident with no insurance in the state of Oregon, 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 is an Oregon car accident attorney who 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.

Read more about Oregon No Fault State.

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.

 

car accident with no insurance

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

Tags: no insurance, oregon auto insurance laws
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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.

getting in a car accident in Oregon, an at-fault state

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.

car accident Oregon

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.

 

car accident Oregon

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.

 

Tags: oregon auto insurance laws
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Oregon Dog Bite Law

Dog bites happen all of the time. If you have been bitten by a dog and aren’t sure what to do next, then you must understand the laws and regulations that Oregon has for dog bites. By understanding these laws and regulations, you will be able to push your case forward and receive the compensation that you deserve.

If you are being sued for a dog bite that you weren’t responsible for, then learning about the laws and legalities that you can use is the next step you must take. That way, you won’t be forced to pay for damages that you were not, in any way, responsible for.

Fierce german shepard dog showing teeth and barking

What Should You Do After Being Bitten By A Dog?

If you have been bitten by a dog, then you are able to file a claim within Oregon’s civil court system. By filing this claim, you will then be eligible to receive compensation, due to the dog bite and the effects that this dog bite has had on your life. But, for you to receive this compensation, you must file the claim properly.

Every state, within the United States, has a statute of limitations for personal injury claims. In the state of Oregon, that statute of limitations is two-years. Because of this statute of limitations, you must file a claim within two years of having been bitten by the dog. If you file it later then that, you won’t be able to receive any compensation.

The process of filing a personal injury claim is a little tricky. Above all else, you must organize the facts of your case. Make sure to record where you were bitten, the time that you were bitten, what the dog looked like, who the owner was, the injury you sustained; along with any other pertinent information. By organizing the facts of your case, you will have so much more to work with when you take your claim to court. But, if you don’t organize these facts, then it’s likely that pushing your case forward will be more of a challenge.

aggressive small dog

Once you have the facts of your case organized, it’s time to find an experienced legal attorney, who will then be able to file the claim and begin the lawsuit. While you can push your case forward without an experienced attorney, doing so isn’t recommended, due to the complexities of personal injury cases. By hiring an experienced legal attorney, and giving them the organized facts of your case, you will be working with someone who understands the law and knows how to help get you the compensation that you deserve.

The Oregon statute of limitations, for personal injury claims, including dog bites, is two-years.

  • Make sure to file a personal injury claim for the dog bite you sustained before that two-year period is over
  • Take the time to organize all of the pertinent facts of your case
  • State all facts such as the injury you sustained, where it happened, what time of day, the dog’s owner; and anything else that is relevant
  • To push your lawsuit forward, find and hire an experienced legal attorney that knows all about the law and can get you the results that you seek
  • Give your legal attorney the facts of your case so that they can file the claim and begin the lawsuit, allowing you to receive the compensation that you deserve

How Can You Receive Compensation From A Dog Bite Personal Injury Claim?

While filing a claim and finding an experienced legal attorney are both relatively easy tasks, receiving compensation from a dog bite personal injury claim is a little more challenging. By being aware of the laws surrounding dog bites and liability, you will have a much easier time working with your attorney and setting up a case that allows you to receive the compensation you deserve.

The state of Oregon relies on something known as a “one bite rule”. A one-bite rule is a rule that, essentially, gives a dog “one free bite”, before the owner can be held liable for the injuries that the dog caused.

If, for example, a dog is being walked along the street by its owner, and a man attempts to pet the dog and is bitten, then the owner of that dog won’t be held liable for that bite. But, after that, the owner is aware of their dog’s propensity to bite people and can be held liable for future bitings.

There are two factors, though, that will make the owner liable for the dog bite that you sustained, even if the dog has never bitten anyone before.

If the owner was aware of – or should’ve been aware of – the dog’s dangerous behaviors – behaviors such as menacing other people while not on the owner’s property and injuring/killing domestic animals, to name just two examples – then the owner can be held liable.

If the owner was negligent in using reasonable care to prevent the dog from biting people – not putting the dog on a leash or leaving the door open, to name two examples – then the owner can also be held liable.

