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Oregon Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for Oregon on
Q: So my disabled mother and i where in a car accident on the 10th of aug this year and it was clearly the guys fault

is saying its my fault and now his insurance is giving me the run around and im not sure if i should lawyer up or not my mother keeps saying she doesnt want a lawyer but i think thats more about having to pay but i feel like i really need a lawyer at this point!!! what would be the best course of... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 27, 2021

Most attorneys take on cases such as yours as contingency, so you usually do not pay anything unless the attorney gets you something. However, an attorney would need to review your case to know if you have a strong enough case to take it, as here you indicate there is a dispute as to liability. Use... View More

1 Answer | Asked in Car Accidents for Oregon on
Q: Was in a car accident my car got towed and I sighed over the title still charged me 100 and would not let me get my stuf

Is it legal they won't more money

Virgil Royer
Virgil Royer
answered on Jul 14, 2021

There are a ton of questions that are left unanswered about your situation. However, you probably know that tow trucks do not operate for free, in fact, from from it. Tows from an accident can be expensive. In most cases, the party who is at-fault is going to be ultimately responsible for paying... View More

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law, Car Accidents and Constitutional Law for Oregon on
Q: Who can I sue if I was involved in a two vehicle collision and was wrongfully given a citation? I've plead not guilty.

Without giving away too much information: I was positioned a parking lot positioned east headed south back towards my hometown. I was making a left turn as the collision happened. We got tboned by a car in the passing lane and the blame was unfairly put on me. I received a citation for careless... View More

Virgil Royer
Virgil Royer
answered on Jul 13, 2021

I am so sorry to hear that you were involved in an automobile accident. You mentioned, "we", so I hope everyone is alright. It is even worse when you get blamed and cited for an accident. First, I can understand the frustration. You must set aside your feeling of being "wronged"... View More

1 Answer | Asked in Car Accidents for Oregon on
Q: can a traffic ticket infraction issued at the scene of an accident not witnessed by officer be challenged or dismissed

base on the fact it is an infraction, will the courts dismiss this if challenged

Jina Ly Clark
Jina Ly Clark
answered on Jul 7, 2021

Absolutely! The fact that you can challenge something does not mean you will win. However, if the cop did not witness the infraction, the state would need to produce the witness that saw the infraction to avoid a hearsay objection.

It is important to object to evidence that does not...
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3 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: Can I sue the other driver of a car that hit mine?

My car was hit on the rear passenger side. The crash report says my car was only going 5mph when hit. According to the police report the car following behind the other car stated the lady ran a red light. The insurance company of the other driver said we were at fault because one witness said our... View More

Virgil Royer
Virgil Royer
answered on Apr 1, 2021

Yes. You can sue. The fact you can sue does not mean you have strong case. It sounds like there might be some conflicting evidence that needs to be sorted out. The fact you were hit on the passenger's side door might indicate that you were not at-fault because clearly your car was struck.... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: I got side swiped by a car while riding my bike. Hit and run. Can I sue if we find the person? And for how much?

His mirror broke off on my hip and threw me off my bike. He or she didnt stop. I went to the hospital but nothing was broken. Just severely bruised.

Jina Ly Clark
Jina Ly Clark
answered on Mar 1, 2021

Assuming the driver of the vehicle that hit you was at-fault for the accident, you can sue if you find the person within the statute of limitations with enough time to get a lawsuit filed. If the incident happened in Oregon, your case must be filed or settled within 2 years.

If you have...
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1 Answer | Asked in Animal / Dog Law and Car Accidents for Oregon on
Q: My dog got out and was hit and brought into a vet, a rescue shelter paid for him but refuses to talk or let me pay

After I provided evidence that he was mine and even have told them I will pay for him, but they won’t give him back and refuse to talk to me or give me any information, is their anything I can do, I was paying someone who I trusted with my dog to watch him while I was out for 2 days and came back... View More

Jina Ly Clark
Jina Ly Clark
answered on Feb 15, 2021

It seems odd that they would not want to receive compensation for the vet bill, since you stated you are willing to pay. The next step would be to draft a letter with supporting documentation enclosed of ownership and offering to pay the vet bill and demanding the return of the dog. If that... View More

3 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: Driver 1 speeding no license or insurance and driver 2 pulls out in front of him who is at fault?

