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Oregon Car Accidents Questions & Answers
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

2 Answers | Asked in Car Accidents for Oregon on
Q: In Oregon I was in an accident with a driver who did not have an operators license.

he was not driving his own vehicle. The woman's car he was driving did not have insurance. I sued them in small claims court for my car repair costs. Now, they have filed a counter claim for their vehicle. Can I be held responsible?

Joanne Reisman
Joanne Reisman
answered on Jan 20, 2018

Possibly. Call your insurance. Their counterclaim just triggered your insurance company to have to defend you under the terms of your policy. (Did you have full coverage? If so you should just get your repairs paid under your full coverage and your insurance company will go after the other... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: How do I prove that someone who hit me with their car when I was a pedestrian owed me a legal duty and was negligent?
Mario F. Riquelme
PREMIUM
Mario F. Riquelme
answered on Jan 10, 2018

This depends on the facts of your case. First you have to figure out what the legal duty was. Generally, drivers of motor vehicles have a duty to avoid collisions of any nature. This duty is heightened when it comes to collisions where pedestrians are likely to be found (crosswalks, etc.) Once... View More

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1 Answer | Asked in Car Accidents for Oregon on
Q: If I'm insured driving an uninsured vehicle, am I covered?

I have coverage on my current vehicle. I purchased an additional vehicle and got into an accident due to weather conditions/icy road. I had just purchased it and had not yet added it to policy nor got the registration switched. What do I do?

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

You should be covered depending on when you actually purchased the new car and the terms of your insurance policy. Most insurers will give you a 10 day window in which to obtain coverage on a recently purchased car. Your policy will contain the information you need.

1 Answer | Asked in Car Accidents and Products Liability for Oregon on
Q: Me and my son bought a 2007 subaru wrx sti from a car lot in Portlland Or. for $18900.

driving home from car lot about 20 miles down the road the left front wheel fell off and damaged the car and wheel and some other things. thankfully he was off the freeway. we called the car lot and they told us we bought the car as is and it was our problem. so we had the car toed home. I feel... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2018

Have a mechanic give you an estimate for the repairs, say what happened on it. Get it fixed. File a complaint with whatever agencies license used car sales as well as the AG's bureau of consumer protection.

If you were injured contact a member of the Oregon Assn for Justice--they give...
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1 Answer | Asked in Car Accidents and Criminal Law for Oregon on
Q: I hit an unoccupied parked car and did minimal damage, but I panicked because I don’t have insurance and it was my dads

Truck, so I left. I want to go to the police station and turn myself in. I didn’t even think about putting my information down for that car. What should I do?

Peter N. Munsing
Peter N. Munsing
answered on Dec 15, 2017

Because there is a citation associated you will want to consult someone who handles tickets for that county. You will want to report it to your dad's insurance.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Oregon on
Q: Does insurance pay a total loss based on value of a car or the price paid? Do they require a bill of sale?

I purchased a unique 66 mustang from a private owner. Long story short 2 hours after the sale some older lady came out of nowhere & smashed both my cars which I paid in full (parked behind each other) to total loss status. No bill of sale was made in the process because Oregon does not require... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 12, 2017

They want proof of ownership. How you work that is up to you. However, the issue is what the value is.

Likewise on #2. Unless your policy has replacement value you don't get it in most states.

You can check with the insurance commissioner for your state as to what they can ask...
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2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: If I was awarded a 150,000 settlement to which I was 25% at fault and have 25% attorney fees. What is the payable amount

No other costs incurred, state of Oregon

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 2, 2017

Hard to say, as you may have your terminology confused. If you settled for $150k, then you settled for that amount which reflects any discount (or should). If you got a jury verdict for $150k, with a 25% reduction then the award is $112,500, and your attorney would take 25% of that, which is... View More

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2 Answers | Asked in Car Accidents for Oregon on
Q: I was hit by an uninsured and unlicensed driver in Oregon. Now I have a car that is totaled.Where to start?

Thank you. I only have bodily injury coverage under my UM. Since I am not hurt, I was curious as to how I would get someone to access the damages to my car for small claims court. I've looked into my demand letter and needed to know how to get an estimate for the replacement value of my... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Nov 15, 2017

You should start with your own insurance policy to see if you have coverage for the damage to your vehicle. If you were injured, your insurance will immediately pay Personal Injury Protection benefits, usually medical expenses of up to $15,000 and lost wages of up to $3,000 per month.... View More

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1 Answer | Asked in Car Accidents for Oregon on
Q: I accidentally backed into a car in the parking lot. He is claiming damage that likely wasn’t me

When I bumped his car, I checked for damage, noticed the license plate cover (a plastic box sticking out 2” from car) was broken. Next to the plate, about 2” up there was a slight scuff. It was dark and didn’t look like anything. We work in the same building, and I checked the measurements of... View More

Joanne Reisman
Joanne Reisman
answered on Nov 7, 2017

You need to turn it over to your insurance, tell your insurance your suspicions that the other driver is embellishing on the damage, and let them deal with it. The insurance company will put a lot of time and money into defending the claim if they think there is a chance to get out of paying the... View More

1 Answer | Asked in Car Accidents and Criminal Law for Oregon on
Q: My son was involved in a car accident on a rural road running the stop sign. The stop sign was covered by trees.