While proving either one of those things can be difficult, there are a couple of things you can do that should make it easier. Taking the time to ask the neighbors who live near the dog about the dog’s behavior is a good way to ascertain the overall behavior of the dog. If the dog wasn’t kept on a leash, which led to the bite, or the doors weren’t shut, you can ask about that, too. Mail carriers, in particular, know a lot about the neighborhood dogs, so they’re great sources of information.

Being able to prove any one of those three things will make your case significantly more likely to succeed. That way, you can then receive compensation for the damages that you sustained due to the dog bite – damages such as medical expenses, pain and suffering, and lost wages; among various others.

The state of Oregon uses a “one-bite rule”

  • If a dog has never bitten anyone before and it bites you, then the owner can’t be held liable
  • If the dog has bitten before, though, then the owner can be held liable and you can receive compensation.
  • If the owner was aware of – or should’ve been aware of – the dog’s dangerous behaviors, then the owner can be held liable.
  • If the owner wasn’t taking any measures to prevent their dog from hurting other people – putting their dog on a leash, for example – then they can be held liable.
  • Asking the neighbors and mail carriers for that area about the dog can be held to prove either one of those things.
  • By being able to prove those things, you can receive compensation for the damages that came as a result of the dog bite.

Oregon dog bite law

What Legal Defenses Can You Use If You Are Being Held Liable For A Dog Bite?

If you are being held liable for a dog bite, there are three key legal defenses that you can, and should, rely on. These three legal defenses are as follows: proving that your dog was provoked, making use of the “one bite rule”, and showing the court that you were using reasonable care, rather than being negligent.

In the state of Oregon, the only exception to the dog bite laws and regulations is a provocation. If your dog was provoked – perhaps, someone was tormenting the dog or stepped on their paw – then they won’t be able to receive any compensation, since it was their own actions that lead to the dog bite.

With that being said, though, if the dog is known to be overly aggressive towards minor provocations – especially unintentional provocations – then it’s likely that you will be held liable.

As mentioned earlier, Oregon uses something known as a “one bite rule.” So, if you are walking your dog, using reasonable care to prevent your dog from harming anyone, and someone tries to pet your dog only to be bitten, then you can’t be held liable for that dog bite. But, that’s only if your dog has never bitten anyone, nor shown signs of violent and aggressive behavior.

Every dog owner in Oregon must take the precautions necessary to keep their dog from attacking anyone. If you are walking your dog without a leash or leaving the door in your backyard completely open, and your dog attacks someone due to not having those restrictions, then you can be held liable for negligence.

If the claim against you is that of negligence, then you can prove to the court that you weren’t, in fact, negligent. To do this, you need to organize all of the information that you have, regarding the facts of your case and the situation at hand. If the claim against you states that you weren’t keeping your dog on a leash, even though you were, make sure to write that down. If anyone saw you, at the same time, make sure to get a testimonial from them about how your dog was, in fact, wearing a leash.

There are three key legal defenses that you can use to get out of being liable for a dog bite:

  1. The first is showing that the dog was provoked – either intentionally or unintentionally – which lead to the dog bite
  2. The second is making use of the “one bite rule” by showing that you weren’t aware that your dog would bite and that your dog has never bitten or attacked anyone before
  3. The third is proving that you weren’t, in fact, negligent and that you were taking the necessary precautions to keep your dog from attacking other people

Hiring an experienced legal attorney who specializes in Oregon dog bite law will make it so much easier to organize, prove, and present these facts to the court.

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Premises Liability Oregon

Thousands of personal injury cases are brought forth every year in the state of Oregon. Many of these personal injury claims are filed due to injuries that took place on another’s property as a result of negligence. They can occur at either a place of business or on a person’s private property. Understanding premises liability Oregon cases can help ensure you get closer to the settlement you deserve. These cases are known as “premises liability cases.” They can include:

Premises liability laws are based on common law and statutory principles of negligence. Under Oregon law, property owners, managers, business operators, and others that are in control of general property have a legal obligation to maintain safe premises. If they don’t and someone is injured due to unsafe conditions, the property owner can be held responsible.

oregon premises liability

What Is Premises Liability?

