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Oregon Car Accidents Questions & Answers
3 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: If I wasn't wearing a seat-belt when another car side-swiped me, does that mean I can't win a lawsuit for medical bills?
Joanne Reisman
Joanne Reisman
answered on Oct 26, 2018

Assuming this happened in Oregon, Oregon law provides that you can't get the damage component which is known as pain and suffering. You can absolutely still sue for actual monetary damages which would be medical bills past and future, and property damages. The problem that this law creates... View More

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1 Answer | Asked in Criminal Law and Car Accidents for Oregon on
Q: What can happen to me?

I was a passenger in a single vehicle accident. The driver fled but its my truck and I panicked and fled too. The truck flipped but no other cars were involved. I live in Hermiston, Umatilla County, Oregon

Brandon C. Foy
Brandon C. Foy
answered on Oct 23, 2018

You should not post online about or otherwise discuss this incident with anyone until you speak privately with an attorney. You can seek one out on your own, or you can contact the Oregon State Bar's Lawyer Referral Service. This service can refer you to a local lawyer who might be able to... View More

2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: I felt okay after my car accident a few weeks ago, so told

the police I didn't need to go get checked, but now I don't feel well - will the insurance company say it's not because of the accident and not cover it?

Joanne Reisman
Joanne Reisman
answered on Sep 10, 2018

First of all, the opinion of a police officer is not a medical opinion. I suggest you go and get seen by someone who is also covered by your personal medical insurance so that your visit is covered either way. Your medical provider will bill your car insurance for the PIP coverage if you put... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: I was hit by a car while riding my bike. The driver was at fault. My question is, will the fact that I was on meth

Will me being on illegal drugs at the time of the accident ruin my personal injury case?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 20, 2018

If the other side knows about it, of course it will effect it. For one thing (DUII is not my area of practice) if one is convicted of DUII (which includes drugs and includes riding a bicycle) in an accident, you cannot recover anything in that accident for non-economic damages, i.e. pain and... View More

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1 Answer | Asked in Car Accidents for Oregon on
Q: My daughter was involved in an accident where both parties were backing out of parking spots and collided...my question

My question has to do with the fact that the other driver's car registration was expired. Shouldn't he be more at fault for driving the car illegally?

Peter N. Munsing
Peter N. Munsing
answered on Aug 17, 2018

No--that is like saying driving with a minor vehicle infraction gives someone license to hit you. The question is who was where when. Both backing, both may be at fault. If there are injuries, contact a member of the Oregon Assn for Justice-=they give free consults.

2 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: I was recently in a Car accident where a driver was using the special left turn lane as I was exiting a parking lot

One this day it was very sunny and dry, I was stopped at a parking lot exit waiting for southbound lane traffic to allow me to turn on to a special left lane turn so I could merge on to the northbound lanes on the other side, the traffic on the southbound lanes stopped and wave me on to get on the... View More

Joanne Reisman
Joanne Reisman
answered on Aug 14, 2018

You are getting the run around because you don't have an Attorney representing you. Yes, absolutely your have the right to turn in the middle turn lane and other drivers can only use that lane to start and finish turns, not for direct travel. That's why the guy got the ticket. But... View More

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1 Answer | Asked in Personal Injury and Car Accidents for Oregon on
Q: In a personal injury case, I'm being sued, can they take my military disability compensation income? Or retired income?

Or put a lien on my house?

Joanne Reisman
Joanne Reisman
answered on Aug 14, 2018

i would hope that you have car insurance and your insurance company is defending you. The majority of these case will settle at or below your policy limits assuming you have insurance. If the damages were very severe and could exceed your policy limits you could be at risk.

You can...
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2 Answers | Asked in Car Accidents for Oregon on
Q: Car accident, Portland OR. Insurance says we automatically at fault in our situation. True or can we argue? See detail.

Portland OR, T intersection, school zone, 3 PM today. Turning left onto main road from side road. Visibility to left about 100 feet (I checked map scale), and we know 20 mph stop distance is around 40-50 ft, so road looks clear. Clear both ways, pull out, NOW car from left appears, clearly moving... View More

Joanne Reisman
Joanne Reisman
answered on Jun 8, 2018

Insurance companies will say all sorts of BS to get out of paying a claim and Geico is notorious for playing games. I can't really tell from reading your description what the fault would be but usually a Personal Injury Lawyer would be willing to talk to you at no charge and evaluate the case... View More

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2 Answers | Asked in Car Accidents for Oregon on
Q: I am uninsured and was hit by an insured driver. It was their fault but they want me to pay their damages what can I do?

His damages are probably 2500 and mine were less then $50 and already taken care of. He didn’t call police since I had no insurance he said they would seize my car in Oregon, I’m from Washington. I have a witness also saying it was his fault. If he files a claim will his insurance pay his... View More

Joanne Reisman
Joanne Reisman
answered on Jun 5, 2018

It is hard to say what the other driver will do and it is very unfortunate that you don't have insurance as the insurance would have defended you. You could go and talk to an attorney now to develop your defense strategy or you could just wait and see what happens. I want to warn you that... View More

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1 Answer | Asked in Car Accidents for Oregon on
Q: I was involved in a car accident where the guy backed into my company van.

It happened in a bank parking lot and I was waiting behind him to go threw to park my van on the street since the bank didn’t allow parking in their parking lot before 6 pm. It was around 4:30. Do I fill out the accident report for the dmv or does my employer?

Joanne Reisman
Joanne Reisman
answered on May 15, 2018

I would coordinate filling out and filing the accident report with your employer. Just make sure it gets done if it is required under Oregon Law. Note: note very accident requires the filing of an accident report with Oregon DMV. Accidents with very little or no damage to the vehicles and no... View More

1 Answer | Asked in Car Accidents for Oregon on
Q: I am trying to find out if it's required in Oregon to have uninsured motorist coverage?

