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Oregon Questions & Answers
1 Answer | Asked in Personal Injury for Oregon on
Q: Van and trailer parked construction truck behind it smashed into my trailer causing my van to lunge forward and hit me.

I have no license nor insurance I was in front of my van when he hit it and it hit me .I film his truck and him apologizing to me for doing it and admitting it.

Jennie Lynn Clark
Jennie Lynn Clark
answered on Oct 4, 2022

Normally, you are precluded from getting non-economic damages if you are driving without insurance and have not been insured within the last 6 months. However, it this case, you were not driving. You are allowed to own a car you do not drive. Even if you were driving you would be entitled to... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What happens when a landlord breaks into your place and trashes lt
Gregory L Abbott
Gregory L Abbott
answered on Oct 4, 2022

Depending upon the details, you call the police for burglary and\or sue the landlord for damages.

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Father died no will left behind four children one dog and a house with under 200000. No will

One child filed affidavit for successor and now wont tell us anything about her plan with estate we think she is trying to get the property for herself

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 3, 2022

One or more of the Children Heirs may want to file suit for Sale For Partition.

1 Answer | Asked in Personal Injury, Insurance Bad Faith and Landlord - Tenant for Oregon on
Q: Is it legal for a landlord to have ones neighbors spy and follow them around. Neighbors who share walls document all?

I believe my landlord is colluding with my surrounding neighbors in order to gain information about the way I live so that they may navigate renters insurance the best way. For 6 months this has caused me extreme mental distress to the point where I tried to kill myself out of hopelessness and... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Oct 1, 2022

Hard to see how someone else affects your renters insurance but nothing you have posted appears to be unlawful. Also is very hard to see why you would elect suicide over just moving elsewhere. You would likely be better served to focus your efforts on getting adequate counseling and care rather... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are safety-related window screen requirements for rental homes?

Most of the windows in the one-story home I recently rented out do not have screens. The tenants have asked to have screens installed so that their pets don't escape. When I declined the request today, the rental management company told me that I need to have screens installed in all of the... Read more »

Gregory Abbott
Gregory Abbott
answered on Sep 30, 2022

I know of no legal requirements for a landlord to provide window screens, especially if on a single story. Your insurance company might want it (though how much protection from falling does a screen actually provide?) and in the interests of protecting yourself, with the new lease paperwork you... Read more »

1 Answer | Asked in Contracts and Small Claims for Oregon on
Q: Can I do a small claims on the storage unit where my belongings were all ruined if my mom was the name on the unit
Gregory L Abbott
Gregory L Abbott
answered on Sep 30, 2022

If only mom's name is on the lease, it is likely only Mom can file claims related to the lease.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I be evicted because of a neighbor spreading false information?

My neighbor posted false information about me being a drug trafficker on a Facebook city community page , which is absolutely not true and my landlord saw it and has now given me a eviction notice . I have never had cops at my home or ever been in trouble with the law because of drugs . It is... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Sep 30, 2022

If a straight forward discussion with your landlord won't clear things up, consider retaining an attorney to "explain" things to them. If they insist on going forward, they will have the burden of proof at trial, which sounds to be a hard hurdle for them to meet. If they can't... 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 Real Estate Law and Tax Law for Oregon on
Q: In leaving my house to my step-daughter. Is it better to add her name to the property before I die, or will it to her?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 29, 2022

Executing a Deed to her takes effect now, even if it is a vested Remainder taking possession at your death. Wills must be Probated for the Will to have any effect, which also attracts other relatives and creditors.

2 Answers | Asked in Civil Litigation, Consumer Law, Personal Injury and Civil Rights for Oregon on
Q: Is it legal for hazmat to be called close too floor but management not inform or evacute our building
Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 27, 2022

I am not sure if I understand your question. I understand it to mean that people with hazmat suits recommended closing all or part of a building and management did not follow the recommendation. I am not aware of any laws that require obedience to people wearing hazmat suits. However, if someone... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Is it better to hire an attorney or use a public defender?
Gregory Abbott
Gregory Abbott
answered on Sep 23, 2022

Public defenders are notoriously over-worked and able to devote limited time to each client. A private attorney works for you and will put in as much time as they believe necessary, assuming you can afford to pay them.

