Q: Oregon - rear-ended by uninsured driver (100% at fault). No injuries but out of pocket at $6K or more. How do we sue?
We have been racking up rental car fees while our car has been in the shop for several months (No rental coverage and repair shops are very backed up/short handed right now). Total of 4 cars in the accident and the uninsured driver at the back was found at fault. Thankfully we were physically fine aside from mental anguish but others may have been injured (no injuries observed at the scene). The driver at fault likely doesn't have any means to pay however we also don't think that should be a reason not to seek a judgment as they may in the future. We also just discovered that because we took our car to a shop not on our insurer's preferred list we will likely have to pay out of pocket another $2.5K (their shops could not even look at our car until October....our accident occurred in August). Our under/un-insured policy is paying for most of the repairs but out of pocket is still significant. I suspect a Lawyer would not be interested so is small claims the best option?
A: You could file against the at-fault driver. However, the at-fault driver may be judgment proof. Hopefully, you have full coverage insurance to cover your property damage. It is my understanding that approximately 1 in 5 drivers drives without insurance, which is why you need adequate underinsured motorist coverage for your bodily injury and full coverage for your property damage.
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