Driver 2 thought he had enough time to get out to the center lane (what he told the officer) but driver 1 (motorcycle) let go of the motorcycle realizing he was not going to have enough time to stop and the bike hit the driver 2 dodge ram truck and caused damage and driver 1 was injured from road... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 17, 2021

Whether a driver has insurance or a license doesn't matter as to fault. If you can prove he was speeding you would likely get some comparative fault on the motorcyclist.

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1 Answer | Asked in Car Accidents and Personal Injury for Oregon on
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

Virgil Royer
Virgil Royer
answered on Dec 6, 2020

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... View More

2 Answers | Asked in Traffic Tickets and Car Accidents for Oregon on
Q: I was hit by a forest cop on one lane FS road blind curve. Please help, the damage is extensive.

I was coming up he was coming down the blind curve. Cliff on my side. One lane road. I swerved to avoid hitting him and he never even hit the brakes. My insurance lapses by a few weeks due to covid related financial issues. I have court coming up to contest the traffic ticket they gave me which was... View More

Jina Ly Clark
Jina Ly Clark
answered on Nov 26, 2020

Since you were hit by a cop in the state of Oregon, tort claim notice will need to be received by the employer and/or city/county/state attorney of the cop who hit you within 180 days. The hearing for the ticket will be important, as the judge will be determining weather or not you were at fault... View More

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1 Answer | Asked in Car Accidents for Oregon on
Q: Someone hit and ran my car totaled it i have no license or insurance what will happen?

Was taken by ambulance to hospital my friend got life flighted air bags went off

Virgil Royer
Virgil Royer
answered on Nov 15, 2020

This is clearly not a very optimal situation. I hope that your friend and you recover fully from this accident. Nothing is more precious than people and their health. If your friend has car insurance, it is possible that they can make a claim for Personal Injury Protection (PIP) under their... View More

1 Answer | Asked in Car Accidents for Oregon on
Q: If my car is being towed by my partner, whose insurance covers the repair of the car being towed?

My boyfriend was towing my car with his dad’s truck, they have full coverage. As he drives down a mountain he lost control and both cars ended up colliding as well as damages from hitting the side rails. I only have liability and uninsured motorist. His insurance is claiming they’re not... View More

Tim Akpinar
Tim Akpinar
answered on Nov 15, 2020

An Oregon attorney could answer best, but your post remains open for two weeks. Based on the coverage you describe for your vehicle, that does not seem to be a source, as there is no comprehensive coverage on the policy. The uninsured motorist coverage you have, depending on the wording of your... View More

2 Answers | Asked in Car Accidents, Personal Injury and Criminal Law for Oregon on
Q: If I was hit and injured in a car accident having no insurance and a suspended license, what are my options considering?

I left the scene before cops arrived "Which is considered a "hit and run" the person who hit me is at fault and was not injured nor were any of her passengers. I have not filed a report, nor spoke with police about the matter. I am afraid, because I don't have insurance, I will... View More

Virgil Royer
Virgil Royer
answered on Sep 16, 2020

You pose an interesting, and all too common set of issues. If you are in accident caused by someone's negligence, and do not have auto insurance, then you are entitled to recovery your monetary damages (for example, medical bills, lost wages, property loss). In other words, you cannot recover... View More

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2 Answers | Asked in Car Accidents for Oregon on
Q: I scratched another car Left to get something to write with came back and they where gone. What do I do?

