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Questions Answered by Virgil Royer
2 Answers | Asked in Traffic Tickets and Car Accidents for Oregon on
Q: I was hit by a forest cop on one lane FS road blind curve. Please help, the damage is extensive.

I was coming up he was coming down the blind curve. Cliff on my side. One lane road. I swerved to avoid hitting him and he never even hit the brakes. My insurance lapses by a few weeks due to covid related financial issues. I have court coming up to contest the traffic ticket they gave me which was... Read more »

Virgil Royer
Virgil Royer answered on Nov 27, 2020

I would add to the previous response a little. You did not say what your ticket was for. If the ticket was related to arguments revolving around why you think the Forest /Park Ranger ("Cop") should pay--then you will need to defend the ticket and prevail on the merits; otherwise, it will... Read more »

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2 Answers | Asked in Medical Malpractice for Oregon on
Q: Yes I was wondering if false documentation on a medical record from a physician is something to pursue

There is no expectations or pain contracts set in place therefore I was unaware of the rules

Virgil Royer
Virgil Royer answered on Nov 24, 2020

I agree with the previous response. Since it is unclear what you mean by "false documentation". I sincerely believe that you might find errors contained in almost any patient's file, such as a wrong birthdate, or height/weight, or someone's else name inserted. Nearly all of... Read more »

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1 Answer | Asked in Medical Malpractice for Oregon on
Q: I took my daughter to the dentist and she received unnecessary dental work that I did not authorize or approve.

I took my six year old daughter to the dentist she was supposed to have two fillings and a coating of sealant put on her teeth. after the dental assistant brought my daughter out she had said that two of her teeth were loose and it falling out during the procedure on their own after getting home... Read more »

Virgil Royer
Virgil Royer answered on Nov 19, 2020

I hope that your daughter is doing well. Getting dental care at a young age is important and you want her to have a positive experience. This is a tough issue, because a child (as a patient) cannot legally consent to treatment. You, as the parent, are in control of what is consented to and what is... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: I am plaintiff in civil suit, Pro Se. I need an attorney to re-write my Plea, which has been rejected by judge/technical

This case is one of wrongful termination, perjury, slander....I have 45 additional days in which to write a legal, correct Plea.

Virgil Royer
Virgil Royer answered on Nov 18, 2020

Just a few brief thoughts for you with regard to your question. This is a civil case. it is in state or federal court? Perjury is exclusively a criminal charge and only the District Attorney/Federal Prosecutors can make those types of charges. Being able to show, within your civil case, that... Read more »

3 Answers | Asked in Personal Injury for Oregon on
Q: Injured,had coffee thrown on me.

A woman became irate and threw coffee on me. As a result I slipped and fell onto the floor. I injured my arm and leg.

Virgil Royer
Virgil Royer answered on Nov 15, 2020

I am very sorry that you were injured. I hope that you receive proper treatment for both your arm and leg. The first step to a personal injury is to ensure that you take care of your health. You may have two possible claims. One for the intentional tort of assault/battery and one for negligence. It... Read more »

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1 Answer | Asked in Car Accidents for Oregon on
Q: Someone hit and ran my car totaled it i have no license or insurance what will happen?

Was taken by ambulance to hospital my friend got life flighted air bags went off

Virgil Royer
Virgil Royer answered on Nov 15, 2020

This is clearly not a very optimal situation. I hope that your friend and you recover fully from this accident. Nothing is more precious than people and their health. If your friend has car insurance, it is possible that they can make a claim for Personal Injury Protection (PIP) under their... Read more »

2 Answers | Asked in Personal Injury for Oregon on
Q: Do lawyers fight against their own city or county?
Virgil Royer
Virgil Royer answered on Nov 15, 2020

This question assumes that attorneys have their "own" county/state. They don't. Attorneys, if they find merit in a cause and choose to accept it, will file claims against governmental agencies to the extent they believe justice requires. There are often immunities that prevent... Read more »

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2 Answers | Asked in Car Accidents, Personal Injury and Criminal Law for Oregon on
Q: If I was hit and injured in a car accident having no insurance and a suspended license, what are my options considering?

I left the scene before cops arrived "Which is considered a "hit and run" the person who hit me is at fault and was not injured nor were any of her passengers. I have not filed a report, nor spoke with police about the matter. I am afraid, because I don't have insurance, I will... Read more »

Virgil Royer
Virgil Royer answered on Sep 16, 2020

You pose an interesting, and all too common set of issues. If you are in accident caused by someone's negligence, and do not have auto insurance, then you are entitled to recovery your monetary damages (for example, medical bills, lost wages, property loss). In other words, you cannot recover... Read more »

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2 Answers | Asked in Car Accidents for Oregon on
Q: I scratched another car Left to get something to write with came back and they where gone. What do I do?

