What To Do If You Have Been In An Auto Accident
Our firm represents clients who have suffered serious injuries in automobile
accidents. We are experienced in handling very serious injuries, including
death, spinal and brain injuries, fractured bones, damages organs, etc.
According to the National Highway Traffic Safety Administration, a car
accident occurs every 10 seconds in this country.
Oregon law requires that every person who operates an automobile must
exercise “reasonable and ordinary care” under the circumstances. A failure
to use reasonable care is considered negligence. A negligent driver is
responsible for paying for any damage he or she causes to a third person.
In many cases, negligent drivers admit fault. Unfortunately, their insurance
companies will sometimes invent some rationale for claiming the other party
is at fault.
AT THE SCENE
You need to gather all evidence immediately. This means asking all witnesses
for their contact information, as well as getting all identification and
insurance information from the at-fault driver. Unfortunately, a person can
be in shock or suffering from a serious injury that prevents him from
gathering this information. If this is the case, hopefully a family member
or friend can obtain the necessary data for you.
AFTER THE COLLISION
It is crucial to investigate the accident scene immediately. It is essential
to take photographs of the scene to record all physical evidence, such as
skid marks and broken glass. It is also important to take statements from
everyone who witnessed the collision. It’s not uncommon for the at-fault
driver to admit negligence at the scene, but later change his story. And
insurance companies often invent reasons to avoid responsibility. That’s why
our firm hires professional investigators to preserve all the evidence to
protect our clients.
After the collision you should call your insurance company immediately to
report the incident. They will assign you a claim number. Write the number
down and keep it handy for future reference.
The other insurance company may call you and ask you to given a recorded
statement over the telephone. Do not give a recorded statement to the other
insurance company. These statements will be used against you, and you have
nothing to gain by giving such a statement.
Oregon law requires filling out an accident report with the Department of
Motor Vehicles within 72 hours of the collision. This can be obtained
on-line.
MEDICAL COVERAGE
Oregon law requires your insurance company to pay for your doctor bills
after a motor vehicle collision, up to $15,000 and for one year after the
collision. You are free to see any doctor you choose. You should take with
you the claim number assigned by your insurance company, so the doctor’s
office can bill them directly.
DAMAGES FOR EXPENSES
The insurance company for the at-fault driver is responsible for paying for
all of your expenses (up to the policy limits). This can include paying for
your vehicle damage, whether it’s repaired or it’s a total loss. Lost
earnings and lost earning capacity are also awarded. Usually the insurance
company will require proof of earnings history in order to pay these
damages. The insurance company should also pay all other out-of-pocket
expenses that are reasonably justified, such as paying for a rental car,
necessary childcare costs, etc.
DAMAGES FOR PAIN AND SUFFERING
Oregon law allows “noneconomic damages”, which means compensation for the
pain, suffering, and inconvenience you incur because of another’s
carelessness. It’s always difficult to determine what is fair compensation,
but generally juries will take into account such factors as the nature of
your injury, the length of medical treatment, the extent the injury
interfered with your everyday activities, and whether there is any permanent
impairment.
WHY IT’S NECESSARY TO OBTAIN AN ATTORNEY
It is almost impossible for a motor vehicle accident victim to get fair
treatment from an insurance company without the help of a good, aggressive
lawyer. We know your rights. And we know how to make the insurance company
pay you what you’re entitled to. Most cases can be resolved without having
to file a lawsuit, but sometimes it takes a lawsuit to get the insurance
company’s attention. And sometimes it’s necessary to take the case all the
way to a jury trial.
We’ll give your case the personal attention it deserves. If you’ve been in a
motor vehicle collision, give us a call and set up a free consultation.