Most of the personal injury claims filed in the United States are filed due to the negligence of a particular business or individual. Most of these injuries take place on a piece of property that is owned by a business or individual. For these personal injury cases, there is a concept known as “premises liability”, which refers to the unsafe conditions on someone else’s property and the legal obligations of the owner or manager to keep that property safe. If the owner or manager fails to adhere to these guidelines, and someone is injured, a lawsuit can and should be filed.

In the United States, most personal injury claims are filed due to the negligence of a particular business or individual. Many of these personal injury cases take place on a property that is owned by a business or individual who neglected to make the property as safe as possible.

For these personal injury cases, there is a legal concept known as “premises liability”. Premises liability is, essentially, a legal concept that refers to unsafe conditions on someone else’s property and the responsibility of that individual to keep their premises safe. In the United States, every landowner has an obligation to make sure that property is as safe as it can be. But, if that doesn’t take place, then a premises liability lawsuit can be filed, due to the unsafe conditions found on a property and the injuries that they have to lead to.

A wide variety of different personal injury cases can fall under the premises liability label. Slip-and-fall cases, for example, as well as swimming pool accidents, elevator accidents, and even dog bites. Each type of personal injury, within the cases outlined, is caused by an unsafe condition on someone else’s property that should’ve been dealt with.

Even if you, or someone that you know, was injured on another person’s property, that doesn’t necessarily mean that your premises liability lawsuit will succeed. For a premises liability lawsuit to succeed, it must be shown that the owner knew about the unsafe conditions – or should have known, within reason – and chose to do nothing. But, if that can’t be proven, then the premises lawsuit will, most likely, be unsuccessful.

premises liability injuries

Seek Representation for Premises Liability Oregon Injuries

A premises liability case greatly depends on proving that the property owner was truly negligent and, in turn, responsible for your injuries. Without this proof, your case will not succeed. By hiring a good lawyer, the process of proving your injuries, the negligence that took place, and who was liable for your injuries is much easier.

For a premises liability case to succeed, it must be shown the property owner was truly negligent and, as a result of that, responsible for your injuries. Without this proof, your case will not succeed and you won’t receive the compensation that you desire. But, if you hire a lawyer, the process of proving this negligence is significantly easier, and it’s far more likely that your case will succeed.

On a general level, there are three things that must be proven in a premises liability case. The first of these three things is that you were injured due to unsafe conditions on someone else’s property; the second of these three things is that the property owner was negligent in keeping their property safe, and the third of these three things is that you were actually injured. If you can’t prove just one of those three things – even if you can prove the others – then your case will not succeed.

Let’s say that you were in a slip-and-fall case—slip-and-fall cases are the most common personal injury cases in Oregon—at the gym. For your case to be successful, you must prove that you were injured. By hiring a lawyer, this is easier, since a lawyer will help you take photos, gather medical records, and even witness testimonies. That way, you can prove to the court that you were injured.

Right after that, your lawyer will then help you organize the facts of your case. With regards to the slip-and-fall example, they will help narrow down the details such as the circumstances of the accident and how the accident took place. That way, you and the court will know that the accident took place due to conditions that were unsafe. By hiring a good lawyer, all of this information will be clearly organized and delineated, making it easier for you to present the facts of your case in an objective manner.

For your premises liability case to truly succeed, it must be shown that the property owner was negligent in their duties to keep the gym safe. A good lawyer will be aware of Oregon’s laws and statutes, allowing for negligence to be proven based on the facts of your case and the laws regarding the situation at hand. Then, all of this information will be organized and delineated in a manner that allows for your case to be presented clearly and concisely.

Since all of your case’s facts are well-organized and can be presented eloquently, it’s far more likely that you will win your premises liability case. But, along with that, a good lawyer will help you negotiate a settlement that is fair, based on the facts of the case and factors such as medical bills and lost time at work. Without a lawyer, though, these facts may not be as clear-cut or well-defined, leading to a settlement that is far less than what you deserve.

premises liability oregon

What Are Some Common Mistakes That Are Made Without A Lawyer?

