Legal Question in Personal Injury in Oregon

Re: Auto Accident - Insurance Lapsed

You've raised a number of issues. First, under new (and in my opinion, very BAD "tort reform") Oregon law, if you were uninsured at this accident and don't fall under one of the exceptions, you are entitled ONLY to your out-of-pocket damages (medical bills, wage loss, car damage, etc), and NOTHING for your upset, pain, "panic attacks," or general damages. You may also be suspended for a year for the uninsured accident, unless you request a hearing and ask for the "good faith" exemption. To prove this, you have to show some objective evidence that you in good faith thought you DID have insurance, even though you didn't.

You may also want to check with your insurance company, and make sure it was a legitimate lapse in your coverage.

To the extent you are still having panic attacks, I'd suggest you receive some counseling for this, so you can recover from it, and so that there is some documentation of the problem, in the event you are able to get any compensation for your panic attacks. Your health insurance may pay for this, although they'd have a right to be reimbursed out of any settlement, under Oregon law.

There is a TWO-YEAR statute of limitations that applies to your case. This means that, under ordinary circumstances, if you have not settled your claim nor filed an appropriate lawsuit for your bodily injuries by the two-year anniverary from the accident, then, you may be forever barred beyond that from making a claim.

So, in sum: Check with a lawyer on the exceptions to the law that would prevent general damage recovery due to your lapsed coverage; double-check the lapse iself, and be sure to promptly request a hearing if DMV issues you a notice of suspension. Good luck.