I was in a car accident a few months ago...a lady ran a red light & hit my car. She was uninsured & has a suspended license. My car is damaged & my insurance company at the time (MetLife) said they won't pay to fix it because I didn't have uninsured motorist coverage but... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 4, 2018

Uninsured motorist coverage is mandatory in Oregon. The coverage amount is the same as the bodily injury coverage in your policy unless you have specifically waived that in writing. If you agreed in writing to a reduced amount of coverage, you still must have UM coverage of at least $25,000. I... View More

4 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: i was hit today by a dump truck from a big company, i am not at fault, but i dont have a license but have sr22.

i had right of way, he had a stop sign, i was turning and he hit me. what do i do now?

David Alan Wolf
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answered on Mar 28, 2018

Most attorneys will provide a free consultation. Contact a local attorney to find out your legal rights as to compensation and coverage for property damage and / or personal injuries. While AVVO is a wonderful forum, it is not a substitute for having the legal advice from an attorney as to the... View More

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2 Answers | Asked in Car Accidents for Oregon on
Q: Can my settlement amount be lowered after I agree to an amount?

I was in a passenger in a minor car accident, and I suffered whiplash and back strain. I went to the hospitial that night and chiropractor following the suggestions of the doctor and to help alleviate pain. We were not at fault as we were rear-ended and at a complete stop. I am the last person to... View More

Joanne Reisman
Joanne Reisman
answered on Feb 28, 2018

It is really confusing to figure out what is going on and whether you still have a viable claim. Call and attorney and make an appointment to discuss this in person and bring all your documents including emails and text messages that show what was discussed and what was agreed to. It is an... View More

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1 Answer | Asked in Family Law, Car Accidents, Civil Rights and Probate for Oregon on
Q: Can my daughter's boyfriend hold her things hostage from me? My daughter passed away. What should I do???

My daughter still has half of her belongings in my garage. She was bringing things back and forth. Unsure of her relationship. She only dated him for 10 months. Lived with him maybe 5 of those months. I'm just wanting my daughter's hope chest with everything that was in it. Computer and... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2018

Talk to a lawyer who handles estates. He can write the jerk.

2 Answers | Asked in Car Accidents for Oregon on
Q: I was a victim of a hit and run, my car was damaged no one was hurt. Is there any legal action I can take?

The person who hit and left the scene, filed a claim, also I did as well. The police are involved already. He has admitted responsibility to his insurance.

Joanne Reisman
Joanne Reisman
answered on Feb 19, 2018

If he has insurance under Oregon Law the insurance company is required to quickly settle the damage claim with you. If you have full coverage you can just use your own insurance, pay the deductible, and wait for your insurance company to deal with the other drive and your insurance. They will... View More

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1 Answer | Asked in Car Accidents and Legal Malpractice for Oregon on
Q: What are my options if my lawyer refuses to give me the 50/50 we agreed on
Joanne Reisman
Joanne Reisman
answered on Feb 12, 2018

First of all make sure you understand what your lawyer is stating about your agreement. Most agreements have an additional clause that the client must pay expenses out of the client's share of the recovery. So if that is what is going on your share would be 1/2 minus the expenses. There... View More

5 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: If I am hit from behind by someone with car insurance who admits it's their fault and they would pay for the damage.

When I file a claim I later found out I apparently didn't have insurance but I was suppose to have insurance, what happens. My truck is really damage and I have being have a lot of neck and back pain. At first the driver was saying she was going to pay for the damage now she is saying she is... View More

Mario F. Riquelme
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Mario F. Riquelme
answered on Feb 12, 2018

You may be in a tough position in certain regards if you were driving without insurance, this is the case whether you knew about it or not. In Oregon, you are barred from recovering non-economic damages for a loss that occurs while driving uninsured. There are certain exceptions, but this can get... View More

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1 Answer | Asked in Car Accidents and Insurance Defense for Oregon on
Q: Broke car now running and had a minor fender bender ( $1k dmg.) I had no insurance at the time. What to do?

Just went to get gas and pulling out of driveway bumped driver headed down the road. Bent in the fender and cracked the bumper cover. Gave my # and offered reimbursement to driver. His car was rented from Ziopcar.

Joanne Reisman
Joanne Reisman
answered on Jan 27, 2018

I am sure that he turned it over to his insurance or the Zipcar insurance. Someone will call you and ask you to pay the bill. Don't be suckered however. Only pay the repair bill if it includes a complete release of ALL LIABILITY for the accident and from the driver. Keep in mind that this... View More

2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: I got in an car accident with a bicyclist who wasn't wearing a helmet.

Does my insurance still need to pay for any preventable head-related injuries? It was his fault for not wearing a helmet.

Robert D. Kreisman
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Robert D. Kreisman
answered on Feb 18, 2018

The fact that the injured bicyclist was not wearing a protective helmet would not be an issue that could diminish the the value of the case to the plaintiff who was injured. In fact, most lawyers would submit a motion in limine to prevent the lack of a helmet to be introduced as a factor in the... View More

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1 Answer | Asked in Car Accidents for Oregon on
Q: Served for an accident which happened 2 years ago. Date in service is wrong (by 2 years) Is this still applicable?
Joanne Reisman
Joanne Reisman
answered on Jan 23, 2018

I don't know what you mean by the date in service is wrong? Service is the day they hand you the papers, not the day the papers you were handed were signed. There will be another document that will be filed with the court which should have the correct date of service when it hits the court.... View More

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