Legal Question in Personal Injury in Oregon

Re: 4-wheeler accident

You haven't described in your posting whether you think that the landowner was somehow negligent, or did something "wrong." From what you did say, I doubt that the landowner has done anything negligent, and that she didn't allow any "bad" or negligent condition on her property which might have caused this accident.

Many people presume that because an accident occurs on someone's property, that they automatically have responsibility. That might be true in some very limited settings, but at least in Oregon, without MORE INFO about this, again, I don't think the landowner has any legal responsibility, EXCEPT THAT HER INSURANCE might.

I'm referring to the landowner's premises liability insurance, if there is any. Most land or homeowners do carry insurance. While they may have NO responsibility for damages to the vehicle, there MIGHT BE a LIMITED amount of medical coverage provided on a "no-fault" basis. It's often referred to as a "med-pay" provision, which may well at least reimburse you for the medical bills incurred, up to the limit of her coverage, unless there is some exclusion for the ATV 4-wheeler. The coverage amounts for med-pay policies I've seen are generally between $1,000 and $5,000 per person, per occurrence.

As for the damage to the ATV that you, as the borrowing driver caused; it sounds like you caused it. I don't have ANY information about HOW it happened, but if you just hit a tree limb that was laying around in the forest and crashed as a result, it sounds like your friend might think it's your fault and that you should pay. Without more info about this wreck and about any understanding between any of the parties involved, I'd tend to agree! Sorry.

I'm glad at least your injuries don't appear to be too serious. If you have health insurance, you might try to have them pay for it instead. Might be easier. You SHOULD probably contact your local attorney, have a brief office visit, and describe the situation in greater detail, to be sure that my take on this is indeed accurate. The attorney would need details and then might want to ask you some more questions, I would think, in order to give you a more reliable answer.

Best regards,

Sam Hochberg

Attorney at Law