Legal Question in Personal Injury in Oregon

I was in a rear end accident as a passenger. I was driving with a friend in her husbands car. The driver of the other car said she was taking a key off of her key ring when she slammed into the back of us. My neck feels tight now, my sholders hurt, head hurts, feel anxious and agitated and nervous. My friend called her insurance company with the drivers info and they opened claims for all of us. I was going to go to the outpatient hospital to get checked out- but then she called me saying that her husband wanted us to NOT file claims- that is would make HIS insurance go up even if the other driver was at fault because of Oregon laws. He says the accident will reflect poorly on him if anyone recieves medical care! Is this true? Will his monthly bill go up even if the accident wasn't her fault? Doesn't the insurance company for the driver (in this case State Farm) have to pay what ever costs come from their clients negligence? I am hurt but don't want to offend my friend or her husband. She said that she feels injured too, but wants to ignore the pain to avoid messing up her husbands good standing with his insurance.


Asked on 10/19/11, 8:05 pm

1 Answer from Attorneys
Faith Morse Kelly L. Andersen, PC

Your friend's insurance policy should provide payment for medical care you receive after the collision that is reasonable and necessary because of the collision. The at-fault driver's insurance company will reimburse your friend's insurance company for that money if she was not at fault for the collision. This should not impact your friend's rates if she was not at fault for the crash.

You both need to get the medical care that you need to recover from this crash. That is why personal injury protection benefits are required by law. If you have further concerns about this, you should consult with a personal injury attorney in your area. The Oregon State Bar has a referral service that you can use at http://www.osbar.org/public/ris/ris.html.

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Answered on 10/20/11, 2:29 pm


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