Q: If I am hit from behind by someone with car insurance who admits it's their fault and they would pay for the damage.
When I file a claim I later found out I apparently didn't have insurance but I was suppose to have insurance, what happens. My truck is really damage and I have being have a lot of neck and back pain. At first the driver was saying she was going to pay for the damage now she is saying she is not and I am starting to have a lot of problems with my truck now.
A: Hopefully, you carried uninsured motorist coverage and other benefits under your automobile insurance policy. Contact a local attorney to discuss your legal rights and recommended course of action. Most attorneys will focus on the insurance situation and coverage before committing to take on the case.
A: You may be in a tough position in certain regards if you were driving without insurance, this is the case whether you knew about it or not. In Oregon, you are barred from recovering non-economic damages for a loss that occurs while driving uninsured. There are certain exceptions, but this can get very complicated, very quickly. Your best bet would be to call a good personal injury attorney who is familiar with ORS 31.715.
A: Because you did not have insurance, you may not be able to recover for your pain and suffering. You would be able to go after them for your economic losses (medical bills, property damage), and there can be exceptions as to the pain and suffering part - namely if you were uninsured for a short time and have since obtained insurance.
You absolutely need to contact a Personal Injury Lawyer. If the other person is at fault they are responsible for your damages whether or not you had auto insurance. The only thing not having auto insurance will do is it will cut of your right to non-economic damages which is what you get for your pain and suffering, as provided in Oregon Statute ORS 31.715. You still have the right to get your property damages and your medical bills paid. There is an exception to ORS 31.715's limitations which essentially says if you recently had auto insurance but it lapsed, the penalty doesn't apply. You can read the law here: https://www.oregonlaws.org/ors/31.715.
Either way you have a right to get compensated. A lawyer will help you figure this out. Meanwhile you should be getting medical treatment for your injuries using your personal medical insurance. Because you don't have auto insurance you can't use the medical benefit that all Oregon Auto policies have called PIP (Personal Injury Protection) but you can use your normal medical insurance. You will have to pay your normal medical co-pay or deductible but you might get reimbursed when the case settles. If you don't have medical insurance you can try a low cost clinic like the Virginia Garcia Clinic or a County Health Clinic. Where ever you go for treatment, keep in mind that they medical provider will have the right to a lien on whatever you recover from the other driver so be sure to tell your Attorney so that they include getting the lien satisfied when they settle your case.
Whether you have car insurance or not doesn't affect her obligation to pay for damage. Get 2 estimates for repair cost or total loss evaluation and send them to her company.
Contact a member of the Or Assn for Justice--they give free consults--as to your potential injury claim.
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