Q: I got into a car accident. My tags are expired and I have no insurance but it was the other drivers fault.
What are my options?
A: You have the right to recover your economic damages - which would be your medical bills and any property damages which could include repairing or replacing your car. However you may be barred from recovering your pain and suffering damages as a result of not having insurance although there are some exceptions to this rule. Because you don't have car insurance you won't have the PIP insurance that car insurance includes that can be used to pay your medical bills so you will have to use your personal medical insurance to cover your bills while you seek treatment. You should not try to settle your case while you are still undergoing treatment. Be aware that your HMO will expect reimbursement for the medical costs of your treatment paid by the HMO, but that is usually negotiable. You should contact an experienced personal injury lawyer and discuss your case. Nearly all personal injury attorneys offer free initial consultations.
A: Contact a member of the Oregon Assn for Justice--they give free consultations.If your registration was expired,you technically don't have to have insurance (though you do to drive the vehicle on the road). Get the free consult.
A: If you had no insurance at the time of the accident, then you are not entitled to recover non-economic damages for pain and suffering. There may be an exception if you recently had insurance but it lapsed. You are still able to recover your economic damages, such as lost wages and out of pocket medical expenses and future medical expenses, if any.
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