My son was not texting, drink, on drugs or speeding and almost lost is life with life altering injury's. He was hit by a lady that broke her leg and the car behind her, hit her and he broke his leg. Since he was not drinking, texting, on drugs or speeding, Would it be considered an assault charge?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 11, 2017

I am sorry to hear of your son's accident. It is unlikely that your son would be charged with assault, and even more unlikely that he would be convicted of assault under the circumstances you describe. The others who were injured may have a claim against your son if he was negligent in... View More

2 Answers | Asked in Car Accidents for Oregon on
Q: My mom was in an accident last year (assumed her fault, in Oregon) and is now being sued for 500,000.

My mom was in an accident last year (assumed her fault, in Oregon) and is now being sued for 500,000. Claim- this small accident caused her (plaintiff) PTSD which led to her suicide attempt. Her ankle was injured yet nothing exotic. How worried should we be?

Joanne Reisman
Joanne Reisman
answered on Oct 8, 2017

You mother just needs to turn this over to her car insurance company. Insurance companies put a lot of effort into defending these cases and often the opening amount that the complaint alleges is just a starting point for negotiation or juries will award less. Proving that a car accident led to... View More

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1 Answer | Asked in Personal Injury, Traffic Tickets and Car Accidents for Oregon on
Q: Is a 90s Chevy Suburban able to be used as an Implement of husbandry? It's used for work between two farms.

I read that as long as it's used for farm work, isn't loaded over 8,000 pounds and isn't wider than 8 1/2 feet it could qualify as an Implement of husbandry. Is this correct, seeing how the Suburban isn't 8 1/2 feet wide and wasn't pulling a trailer or was it loaded with... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2017

Let's see you want to get out of something and think a judge or cop will be really sympathetic with a stretch like this.

If you are a AAA member your motor club can at least help you with background on the definitition. Generally the laws are written that if it walks like a duck and...
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1 Answer | Asked in Products Liability and Car Accidents for Oregon on
Q: shift gear doesnt lock on 2010 ram

So a few days ago, i parked and turn off my truck and told my kids to unlock them self while i check mail, which is a few steps away. Keep in mind truck was off&parked, i had the keys on my hand and then i look over my shoulder and the truck is moving. I run towards the truck because my kids... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2017

A few years back, Jeep had similar issue, causing death and injuries. Possibly same issues, since Dodge is part of same company.

Call this law firm, which handles class actions, to see if they can help.

www.ButlerWooten.com

1-800-213-5343

Ask for Joel Wooten or Jim...
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1 Answer | Asked in Car Accidents, Criminal Law and Juvenile Law for Oregon on
Q: What is the charge for a 17 year old girl that hits another girl with car and she doesn't die
Joanne Reisman
Joanne Reisman
answered on Aug 9, 2017

"What is the charge" - I assume you are concerned with what type of criminal charges could be brought - and no one is gong to be able tell you that. It depends whether a related crime was committed. Hitting someone could also be an accident in which case there are no criminal charges.... View More

2 Answers | Asked in Car Accidents for Oregon on
Q: I had back surgery about 5 years and all was fine got in a car sccident and my back been hurting. Can i sue?
Joanne Reisman
Joanne Reisman
answered on Aug 5, 2017

If you have been in an accident in Oregon and the date of the accident was within the last two years, you would still have thr right to seek damages for any injuries related to the accident. Your injuries can involve the aggravation of a prior injury or claiming that you were more susceptible to... View More

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1 Answer | Asked in Car Accidents for Oregon on
Q: What do I do?

I was rear ended and their insurance agreed to pay pain and suffering as well as medical up to a certain date. The medical office I went to contacted the insurance company who told them that we settled and they will not be paying my medical.

Joanne Reisman
Joanne Reisman
answered on Jul 8, 2017

You are going to need to see an attorney. Both Oregon and Washington insurance policies have PIP medical coverage so regardless of the insurance that the other driver has or any settlement, you are usually entitled to get payments under the insurance policy that covered your vehicle that you were... View More

2 Answers | Asked in Civil Litigation, Family Law, Elder Law and Car Accidents for Oregon on
Q: My parents are 89 & 90. My Dad still drives. He should not be driving. What is my liability?

This is a broad question. Please help me understand what risk my siblings and I may have for our father driving. Is there any case law in Oregon setting precedence? In my mind's eye, we have a moral obligation to the public. My questions are: Knowing our Dad should probably not be driving... View More

Joanne Reisman
Joanne Reisman
answered on Jul 5, 2017

If you father does not live in your house, isn't driving your car, and isn't listed on your car insurance, I don't think you have any legal ties to him such that the damages for an accident he causes will come back on you. The indirect financial problem would be that if he causes an... View More

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1 Answer | Asked in Car Accidents for Oregon on
Q: im being sued for a hit and run my ex was in before he gave signed the car to me, i gave police info and why do i pay

I was pulled over since my car matched the hit and run ans gave officers info that my ex gave me and now im being sued for the accident? I gave police his info and have a restraining order for abuse, did he blame me and now i have to pay or how do i get this resolved

Peter N. Munsing
Peter N. Munsing
answered on Jun 24, 2017

First, if you are sued you need to tell your car insurance. You don't want to give any tape recorded statements to anyone until this gets sorted out.

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