Legal Question in Personal Injury in Oregon
Admits she hit my daughter says my daughter was drivine different vehicle
A lady rear ended my 16 year old daughter. She drives a 1988 ford escort that was in very good shape but not worth much. We only have liabilty only on the car. she admits hitting her but says the vehicle was a different one. say it was much newer. Her insurance company says they know it was her fault but are dening the claim because she is adimate that it was not the same car. They say I will have to take her to court. My daughter is now going to a doctor (Chiro) who says she does have some damage. I am filing small claims,but can I file for pain and suffering for my daughter as well. Also what about future unknown medical expenses and loss time of work taking her to the doctor. She refused to swap any ins or vechile information, just a name and number. I thought I would sue for 600.00 damages to car 70.00 for rental car. 500.00 for medical bills ( that look like the insurance will be paying) 150.00 for loss time at work. and 3200.00 for pain and suffering and future medical expences. Can you offer advise.
2 Answers from Attorneys
Re: Admits she hit my daughter says my daughter was drivine different vehicle
If the injuries required medical or chiro care, you absolutely should contain a personal injury attorney. Standard practice is for such an attorney to conduct an interview with you for free and take the case for a percentage of what you may get paid by the insurance company. Small claims is not the way to go at all.
I do not do this sort of work but in the past have referred people to Linda Williams at the Kafoury McDougal firm in Portland, 503-224-2647 or [email protected].
Re: Admits she hit my daughter says my daughter was drivine different vehicle
Your email touches on a lot of questions. I do not think that small claims court is the proper method of handling this case. Does your daughter have any photo's of the vehicle? Does her car have paint residue from the other car? These are issues that can help and establish that your daughter was driving the car she says she was driving. Were police involved in the accident? Did your daughter make a DMV report? More stuff to show proof of vehicle driven.
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