Legal Question in Insurance Law in Oregon

Re: Passenger outside of vehicle.

I think a jury might find BOTH with some fault. I know I'd probably want to represent the kid who hopped onto the outside of the car, though, because a jury would probably not be sympathetic. In Oregon, if a person makes an injury claim and is found by a jury to be more than 50% at fault for the accident, then he gets no recovery at all.

BUT, having said that, Oregon does have limited "no-fault" coverage, under PIP, which is short for "Personal Injury Protection" coverage. If this other kid has NO health insurance, and if he's not covered by any OTHER car insurance's PIP policy (eg, his own car or his parents' car if he lives with them or he's on their policy), THEN your son's PIP coverage is next in line to pay for this kid's reasonable and necessary medical bills, and possibly wage loss, up to the policy limits, and REGARDLESS of fault. Most policies carry the bare minimum required by law, which is $10,000 for medical, and up to $1250 a month for wages, both for a period of up to one year. Hopefully, this kid won't sue your son. If so, tell his insurance company immediately. Also, be sure your son has reported the incident to his insurance company, and to the DMV. Good luck.

Re: Passenger outside of vehicle/CORRECTION

Just a short correction: I'd MEANT to say that I probably would NOT want to represent the kid who hopped onto the car!