The best thing for you to do when beginning a premises liability case is to hire a lawyer. It’s more likely that mistakes are made without the help of an experienced Oregon injury attorney. By making these mistakes, your case has a much lower chance of succeeding, and it’s unlikely you will receive the settlement that you deserve.

For a premises liability case to be successful, the facts of the case must be well-organized and well-defined. If these facts are not well-organized or well-defined, it is so much more difficult for your case to succeed, due to confusion and uncertainty regarding the facts.

Many of the individuals who fail to hire a lawyer find themselves in that exact position. Due to not fully understanding their case, and how it pertains to Oregon’s laws and statutes, their case is disorganized and they fail to receive the settlement that they deserve.

Personal Injury Case Outcomes

In a personal injury case—not just a premises liability case—it isn’t uncommon for an insurance company or business to pay as little money as they can. Without hiring a lawyer, it’s far more likely that this will happen, and it’s also far more likely that you will accept this settlement. But, by hiring a lawyer, you will be able to know the true value of your premises liability case and the exact settlement that you deserve.

The last problem that must be mentioned is the fact that, in a premises liability case, negligence must be proven. If it isn’t proven, then the case won’t succeed. The people who don’t hire a lawyer can easily find themselves in a situation where they can’t prove that negligence took place or that the circumstances leading to the injury were caused by negligence. This is often due to a lack of understanding regarding Oregon’s laws and statutes, as well as the facts of the case being disorganized.

Regardless of your premises liability case, hiring a lawyer is always the best choice. Your premises liability Oregon case has a much higher chance of success with representation from a reputable injury attorney.

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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.

car accident avoid these mistakes

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. 

8 Mistakes to Avoid After a Car Accident

 

Avoid These 8 Mistakes After an Accident

  1. Failing To Document The Car Accident
  2. Driving Away
  3. Waiting Too Long To File A Report
  4. Not Seeing A Doctor
  5. Throwing Away Items That Could Be Potential Evidence
  6. Failing To Organize Your Documentation
  7. Filing A Claim Without An Attorney
  8. Accept A Poor Settlement

1. 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:

  1. Take pictures of your vehicle, and any damage that is sustained
  2. Take pictures of the other person’s vehicle, and any damage that their vehicle sustained.
  3. 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.

mistakes to avoid after a car accident

2. 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.

3. 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. 

4. 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.

oregon car accident lawyer

5. 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.

6. 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.

7. 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.

what to do after an accident

8. Accept 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.

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Pedestrian Accidents FAQs

If you have been a victim of an accident or know someone who has, it’s important that you understand your situation and seek legal advice when necessary. There are many reasons individuals who have been involved in a pedestrian accident might seek representation from a personal injury lawyer in Oregon. For one, it’s important that you take steps in holding at-fault parties responsible for the negligence that resulted in a said pedestrian accident.

With the rising popularity of smartphones and larger cars, pedestrian accidents have become all too frequent. Still, many find that navigating the legal system can be complex and even overwhelming. Here are some helpful pedestrian accidents FAQs that may help to point you in the right direction.

getting hit in a crosswalk

What Qualifies As A Pedestrian Accident?

Both drivers and pedestrians have a duty to follow the rules of the road and exercise reasonable care. A pedestrian accident is an accident involving a pedestrian and a motor vehicle, bicycle, or even a horse. For example, if you are hit by a car while on foot, that would certainly qualify as a pedestrian accident. However, qualifying as a pedestrian accident doesn’t necessarily guarantee that a plaintiff (pedestrian) is automatically awarded compensation by the operator of the vehicle (defendant). In fact, during a pedestrian accident, the person on foot must prove that the defendant was at fault for negligence in some way, such as:

  • Speeding
  • Distracted Driving
  • Failing to Yield to Pedestrians at a Crosswalk
  • Disobeying traffic signs or signals
  • Failing to signal while turning
  • Disregard for traffic conditions
  • Driving under the influence

What Are The Most Common Pedestrian Accidents?

The most common pedestrian accidents occur during three events:

  1. A driver is distracted while operating their vehicle
  2. Driving while intoxicated
  3. Pedestrian is walking along a crosswalk before the signal

There are other pedestrian accidents that are known to happen, but those are the three most common accidents. Each one of these has a different outcome, as the person at-fault may change depending on circumstances.

avoiding pedestrian accidents

What Are The Pedestrian Traffic Laws For The State Of Oregon?

