Legal Question in Personal Injury in Oregon

Re: Car accident caused by someone else, I have no insurance

Boy, I'm afraid you've got a couple of problems in your case that you may or may not be able to overcome. You don't say how fast you were going, or how much room or time you had to have avoided her sooner. You would probably be held at least partially accountable for the accident, unless there was evidence she just darted out into traffic or something. If she was just walking, an insurance adjuster would probably argue (as would her lawyer, if it went to court) that you should have seen her, and taken more appropriate, earlier, and less dangerous evasive action. Depends on what the area looks like too, of course. It would be a big help to you if you had any INDEPENDENT witnesses to the accident -- who weren't in your car. In Oregon, if a jury held you more than 50% at fault, you would receive no recovery. If it were less than 50%, then your damages would be reduced by your percentage of fault.

The second problem is whether she has any insurance that would cover this sort of thing, and if she doesn't whether she has sufficient personal assets to make it worth your while to bother suing her. I would guess (and it's just a guess) that her personal auto coverage would not cover this; her homeowner's or tenant's policy, IF she has one, often covers a wide variety of personal liability, but I'd again guess that it would NOT cover something motor vehicle-related. That's an area you'd find out fast enough if you sued her, though!

The third problem you have is that you were uninsured. New, and in my opinion, a very BAD law in Oregon went into effect in late 1999. If you had no insurance, you get NO money for pain & suffering and hassle. Only your out-of-pocket losses, for medical, wage-loss, and the car. Stuff like that. There are a few IMPORTANT EXCEPTIONS, though, to that rule: If you had insurance within 180 days before the wreck, AND didn't drive uninsured within the one-year period preceding the lapse in coverage, then you could get money for pain and suffering. Same is probably true if it turned out she was under the influence of alcohol or drugs or a combo. I say "probably" because I'm not sure if that portion of the exemption would apply to a drunk pedestrian. It probably would.

Anyhow, if you wish to try to pursue this anyway, contact a lawyer quickly. Although the statute of limitations in Oregon is two years (meaning you must have either filed a lawsuit or have settled the case by the 2-year anniversary of the wreck, or you will usually be barred beyond that date), people's memories fade quickly. Since you'd probably have to file a lawsuit on a case like this, most lawyers will want you to come in with some up-front money, to pay for some of the costs, such as the filing fee, deposition costs for court reporters, etc. Anyhow, if you're going to pursue it, I'd do it right away.

Good luck!!

Sam Hochberg,

Portland, Oregon