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Oregon Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Oregon on
Q: I was just given a citation today for a accident I was in last month and the date is incorrect. I live in Oregon.

The accident was longer than 30 days ago.

Brad  Holbrook
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answered on May 30, 2023

I understand your question to be does the fact the date is wrong on your citation affect whether it is valid? If the date is wrong on the citation, it does not mean the citation is simply going to be thrown out. The officer can amend the citation. There are many defenses to a traffic citation, and... Read more »

3 Answers | Asked in Car Accidents and Insurance Defense for Oregon on
Q: My husband was killed in a car accident deemed his fault. Other driver is suing my insurance company and maybe me

personally. What kind of attorney do I need to talk to about this? I was not involved in the accident at all.

Brad  Holbrook
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answered on May 17, 2023

First, please let me offer my condelances on your loss. I realize that this makes it much more difficult to handle these "legal" matters associated with your husband's passing. You will need likely to need to consider how to protect yourself. Your question deals with a claim agaisnt... Read more »

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3 Answers | Asked in Car Accidents and Insurance Defense for Oregon on
Q: My husband was killed in a car accident deemed his fault. Other driver is suing my insurance company and maybe me

personally. What kind of attorney do I need to talk to about this? I was not involved in the accident at all.

Mark A. Siesel
PREMIUM
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answered on May 15, 2023

If the car was not owned by you and you did not give your late husband permission to operate the vehicle, I see no basis for liability against you personally for this crash. If you are sued, and the auto liability insurance company does not provide a defense to you, you can retain your own private... Read more »

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4 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: Do I have options? my spouse was driving and crashed involving just our vehicle. I broke my back can i be compensated.
Vincent J. Bernabei
Vincent J. Bernabei
answered on May 9, 2023

In General:

A common scenario arises when the injured person is a passenger who brings a negligence claim against the driver of the same vehicle. The driver and passenger may be insured against liability under the same policy, either because they are members of the same household or because...
Read more »

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1 Answer | Asked in Car Accidents and Contracts for Oregon on
Q: Can insurance companies ask you for your rental lease during a claims investigation? I live in Oregon by the way.

There was an accident, and I think they are trying to determine where I Lived at the time of the accident. I already told them my living situation at the time.

Tim Akpinar
Tim Akpinar
answered on May 2, 2023

An Oregon attorney could advise best, but your question remains open for a week. Until you're able to check with a local attorney on specific Oregon laws, the general rule nationwide is that insurance carriers can make reasonable requests for information necessary to verify the validity of a... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Oregon on
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... Read more »

Brad  Holbrook
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answered on Apr 29, 2023

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... Read more »

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2 Answers | Asked in Car Accidents and Personal Injury for Oregon on
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... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Apr 28, 2023

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... Read more »

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1 Answer | Asked in Car Accidents for Oregon on
Q: I was in an automobile accident when I was 19. I was unable to speak for myself then. I am 48 now, how can I find out

If there is one in affect? And why would it be affective in oregon financially

Tim Akpinar
Tim Akpinar
answered on Nov 19, 2022

An Oregon attorney could advise best, but your question remains open for four weeks. Nationwide, jurisdictions do toll statutes of limitations under certain circumstances, but it looks like twenty-nine years have elapsed here. That's a long time under the most liberal of civil procedure... Read more »

1 Answer | Asked in Car Accidents for Oregon on
Q: Can I sue my employer for not allowing me to turn in a patient for a hit and run that is financially impacting me?

My car was parked and a patient backed into it and drove off. There were many witnesses who confirmed it was a patient at my job but due to hipaa, my job says I can not press any charges to help pay for repairs on my vehicle. Insurance says if we know who did it, we would not have to pay any fees... Read more »

Brad  Holbrook
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answered on Oct 28, 2022

I do not how HIPAA would affect your ability to pursue a hit and run case against the patient. Driving a motor vehcile in the parking is wholly unrelated to treatment and medical charts. I think your employer is wrong, if, in fact, that is what they are alleging. The act of striking a vechicle is... Read more »

1 Answer | Asked in Car Accidents and Small Claims for Oregon on
Q: I rolled a friend's side by side I had permission He gave me a bill for 13k. I can't pay it so he's suing me Am I liable

The bill was typed by him and not from a shop. I've asked him to turn it in to insurance but he won't. He's now threatening to sue me. I will happily pay the deductible but can't pay the 13k he wants in cash. What are my options? I was actually a volunteer employee at an event... Read more »

Brad  Holbrook
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answered on Oct 24, 2022

First, I am very sorry about your accident. Second, I am glad that you did not say you were injured in the acccident.

Last, are you liable? This is not something that I can completely answer without knowing all the facts of the accident. However, if you were driving in a negligent and/or...
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1 Answer | Asked in Car Accidents for Oregon on
Q: Roommate backed into my parked car. She said she would file a claim but has yet to do so

It's been two weeks. Do I call the police? What do I need to do to compel her to take care of this? I obtained estimates and damage is $2500

Jennie Lynn Clark
Jennie Lynn Clark
answered on Oct 8, 2022

Your roommate as a duty to give you a copy of her driver's license and insurance. If she refuses to do so, I would make a non-emergency police report, DMV report and also let your insurance know if you have full coverage. They can pay for the damage and then they can collect from her... Read more »

1 Answer | Asked in Car Accidents for Oregon on
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... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 29, 2022

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... Read more »

1 Answer | Asked in Consumer Law, Car Accidents, Civil Litigation and Insurance Bad Faith for Oregon on
Q: Can I sue my insurance company for stringing me along and not paying out on a claim that's affecting my work and housing

Right off the bat I had to sign a huge stack of papers which I was kind of unsure signing to begin with, but it was a relinquishing my the information from all bank accounts all of my person to person pay apps that. my call log on my phone all any phone records. I also had to provide phone numbers... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 21, 2022

You must have a basis to sue your insurance company. You cannot sue your car company merely for asking for documentation to support a claim you are making. To answer this question, more context is needed. What is the underlying claim you are making that would entitle you to insurance coverage?... Read more »

1 Answer | Asked in Car Accidents for Oregon on
Q: My unlicensed 19 yo in oregon, not listed on my ins, took my car w/o my consent and got in an accident. Will ins Cover?

I live in oregon and my son recently moved in with me and got his learner’s permit. I left town for the weekend and he took my car without my knowing and crashed into another vehicle (everyone is okay). He is not listed on my insurance. I just forgot. I listed my other child the moment they got... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 18, 2022

This answer cannot be answered without fully reviewing your insurance policy. That said, most insurance policies require that you have someone on the policy if that person lives with you and drives the car. If you had reported it stolen before it got in an accident, I think you would have been... Read more »

1 Answer | Asked in Car Accidents for Oregon on
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.... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2022

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... Read more »

2 Answers | Asked in Car Accidents for Oregon on
Q: Where to find an attorney for hit and run motor vehicle accident?

Type of accident: Hit & run (documented in police report)

Driver (victim): Oregon resident

Accident location: Idaho (twenty miles from Oregon border, on westbound side of highway)

Policy: Vermont, major insurer

Coverage: Uninsured motorist

Where should... Read more »

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 13, 2021

If you and the at-fault driver are residents of Oregon, then you have the option of filing suit in Oregon or Idaho. In Oregon, you would have to file suit in the county in which the at-fault driver resides or the insurer conducts business. If the insurer conducts business in ID and OR, which is... Read more »

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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... Read 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... Read 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... Read 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... Read 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"... Read 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

Jennie Lynn Clark
Jennie Lynn 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...
Read more »

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