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Oregon Car Accidents Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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 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... Read 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?... Read more »

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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... Read more »

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6 Answers | Asked in Car Accidents and Insurance Bad Faith for Oregon on
Q: Why is the insurance company forcing me to use my PIP to reimburse me for my lost wages for a non-at fault accident?

I was in an accident were liability was determined to be completely the other drivers fault. Both of us have the same insurance carrier (Progressive). The insurance company forced me to use my own PIP to pay my medical bills. I would have rather not used my own policy (PIP) and filed a third... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 8, 2020

Because that is how it works until you settle with the insurer for the at-fault party. That insurer has no obligation to pay you anything until you settle or take them to court. This is why PIP exists, so you can get medical care and lost income while you wait to be able to settle with the other... Read more »

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2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: I was in a accident.I recieved an reward letter for $100, 590.64 my policy is for a $100,000 who is gets the $590.64.
Jennie Lynn Clark
Jennie Lynn Clark answered on Mar 26, 2020

To answer this question, further questions need to be asked. State law could affect the answer. If I had to guess, you have personal injury protection, PIP. In addition to policy limits, there is usually 10-15k of PIP depending on whether you live in Oregon or Washington or whatever state you... Read more »

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1 Answer | Asked in Car Accidents for Oregon on
Q: While exiting a clearly marked parking spot the vehicle next to me opened their door causing the wheel well on my trailo

Damage to their door who's at fault

Tim Akpinar
Tim Akpinar answered on Mar 15, 2020

It could depend on additional facts. Although the person opening a vehicle door is generally responsible, if they did not have enough room to open door adequately to get out, they could claim they were squeezed in with no other choice. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents for Oregon on
Q: While exiting a clearly marked parking spot the vehicle next to me opened their door causing the wheel well on my trailo

Damage to their door who's at fault

Joanne Reisman
Joanne Reisman answered on Mar 3, 2020

Your post has an incomplete sentence. Please re-post with the details more clearly explained.

1 Answer | Asked in Car Accidents for Oregon on
Q: Who is at fault when a driver reversed out of a stall and hit a vehicle driving through the parking lot?

My wife and my 11 year old son was driving through a strip mall, and a Lyft driver reversed out of a parking stall and reversed into the front right side my wife’s car. We had no insurance being that we had the car sold, and my wife had no drivers license.

Peter N. Munsing
Peter N. Munsing answered on Nov 26, 2019

They are at fault. Doesn't matter about your situation. If they were hurt contact a member of the Pa. Assn for Justice. They give free consults. Unfortunately, you may be considered limited tort depending on a number of things.

IF YOU ARE THE REGISTERED OWNER OF A MOTOR VEHICLE YOU...
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3 Answers | Asked in Civil Litigation, Personal Injury and Car Accidents for Oregon on
Q: We received a summons to file a motion and don't think we are a fault. How do we proceed on a limited income?

A 14-yr.-old was struck by a car on the corner by our property in 9/17. We learned of this in August 2019, when we received a letter from a lawyer saying we are partially liable because our hedge was overgrown, and our homeowners insurance should pay. The hedge was overgrown/very tall when we... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 17, 2019

Do what the attorney had said, turn this over to your homeowners insurance. They will then hire an attorney and defend you.

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1 Answer | Asked in Car Accidents for Oregon on
Q: I had an accident. Nobody was hurt. My car and his car were slightly damaged to my bumper and to his wheel.

No witness, no proof to prove someone's fault. We said, "we are OK, no one hurt, just small damage". However to repair his car (I don't need to repair my car) he said he was going to call his insurance company that day later or tomorrow, and so did I. After one day leaving the... Read more »

Joanne Reisman
Joanne Reisman answered on Oct 8, 2019

Your statement is really vague. You can at least tell your insurance adjuster what you know (ie the street you were on, the direction you were driving, what lane you were in, when you first notice the other car, etc) and let the two adjusters figure it out. They will consider stuff like whether... Read more »

1 Answer | Asked in Car Accidents for Oregon on
Q: His car was not damaged at all but the other car was. The guy scared me into saying it was my fault saying If I didn’t

He was going to call police and me without a license didn’t know what to do. So he told his insurance as well as my boyfriends insurance it was my fault. So now I am so scared and don’t know what to do. A claim has been filled with both insurance company’s.

Joanne Reisman
Joanne Reisman answered on Aug 16, 2019

I think you are responding to questions I asked you when I posted a response to a question you posted earlier but I really can't tell for sure as this post is not linked to the prior post. Please understand that the Attorneys who respond don't know who you are and don't work for... Read more »

1 Answer | Asked in Car Accidents for Oregon on
Q: I just got into a car accident and I do not have a ODL it is suspended:( I was driving my boyfriends car with insurance

I stayed and talked with the person and we contacted insurance company’s. But what do I do now?

Joanne Reisman
Joanne Reisman answered on Aug 16, 2019

Definitely tell your boyfriend's insurance. They will probably cover the accident if you had permission to drive his car and your are not a member of his household. If you are a member of his household meaning you live with him, there may be a clause in the policy which excludes members of the... Read more »

3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Oregon on
Q: How can I remove a PIP claim from someone not written on my auto insurance policy?

My mother in law filed a PIP claim against my auto insurance, for an accident I had no involvement in from 11/16. It's is a last ditch effort by her lawyer to get money. She is not written on my policy but did live with us at the time. GEICO has left it in limbo for months and it looks like my... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jul 11, 2019

You can't, and honestly its not a last ditch effort, its what the law is, she is covered if she lived with you. https://www.oregonlaws.org/ors/742.520

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1 Answer | Asked in Car Accidents for Oregon on
Q: If you bumped the back of a car and no one was hurt and there wasn’t any damages but u left the scene what do I do ?

I stopped and came out and check to see if person was ok and persons car was ok and she said no damages but she still has to call the police, so I got back in my car and left because I was scared. What do I do ? I’m scared

Joanne Reisman
Joanne Reisman answered on Jun 22, 2019

If you are 100% sure there were no damages to any persons or property there is probably nothing the other driver can say or do. However a person doesn't always know at the scene of the accident if there are no damages and no injuries. The other driver had the right to get your information -... Read more »

3 Answers | Asked in Car Accidents, Civil Rights, Real Estate Law and Small Claims for Oregon on
Q: A car drove into the side of my house what can I use the driver for? It scared my grandchildren my pets and my family
Joanne Reisman
Joanne Reisman answered on Jun 8, 2019

You can sue the driver for the damage to your house. Emotional damages (pain and suffering) can only be requested by a person who was physically injured.

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