You came to our site because you are looking for the information and correct answers. You need to know how to proceed after a car accident or a dog bite, how to answer questions if insurance company calls, what forms not to sign, what are your damages and how much your case is worth? We have been providing answers to injured Oregonians for over 19 years.
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Here are "10 Important Things" you must know to proceed with your personal injury claim in Oregon:
- "Statute of Limitations" deadline". If you are in a car crash in Oregon and it is the fault of another party, you have the option of either making an insurance claim or filing a lawsuit. There are two Oregon state laws that you should remember regarding filing suit here.You have 6 months to 2 years after the crash to file a personal injury lawsuit, according to ORS 12.110 and 6 years after the crash to file a lawsuit for property damage, according to ORS 12.080. Please call personal injury attorney to figure out the exact time to file your claim with courts. You will need to ask: "What is my "Statute of Limitations" deadline". Once you know your time limits, you will understand that you have plenty of time to get better. Don't get pushed by the insurance adjuster to settle your case as soon as possible. But, if you do not initiate your motor vehicle crash lawsuit within those timeframes, it is likely that no Oregon court will hear your claim. It is important to pay attention to these deadlines, even if you think that the case will settle out of court. You should always leave the option available to file suit; this is not just for additional leverage during settlement negotiations. You want to ensure that you can utilize the court system if you are not able to obtain a satisfactory settlement from the insurance company.
- Seek Medical Attention within 24 hours of a crash. The first thing to know after a motor vehicle crash is to get checked out by a medical professional immediately if you have suffered injuries. You want to be certain that you receive medical treatment right away to ensure you recover your health as quickly as possible. The other reason you want to be evaluated by a doctor right away is that if you do file a lawsuit, it is important to show that you sought medical treatment right away. People who wait to be treated and then file suit often lose in court or at the settlement table; after all, if you were injured so badly, why did you delay treatment?
- Photos of Everyone and Everything. After the crash take photos of yourself and the other driver and any passenger. After that take photos of all vehicle involved (inside and out). If you can, record what the other driver has just said to you or someone else.
- Witnesses. Collect ALL witness information asap. Witnesses dissaper, move, die, change their stories, etc.
- Accident Report. File Police/Accident Report with DMV within 72 hours.
- Talk to your insurance company about opening PIP (Personal Injury Protection) claim. Ask them for your "Policy Declaration Page". You need to know what damages are covered by your insurance.
- Remember: you don’t have any obligations to talk to the other driver's insurance company. You do have an obligation to cooperate with your insurance company.
- Be careful of the request for "Recorded Statement". Think why do they want to record your conversation? Do you record conversations with your friends? Obviously, everything recorded will be used against you at some point. If you have given the recorded statement to your insurance company, you can ask them to share your statement with the other driver's.
- Vehicle repairs and rentals.
- Which insurance company should you go through: yours or theirs?
Oregon Car Insurance Requirements
Like all states, Oregon mandates that you cover adequate auto insurance for any vehicle that you own and operate here. The following coverage is required in case of a motor vehicle crash:
- $25,000 for injury or death of one person
- $50,000 total for injury or death of multiple people in one accident
- $10,000 for property damage
- $15,000 in personal injury protection (PIP) – covers your injuries during the first year of the accident. You may however sue the other driver before your PIP limits are exhausted.
- $25,000 per person and $50,000 per crash in uninsured/underinsured motorist coverage
If you have been injured by a driver in a motor vehicle crash, please contact Herron Law LLC today for a no-obligation consultation.
Car accidents occur when another driver fails to follow correct procedure and obey traffic laws, either through inattention, road conditions, drunk driving or various other reasons. A moment of inattention can lead to catastrophic results. Being involved in a car accident may cause severe injuries, pain and suffering, property damage, lost wages and emotional trauma.
If you've been involved in a motor vehicle accident, Herron Law, LLC knows that you are likely upset and confused as to what your rights are and what the next step is for you to take. That is why you need a Portland personal injury lawyer. Bartley E. Herron can help you make the right choices to ensure any losses or injuries you have sustained are taken care of. There are many issues to be faced that require time consuming detail that Herron Law, LLC can manage for you.
Following an accident, you may not be aware of what rights you have in the handling of your claim. You may be advised by an insurance adjuster that you have only certain choices on what can be claimed in an accident. Our legal team can ensure that all available options are presented to you.
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