Legal Question in Insurance Law in Oregon

Disputing an Insurance claim

i was in an auto accident where i was t-boned on my passenger side rear end ,where the back seat is located.My 3 kids were with me i never saw what hit me untill after the i got out of the car my 14yr daughter who was front passenger said''mom she wasn't there then all of a sudden there she was like 20 ft away''. the car that hit me never even hit her brakes i spun 2.5times shattered out every window but the windshield which was cracked,buckeled my whole frame the backseat where my 7yr twins were sitting was bentupin the middled like almost in half.after hitting me she hit another car who was stopped at a stop sign and somehow spun her car around so that she went head on into a telephone pole that was next to the stop sign she was at which means she was parallel with it and at a stopped position that lady didnt have ins either and she went away in an ambul. i refused to go in the ambul. only one cop came and he never even invesigated the accident only exchanged info for us and citeded me no ins and unknown if 3rd party was ins due to in amb. thelady who hit me ins comp says they investigated and im at fault ive got witness,evidence,3rd partys colaberting ect that im not i want to fight this do i have legal ground to ?


Asked on 10/14/04, 3:43 pm

1 Answer from Attorneys
Sam Hochberg Sam Hochberg & Associates

Re: Disputing an Insurance claim

Your description leaves too many unanswered questions for me to give you any real advice, other than to talk to a lawyer. In virtually every area, the phone book (AND the Internet)are full of ads for personal injury lawyers, indicating "Free Consultation." I'd call one.

Some of the things that were unclear in your posting: You at first said that the other party was NOT insured ("she didn't have ins either"), and then later on, you said that HER insurance co. was investigating. So, I don't know what ins. there is, if any. As to fault, I can't tell whose fault it is, because you didn't describe where the car came from, whether it was an intersection, were there traffic lights or stop signs, etc.

Presuming it could be shown that the accident was the OTHER driver's fault, and IF indeed YOU had no insurance, there is a new law in Oregon that says you are entitled ONLY to your out-of-pocket damages, such as medical bills, wage loss, and the car. NO money at all for pain and suffering, merely because you were uninsured. That law, however, is up on appeal to the Oregon Supreme Court, so you may wish to wait for settlement, in case that law is overturned. There are a NUMBER of exceptions to the "no insurance - no pain money" rule, however, so again, you should talk to a lawyer.

Your CHILDREN also have a claim, if they were injured at all. You didn't describe the injuries in much detail, but I'm presuming that nobody was seriously injured.

NOTE that the statute of limitations is ordinarily TWO years in Oregon, meaning that if your claim isn't either settled, or a suit filed properly in the right court by the 2-yr anniversary, THEN it may well be too late after that. Your kids, however, have much more time, and you should be very sure (and so should their doctor) they are okay before settling; again, presuming that's even possible.

Sorry I can't be of any more help than that! Good luck, though.

Sam Hochberg

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Answered on 10/15/04, 12:45 am


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