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Motor Vehicle Accidents
No matter whose fault the accident was, you are entitled to benefits from your own insurance company for lost wages and medical care and treatment in Oregon.
If You Are Involved In An Automobile Accident First make sure those in need are given proper emergency assistance. If possible and safe, move the vehicles out of traffic. Obey the police and emergency personnel. Exchange information with other drivers. It is extremely important to obtain names, addresses and phone numbers of all witnesses. Notify your insurance company and, within 72 hours of the accident, file a report with the Motor Vehicles Division if the accident resulted in personal injury, death, or property damage in excess of $1,500. Recorded Statements You are required to cooperate with your own insurance company and may have to give a statement to its representatives. However, before you give anyone a statement, be sure you know with whom you are speaking. Sometimes, investigators from the other person's insurance company may try to manipulate your statements about the accident. If you do give a statement, ask for a copy and keep it in your records. If you have already retained a lawyer, do not talk to any insurance company without first consulting your lawyer. Immediate Benefits No matter whose fault the accident was, you are entitled to benefits from your own insurance company for lost wages and medical care and treatment in Oregon. These are called Personal Injury Protection (PIP) benefits, and every automobile policy written in Oregon must have them. There are monetary and time limits for these benefits, but they are rightfully yours. You need to contact your own insurance company to apply for them. Second, you are not required to accept the other insurance company's claim that the accident was your fault. Some insurance companies may tell you this in order to discourage you from asserting a legitimate claim against their driver. If the accident was the other driver's fault--even in part--you may be entitled to compensation from the other driver's insurance company in addition to PIP benefits from your own insurer. In Oregon, even though the accident may have been partially your fault, you are still entitled to compensation from the other driver if your fault was less than his or her fault. If that is the case, all that happens is that your damages are reduced by the percentage of your fault. How Long Can You Wait? Be careful. In most Oregon cases, you have only two years from the date of your accident to file a claim in court. If you wait beyond that time, your rights are lost forever and you will not receive compensation from the other driver's insurance company, no matter how badly you were hurt or how much the other driver was at fault. Some insurance companies stall settlement negotiations until the two-year time limit is almost up, and then make a very low "take it or leave it" offer. If you settle under those circumstances, you are likely not receiving a fair settlement. On the other hand, if you reject that offer and are near the end of the two-year limit, it may be difficult to find a lawyer who can properly file the claim in time. If you think that the insurance company is stalling, it is probably time to consult a lawyer. Your case may be handled on a contingency fee, which will be paid only if we win compensation for you. If you receive no compensation, we receive no fee. Are There Too Many Lawsuits? Absolutely not. Unfortunately, you--and a lot of the American public--are being misled by the insurance industry and media campaigns designed to make you believe the civil justice system in America is evil, and is costing America jobs and its competitive edge in the global economy. Nothing could be further from the truth. Civil cases constitute only about 18% of all cases filed in court. Personal injury lawsuits make up less than 3% of all civil filings, and less than 2% if small claims court cases are excluded. It might surprise you that the total cost of the American civil justice system for one year is less than Americans spend on beer in one year. More importantly, insurance premiums in American are heavily influenced by foreign reinsurance companies who must pay losses for such natural disasters as hurricanes, tornadoes, and large floods. Insurance companies make or lose money on the investments they make in worldwide stock markets with the billions of dollars they have in cash reserves from your premiums. A drop in the interest rate of less than 1% on the investments an insurance company had made would cost that company far more than any number of legitimate civil claims brought by someone like you. Uninsured Drivers Just as with PIP benefits described above, every insurance policy issued in Oregon protects people like you from the uninsured or underinsured driver. You simply make a claim against your own insurer for those benefits. You will be required to prove the other party's fault and the extent of your injuries (sometimes in arbitration, rather than a jury trial), and your recovery will be limited to the benefits in your policy. The minimum benefits in Oregon are currently $25,000 per person and $50,000 per accident. Time limits apply--usually two years from the date of the accident. In certain cases, the time is as short as 72 hours. You should seek legal advice as soon as possible, particularly if the other party is uninsured, was a hit and run driver, or cannot be identified. Robert J. Neuberger
Attorney at Law
700 Jackson Tower
806 SW Broadway
Portland, Oregon 97205
Phone: 503-228-1221
Toll Free: 1-877-631-5126
Fax: 503-228-2556
Email: rjn@robertneuberger.com
Copyright © 2008 by Robert J. Neuberger. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