As a pedestrian, there are several traffic laws that you must obey. If there is a car approaching the road that you are about to walk across, they have the right-of-way and you need to let them pass. When you are using a crosswalk, you must obey the traffic control signs, and the same goes for any other road signs or signals. If there is an emergency vehicle, it has the right-of-way, and you must let them pass.

When you are walking near a road, you must use the sidewalk/pedestrian path.

What Should You Do Right After You’re Injured In A Pedestrian Accident?

One of the most common pedestrian accidents FAQs is what to do. If you’re injured in an accident, there are important steps you should take if capable. For example, you should follow a step-by-step process to ensure proper documentation:

  • take pictures of the accident
  • document your injuries
  • take pictures of the vehicle that hit you
  • get the license plate of the vehicle.
  • document eyewitnesses

If your injury is serious and you’re unable to take notes on your accident, it’s important to ask for assistance. Police can help aid in your case, or other witnesses that may have seen the accident occur and can testify on your behalf. You’ll want to file a report both with the police and DMV as soon as possible.

pedestrian accidents faqs

If I’m Injured, Should I Wait To Seek Medical Attention?

Do not wait to seek medical attention. You should visit your primary care doctor, urgent care, or hospital as soon as you can and depending on the severity of your injuries. If you’ve been badly injured, you should go to an emergency room.

When it comes to filing an injury claim, it’s important to receive medical documentation of your injuries as soon as possible, since that will make it easier for you to prove in court, and to your insurance company, the sheer extent of your injuries.

If You Are Injured In A Pedestrian Accident How Can You File A Claim?

This is an important pedestrian accident FAQ. Please ensure that you know how and where to file a claim for your injuries. In the state of Oregon, to file an injury claim you must go to your local DMV and file an Oregon Accident and Insurance Report. In this report, you’ll describe the accident that took place and the injuries that you’ve sustained.

When you’ve done that, you need to write down what you remember about the accident, and you also need to gather up any documents that you have. Ideally, these documents will be pictures, so that the insurance companies- and your attorney – understand what happened.

When you’ve done all of those things, you should hire a good attorney who will help you with your case and direct you on what your next steps are.

Why Is It Important To Hire An Attorney For A Pedestrian Accident Case?

Cases involving pedestrian accidents can be difficult due to the myriad of factors that must be considered. Factors such as establishing who was at fault for the accident, whether negligence took place, the damages that have been created, the compensation that you should be receiving, as well as various other factors.

An attorney will guide you on the proper course of action to make the entire process less stressful, while also making it far more likely that you’ll win your case and receive the compensation that you deserve.

getting hit as a pedestrian

What Is The “Statute Of Limitations” For Filing A Personal Injury Claim?

Statute of Limitations is probably the most common and important of pedestrian accidents FAQs. Please take note. In the state of Oregon, you have two-years from the day you were injured to either settle your claim or file a lawsuit. However, it’s best to contact an attorney as soon as you can, rather than waiting until the last minute. There are other time limitations for cases against public bodies and cases involving the defendant drinking at a bar. An attorney will know how to meet all the appropriate deadlines.

What Damages Are You Able To Receive Compensation For In A Pedestrian Accident Lawsuit?

In a pedestrian accident lawsuit, you are able to receive compensation for:

  • medical bills
  • lost wages as a result of the accident
  • compensation for pain and suffering

The compensation that you will receive depends on the claim that you are making, as well as the damages that took place.

Who Is Ryan Hilts?

Ryan Hilts is an experienced and well-regarded attorney who specializes in personal injury law for the state of Oregon. If you, or anyone you know, have been injured in a pedestrian accident, then Ryan Hilts can help you take your claim to court, so that you are able to receive the compensation that you deserve.

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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.

Uninsured? Read Oregon Uninsured Motorist Laws

oregon auto insurance laws

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.

insurance laws in oregon

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.

personal injury protection oregon

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.

oregon insurance claim

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.

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