Portland, OR asked in Car Accidents for Oregon

Q: What can we do if car was rear ended and both parties have same insurance

My boyfriends car was rear ended on the freeway he had to suddenly stop because someone else cut him off and the guy behind him ran right into him both of them have the same insurance and the other guy said my boyfriend was changing lanes which isn't true and according to them the damage on the cars point to a lane changing accident and will not pay for our damages unless we want to use our own coverage and pay deductible obviously the other guys damages are less and that's why they probably don't want to pay is there anything we can do from a legal standpoint sue driver ?

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3 Lawyer Answers
Joanne Reisman
Joanne Reisman
Answered
  • Personal Injury Lawyer
  • Portland, OR
  • Licensed in Oregon

A: The easiest thing is to use your boyfriend's full coverage for the car and pay the deductible. Then his insurance company will fight with the other driver's insurance and determine who is at fault. If the other driver is at fault they will usually get the deductible and reimburse your boyfriend for what he paid. The legal cost to hire an attorney and fight this would be more than the deductible. (Usually the driver that hits someone from behind is at fault for failing to leave enough room to stop safely in an emergency. There can be exceptions but that is usually how it plays out.)

If your boyfriend's car is a newer car, then he would have an additional claim for diminished value for the car. It is definitely a good idea to hire an attorney to handle this type of claim.

If you are your boyfriend were hurt in the accident, definitely hire an attorney to handle the entire case.

Mr. Gary R. Johnson agrees with this answer

Mr.  Gary R. Johnson
Mr. Gary R. Johnson
Answered
  • Personal Injury Lawyer
  • Bend, OR
  • Licensed in Oregon

A: You can sue the driver but would need to hire an attorney to do so and that would be expensive. Also, unless you have an independent witness that can verify your boyfriend's view the facts your boyfriend may not win that lawsuit. If you do file a lawsuit and sue for less than $10,000 the lawyer can seek attorney's fees under ORS 20.080. Good luck.

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Contact a member of the Oregon Assn for Justice--they give free consults. You need to get treatment for your injuries to document them.

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