Eugene, OR asked in Car Accidents for Oregon

Q: I was a victim of a hit and run, my car was damaged no one was hurt. Is there any legal action I can take?

The person who hit and left the scene, filed a claim, also I did as well. The police are involved already. He has admitted responsibility to his insurance.

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

A: If he has insurance under Oregon Law the insurance company is required to quickly settle the damage claim with you. If you have full coverage you can just use your own insurance, pay the deductible, and wait for your insurance company to deal with the other drive and your insurance. They will usually get your deductible back for you if they can get reimbursed. The police will turn the matter over to the DA and as part of the prosecution of the hit and run driver you can ask the DA to get you restitution.

While you say you weren't hurt just to make sure you don't waive your rights for personal injury damages if you do discover you were injured, when you settle your car damages claim, don't sign a release that also releases your personal injury claim.

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

A: Further to what ms.reisman said,get an estimate from whoever you want to have fix the car, so that if there's a difference you have someone who will try to get you closer to real damages.

Suggest you contact a member of the Or. Assn for Justice--they give free consults--if you have any injury at all.

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