I was pulling in to a walmart parking lot and scratched another car. I then parked my car went over to the other car took a picture of the damage, then went back over to my car to get something to write with realized I didn't have anything so I went into the store to get paper and something to... View More

Virgil Royer
Virgil Royer
answered on Sep 12, 2020

Parking lots, especially busy ones like Wal-Mart, frequently have accidents--especially scratches. When you caused damage to property, you are required to let the owner know. ORS 811.700 is a Class A Misdemeanor. If you hit a parked car, you are required to wait for (or, locate) the owner to... View More

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1 Answer | Asked in Car Accidents for Oregon on
Q: I’m a victim of a hit and run. I’m 99% sure it was my neighbors friend who backed up in to it.

My neighbor acknowledges the car but denies knowing who it belongs to, which is complete bs. I’ve seen the car parked in his driveway multiple times. What can I do?

Virgil Royer
Virgil Royer
answered on Aug 4, 2020

First, I am very sorry for you being a victim of a hit and run. I know the frustration. Second, being 99% sure isn't the same as 100%. I assume that you have some type of evidence that supports your theory. Third, if you have a strong belief that it could be your neighbor's friend, you... View More

1 Answer | Asked in Consumer Law and Car Accidents for Oregon on
Q: Hello, I was just trying to do a brief write-up about ORS 746.290 and how it pertains to repair shops. Please explain?

I am writing content for an online auto body repair shop magazine. Thanks!

Virgil Royer
Virgil Royer
answered on Aug 3, 2020

Oregon law does not allow insurers to dictate where a person needs to take their vehicle for repairs. They can make a recommendation. But, they are required to also provide notice through ORS 746.290 of ORS 746.280. In short, while insurance companies can recommend certain repair shops, they have... View More

2 Answers | Asked in Car Accidents for Oregon on
Q: I am uninsured driver and my car was smashed by an insured driver who ran a red light

I have the claim number and was told to go to a shop and get a quote. Am I allowed to get my car fixed or to accept payment since I am not insured?

Virgil Royer
Virgil Royer
answered on Jun 10, 2020

Yes. That's the quick answer. It appears that you have a very easy claim with regard to liability. If someone runs through a red light and smashes into your car, it is hard to think of a situation where they are not at-fault. The fact that you are not insured means that you cannot recover for... View More

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2 Answers | Asked in Collections, Traffic Tickets, Car Accidents and Insurance Defense for Oregon on
Q: I was in a fender bender where I rear ended someone, now I’m being sent to collections and they say my license will be

Suspended if I don’t make a Minimum payment if 1000 down and 100 a month. When I got in the accident I had just bought a car the night before from a personal buyer and had not had a chance to put insurance on it in the less the lab 24 hours after having it. I bought the car on 4/20/20 at 7pm, and... View More

Virgil Royer
Virgil Royer
answered on Jun 5, 2020

First, the collection agency is collecting a debt. They are not the Department of Motor Vehicles (DMV) and have no power to suspend your driving privilege. Second, you mentioned "grace" period. Did your insurance company deny coverage for this accident even though you just bought the car?... View More

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1 Answer | Asked in Collections, Traffic Tickets, Car Accidents and Insurance Defense for Oregon on
Q: I was in a fender bender where I rear ended someone, now I’m being sent to collections and they say my license can be

Suspended if I don’t make a Minimum payment if 1000 down and 100 a month. When I got in the accident I had just bought a car the night before from a personal buyer and had not had a chance to put insurance on it in the less the lab 24 hours after having it. I bought the car on 4/20/20 at 7pm, and... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 5, 2020

you asked this twice. Check the answer I and others gave. This looks like an identical post.

2 Answers | Asked in Car Accidents for Oregon on
Q: My wife just got in a accident with my 2 month old son in the car with a unlicensed driver who was only 15.

Our cars breaks didn't react fast enough to stop and they t-boned the car on the side my son was sitting. Everyone is fine, besides for bumps and bruises. I'm wondering what to do beyond filing with insurance, which has already been done? And what to expect?

Virgil Royer
Virgil Royer
answered on Apr 23, 2020

I am very sorry this accident happened to your family. I am glad everyone seems fine--except for bumps and bruises. It is difficult to tell from this question who might be at-fault. If the brakes were not working due to failure to fix them, knowing they were in need of repair, that could be an... View More

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