Q: in a car accident
I was in a car accident that wasnt my fault. At the time of the accident, i hadnt realized it but my insurance lapsed. I had my damages appraised at just over 1000 dollars. the accident report states that unless the damages are 2500 or more I didnt have to file an accident report. so I didnt. There were no injuries made known at the time of the accident. We both were able to get out of our vehicles and walk around the cars and exchange info(mine of which at the time I believed to still be active). The DMV suspended my license and upon contacting them they say that the other driver is claiming injuries.
A: An Oregon attorney could advise best, but your post remains open for two weeks. I'm sorry this happened to you. Based on your description of events, you acted reasonably, since you were not aware that the other driver would report injuries. And in many jurisdictions, the reporting thresholds for Departments of Motor Vehicles are based on a given figure for property damages or injuries. If you are not able to reinstate on your own through the DMV, a traffic ticket defense attorney would probably be able to work with you. Another element to be concerned about is notice to your carrier. You may have already placed them on notice, but if you did not, due to your first impression of minor property damages, it's possible they could be interested in setting up a bodily injury claim. Although the accident was not your fault, you do not know what the other driver's statement will be to their carrier, and your carrier could be interested in interested in investigating the accident or obtaining a statement from them without the passage of too much time. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.