Legal Question in Insurance Law in Oregon

Re: ''Fender bender'' recourse?

First, Oregon law requires that you file a report with DMV within 72 hours, when there is more than $1,000 damage, or any injury at all. Pick up a form from any DMV office or police station. You won't have all the info, so put in what you have. Second, you need to get his address and send him a demand letter. Try the internet reverse directories from his phone number, or see if DMV will give you his address off his plate number, since he SHOULD have given you that at the scene. Worst case, you can hire a private investigator who can probably locate him for about $150 or less.

Once you have the info, send him a copy of the repair estimate (and first be sure you know ALL the damage from your shop) in a demand letter, certified mail return receipt, and with a copy sent via first-class mail (the letter indicating both), and indicate that you are making DEMAND for the damages to be paid within TEN DAYS, to an address of your choosing, or that you may sue him for it. Tell him to save the grief and turn it over to his insurance company, and that if they contact you within the ten days, you'll delay filing suit, to give them a chance to settle it.

Tell him in the letter that if he DOESN'T pay within ten days, you have the right, pursuant to ORS 20.080, to potentially recover hourly attorney fees, in addition to statutory fees and costs, plus the amount of the damages. HOPEFULLY, this will get him to just turn it over to his insurance company, and they'll deal with you.

If he DOESN'T PAY, your two choices are to sue him yourself in small claims court, or to see if a lawyer will represent you. Be sure to keep a copy of the demand letter and the return receipt. It's best to mail the certified letter at the post office, and get an official receipt.

Hope that all works!! Good luck,

Sam Hochberg

www.YourInjuryLawyers.com