The big issue is if you can afford a private attorney, you should not...
Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We are renting a home for 3 years in Josephine County. My adult children live there full time and I am there part time.

I just received an email that states she plans to evict us if we do not giver her 30 days notice. There are some other very uncomfortable issues. Rent has always been paid on time. She did an inspection in May took some pictures and now is telling us to get out and not to repair the minor items... Read more »

Gregory Abbott
Gregory Abbott
answered on Sep 23, 2022

You don't say the basis she alleges for being able to evict you. IF you give her 30 days notice it will be enforceable against you and you cannot retract it without her permission. IF you do NOT give her 30 days notice, she likely cannot evict you (since you have been there more than a year)... Read more »

1 Answer | Asked in Gov & Administrative Law for Oregon on
Q: I own an automobile I wish to donate to a recognized charity. It is garaged in OR, but was moved over 20 years ago ...

... from the last state in which it was registered and has not been registered since. Would there be ramifications to me or the charity about no current registration?

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2022

An Oregon attorney (or an attorney in the last state in which the car was registered) could advise best, but your question remains open for two weeks. In terms of the charity-related issues, it could depend on the organization. Some want a complete folder of paperwork including title, registration,... 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 Elder Law and Probate for Oregon on
Q: Sister added her name to my father's bank accounts, stocks/bonds and vehicles before he passed. She claims it's hers now

She changed his will after he moved in with her. At the time he had Dementia and was on hospice. I didn't realize all this until getting the probate papers and she didn't list all his assets. When I questioned why his accounts were not listed she said her name was on it so it all belongs... Read more »

Theressa Hollis
Theressa Hollis
answered on Sep 20, 2022

I'm very sorry for your loss. You should consult with a probate litigator. You may be able to contest the Will. It may be more difficult reverse the titling of your father's bank accounts and/or vehicles but a probate litigator will be able to give you an estimate of your chances of success.

1 Answer | Asked in Estate Planning for Oregon on
Q: Can a pro se personal representative of a Trust file a lawsuit for damages on behalf of all members of the Trust?
Theressa Hollis
Theressa Hollis
answered on Sep 19, 2022

The person in charge of a Trust is call the Trustee (or Successor Trustee). Yes, the Trustee has authority to file a lawsuit for damages on behalf of the beneficiaries of the Trust. Whether that lawsuit is successful will depend on many factors, of course. When anyone is filing a lawsuit I... 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 Probate for Oregon on
Q: What confirmation do you need to prove as an heir?

I recently found out who my father was through Ancenstry DNA which linked me to my grandmother and Aunts. My father passed away when I was young and never had the chance to know him, however, I had found out my grandfather had passed away and his estate is in probate court. I personally was not... Read more »

Theressa Hollis
Theressa Hollis
answered on Sep 14, 2022

You should contact the attorney and ask him/her what they want for proof of the fact that you are an heir.

If you need further assistance you should hire a probate attorney.

1 Answer | Asked in Insurance Bad Faith for Oregon on
Q: Claim file denied ,denial letter denied . Where can I find a attorney to represent this

Prudential fiduciary administrators have denied denial letters and claim files .

A forgery of a appeal was made by the processors ,

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2022

An Oregon attorney could advise best, but your question remains open for two weeks. A law firm would ask for additional information regarding the claim, denials, appeal, and other file documents before offering direction, but you could use the Find-a-Lawyer tab above to search Oregon attorneys as a... Read more »

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: I gave a puppy to someone in order to pay for it they breed the dog and give me two puppys

The first time we bred she didn't take so we had to wait she went behind my back bred her again had puppy's never told me and won't pay me

Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 11, 2022

Legally she owes you based upon your verbal agreement. However, it may difficult to prove a verbal agreement and impractical to collect even if you do. If the agreement is in writing and the person is a home owner, the agreement will be much easier to enforce.

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