Legal Question in Federal Tort Claims in Oregon

tort claim

I was rear ended by a person driving an US Goverment vehicle (it was leased to the VA). The traffic was practically at a stand still, it seems that the driver confused his break with his gas because he came at me quite fast. I am 9 months pregnant. The car has significant damage but so far the baby and I are fine. I was told I need to submit a tort claim in order to get money to pay for my car repairs. I was also told that the goverment reserves up to 6 months to investigate the case. I have the option of filing the claim through my own insurance but then I might have to pay the deductible. Is it worth going through the tort case? Will my car sit in the shop for up to six months? Any advice on how the tort claims are handled and what I need to do?

I live in WA but the accident happened in OR.


Asked on 5/04/09, 12:29 am

1 Answer from Attorneys
Sam Hochberg Sam Hochberg & Associates

Re: tort claim

I'd suggest you go through your OWN insurance carrier to resolve the property damage, less the deductible. The reason: You don't know if you or your baby have been injured; particularly your baby. Just to be safe, wait a little while to make sure there was no damage to your baby. The statute of limitations is typically two years, but at least the non-medical bill part MIGHT be only two years. Meanwhile, get the form from the Government on the Federal claim, and wait a little while, and find out what the DOCS say about you baby.

Good luck! Hope you don't need to make a claim here.

-- Sam

Read more
Answered on 5/04/09, 1:14 am


Related Questions & Answers

More Federal Tort Claims Act Litigation questions and answers in Oregon