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

Q: My wife was hit while driving her car, after the other driver failed to yield right of way at his stop sign.

Their insurance co wants to pay us an amount far less than comparable autos we can find anywhere. My own co has offered even less. Their offers are 2K less than any comparable. Should we pursue the “appraisal clause” option, or hire our own lawyer? There is a medical claim for injuries incurred by my wife.

2 Lawyer Answers
Jina Ly Clark
Jina Ly Clark
Answered
  • Personal Injury Lawyer
  • Portland, OR
  • Licensed in Oregon

A: If you settle with the at-fault party for the contested vehicle amount and sign a release, you will most likely preclude any settlement or award for the injury settlement. You can accept the uncontested amount offered provided you do not have to sign a release. If you think you are being lowballed on the amount, you can hire an expert to give you an appraisal of your vehicle. The difference between the amount they give and the amount the expert states your vehicle is worth will need to be resolved when the injury portion of the case is resolved after treatment is completed. If you are in Oregon, you have a two-year statute of limitations.

Brad  Holbrook
Brad Holbrook
Answered
  • Personal Injury Lawyer
  • Newberg, OR
  • Licensed in Oregon

A: The insurnace company is required to compensate you for the fair market value of the car as it crashed. They are not required to restore you to the place you were before--it would probably be impossible to do--as every car is different and there's no telling if your car was in much better shape than others similiarly situated. And, if you owed more than the car was with, called gap, you could be held liable to pay the lien holder. However, the point is that you can accept their check and then sue later for the difference later. You do not need to ,and should not, sign a release. And, if you do decide to sign a release, make sure it is for property loss only. Your wife should seek an attorney for the bodily injury portion of the claim. She could be entitled to lost wages, an award for economic and non-economic damages. Insurance compnaies want to get the matters resolved as quickly and inexpensively as possible, so seeking the help of an experienced and dedicated attorney is extremely important. Also, most attorneys will help with the property loss as part of their representation to your wife. Though bodily claims have a two (2) year statute of limitations, the property damage claim has a six (6) year statute of limitations.

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.