Portland, OR asked in Personal Injury and Car Accidents for Oregon

Q: My uncle ,my two boys and I were in a accident last month I wasn't at fault I don't have LIC. Or insu. What can I do?

My uncle was hurt badly, it was Sprint carriers Corp. Semi truck with trailer hit head on

4 Lawyer Answers
Mr. Michael O. Stevens
Mr. Michael O. Stevens
Answered
  • Personal Injury Lawyer
  • Hillsboro, OR
  • Licensed in Oregon

A: As a passenger, your uncle can go after you and/or the other driver, same with your boys. Your uncle and boys should get attorneys to handle their claims.

You can consider getting one yourself as well, as you can still get some amounts, but not having a license and insurance creates some extra hurdles to deal with.

Joanne Reisman agrees with this answer

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

A: Your uncles should get a personal injury Attorney. Since you say you weren't at fault your uncle's Attorney will likely look to the other driver and their insurance for damages. Similarly an Attorney can represent your two boys against the other driver and their insurance.

As for you, the fact that you didn't have insurance will limit your damages assuming this is taking place in Oregon. Under Oregon Law if you drive without insurance and are involved in an accident, even if the accident wasn't your fault, your license gets suspended for one year and your damages can only be your actual economic damages, ie the cost of your medical bills and damages to your car. You can't get non-economic damages which we call pain and suffering. This makes it hard to find an Attorney because Attorneys work on a percentage of what you recover and so the extra pain and suffering damages usually increases the recovery such that the Attorney can get paid and you get enough money to get your bills paid, your car fixed, and some extra money in your pocket. It would still be worth while to talk to an Attorney but just understand ahead of time that there are limitations on what you can recover due to your uninsured status.

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: If the testimony of the commercial truck operator and the accident investigation confirm your position that you were not at fault and if the other side concedes liability, it shouldn't be an issue, but in the event that they do not (and it is a fairly recent accident), another contingency to consider is the possibility of a claim from the commercial operator and the interests of her/his vehicle.

Tim Akpinar

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

A: I suggest you contact a member of the Oregon Assn for Justice in your area--they give free consults. On the issue of no injury settlement for those without registration even if they are without fault, I would question the constitutionality of that and you may want to check with the Oregon Civil Liberties Union.

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