I was pulling in to a walmart parking lot and scratched another car. I then parked my car went over to the other car took a picture of the damage, then went back over to my car to get something to write with realized I didn't have anything so I went into the store to get paper and something to... Read more »

Virgil Royer
Virgil Royer answered on Sep 12, 2020

Parking lots, especially busy ones like Wal-Mart, frequently have accidents--especially scratches. When you caused damage to property, you are required to let the owner know. ORS 811.700 is a Class A Misdemeanor. If you hit a parked car, you are required to wait for (or, locate) the owner to... Read more »

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1 Answer | Asked in Car Accidents for Oregon on
Q: I’m a victim of a hit and run. I’m 99% sure it was my neighbors friend who backed up in to it.

My neighbor acknowledges the car but denies knowing who it belongs to, which is complete bs. I’ve seen the car parked in his driveway multiple times. What can I do?

Virgil Royer
Virgil Royer answered on Aug 4, 2020

First, I am very sorry for you being a victim of a hit and run. I know the frustration. Second, being 99% sure isn't the same as 100%. I assume that you have some type of evidence that supports your theory. Third, if you have a strong belief that it could be your neighbor's friend, you... Read more »

1 Answer | Asked in Consumer Law and Car Accidents for Oregon on
Q: Hello, I was just trying to do a brief write-up about ORS 746.290 and how it pertains to repair shops. Please explain?

I am writing content for an online auto body repair shop magazine. Thanks!

Virgil Royer
Virgil Royer answered on Aug 3, 2020

Oregon law does not allow insurers to dictate where a person needs to take their vehicle for repairs. They can make a recommendation. But, they are required to also provide notice through ORS 746.290 of ORS 746.280. In short, while insurance companies can recommend certain repair shops, they have... Read more »

2 Answers | Asked in Car Accidents for Oregon on
Q: I am uninsured driver and my car was smashed by an insured driver who ran a red light

I have the claim number and was told to go to a shop and get a quote. Am I allowed to get my car fixed or to accept payment since I am not insured?

Virgil Royer
Virgil Royer answered on Jun 10, 2020

Yes. That's the quick answer. It appears that you have a very easy claim with regard to liability. If someone runs through a red light and smashes into your car, it is hard to think of a situation where they are not at-fault. The fact that you are not insured means that you cannot recover for... Read more »

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2 Answers | Asked in Collections, Traffic Tickets, Car Accidents and Insurance Defense for Oregon on
Q: I was in a fender bender where I rear ended someone, now I’m being sent to collections and they say my license will be

Suspended if I don’t make a Minimum payment if 1000 down and 100 a month. When I got in the accident I had just bought a car the night before from a personal buyer and had not had a chance to put insurance on it in the less the lab 24 hours after having it. I bought the car on 4/20/20 at 7pm, and... Read more »

Virgil Royer
Virgil Royer answered on Jun 5, 2020

First, the collection agency is collecting a debt. They are not the Department of Motor Vehicles (DMV) and have no power to suspend your driving privilege. Second, you mentioned "grace" period. Did your insurance company deny coverage for this accident even though you just bought the car?... Read more »

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2 Answers | Asked in Car Accidents for Oregon on
Q: My wife just got in a accident with my 2 month old son in the car with a unlicensed driver who was only 15.

Our cars breaks didn't react fast enough to stop and they t-boned the car on the side my son was sitting. Everyone is fine, besides for bumps and bruises. I'm wondering what to do beyond filing with insurance, which has already been done? And what to expect?

Virgil Royer
Virgil Royer answered on Apr 23, 2020

I am very sorry this accident happened to your family. I am glad everyone seems fine--except for bumps and bruises. It is difficult to tell from this question who might be at-fault. If the brakes were not working due to failure to fix them, knowing they were in need of repair, that could be an... Read more »

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6 Answers | Asked in Car Accidents and Insurance Bad Faith for Oregon on
Q: Why is the insurance company forcing me to use my PIP to reimburse me for my lost wages for a non-at fault accident?

I was in an accident were liability was determined to be completely the other drivers fault. Both of us have the same insurance carrier (Progressive). The insurance company forced me to use my own PIP to pay my medical bills. I would have rather not used my own policy (PIP) and filed a third... Read more »

Virgil Royer
Virgil Royer answered on Apr 13, 2020

PIP is a great tool to ensure that everyone involved in an accident involving an insured motor vehicle has medical coverage and some funds for lost wages rather than having to wait for a year or more to get paid by the at-fault party. Lost wages don't start until after the 14th day of time... Read more »

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2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: I was in a accident.I recieved an reward letter for $100, 590.64 my policy is for a $100,000 who is gets the $590.64.
Virgil Royer
Virgil Royer answered on Apr 21, 2020

The are likely a few reasons for this. Usually, though PIP is paid separately and reimbursed back to the other company. If you settle on your UIM policy (under insured/under insured), then your company will often waive PIP reimbursement, if your damages exceeded the policy limits of the at-fault... Read more »

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