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

Q: Hey so I got into a car accident with no license or insurance and I got hit on the passenger side by a Amazon car

But the place we where at didn’t have a stop sign and I had my 4 month old in the car and my back hurts really bad

1 Lawyer Answer
Virgil Royer
Virgil Royer
  • Personal Injury Lawyer
  • Salem, OR
  • Licensed in Oregon

A: I am very sorry this happened to you. Especially this time of the year, with COVID-19 impacting much of our lives. I am going to assume that you were not at-fault in this accident. First the health of you and your child are the most important thing. Fortunately, a well-protected baby can do well in these types of accident is there is no direct impact to them and/or their car seat and they were safely fastened. However, you do need to get you and your baby thoroughly checked out by an healthcare professional. The Amazon driver (and/or his/her company) should have insurance which will help cover your medical bills. It is called Personal Injury Protection (PIP). If it is a big commercial policy, they might have a medical amount of $5,000 or more that they will pay out for your medical treatment. Second, because you were not licensed and insured, you could be exposed to potential criminal liability (perhaps traffic infractions), so you might want to speak with a criminal lawyer who specializes with traffic matters and lack of insurance issues. And, last, because you did not have insurance, you will not be able to collect non-economic losses, which is pain and suffering damages. Your child should be able to collect and recover. You have a two year statute of limitations from the date of loss to file a complaint in the proper court; your daughter's claim is much longer because she is a minor. Your have at least seven years in which to file that claim. I wish you the very best of luck. You should seek the advice and counsel of an experienced personal injury lawyer. Also, I'd encourage you to find a way to get your license and to be sure you are insured. I realize that it is often hard and difficult for people to get licensed and insured. Yet, it is important for everyone's welfare and safety on the road. Stay strong and have a wonderful Holiday Season and Happy New Year 2021!

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