The moment you get into a car accident in Portland, the clock starts ticking. You need to seek medical attention immediately. You also have to quickly contend with any car repairs or replacement of your ride if the car is totaled.
The clock also begins with the statute of limitations. This is the amount of time you have to file a lawsuit.
In Portland, you have two years to file that civil complaint from the date of the accident.
Two years seems like a lot of time. However, when you factor in the insurance claims process that has to happen before your lawsuit, the two years go by fast. That’s why you want to get an experienced Portland car accident lawyer involved in your claim as quickly as possible. Your attorney will ensure that you won’t miss those vital filing deadlines.
Here’s what you need to know about filing an accident claim in Portland:
Understanding the Oregon Statute of Limitations for Car Accidents
Each state sets a statute of limitations for filing personal injury claims. The goal is to prevent frivolous lawsuits from being filed. In Portland, any car accident case must be filed within 2 years of the accident.
That includes any accident involving a passenger, pedestrian, or cyclist.
If your car or any personal property was damaged, you have six years from the date of the crash to file a claim. However, most often, claims for personal injuries and property are filed along with personal injury claims. Separating the property damage might complicate your pursuit of compensation.
If there was a fatality caused by a negligent driver, the surviving family members have 3 years from the date of death, not the accident, to file a lawsuit.
Exceptions That May Alter Your Filing Deadline in Portland
If you miss the filing deadlines for the statute of limitations laws, your case would be dismissed, and you wouldn’t be entitled to seek any damages. That would only change if the exceptions to the filing deadline changed. Those exceptions are the following:
- Minors – If the injured person was under 18 at the time of the accident, the statute of limitations clock doesn’t start until their 18th birthday.
- Mental Incapacity – If the victim is mentally unable to file a claim, the statute may be paused.
- At-Fault Driver Leaves the State – If the at-fault driver moves to another state or goes into hiding, the clock may pause until they either return or can be served with the court order.
Why the Insurance Claim Timeline Differs From Legal Deadlines
Before you can file your civil lawsuit, you have to go through the insurance claim process.
In other words, you can’t sue an insurance company unless you give them the opportunity to do what is right. That is the core difference between an insurance claim timeline and a legal deadline.
An insurance company has contractual obligations to its policyholders to provide a response. That response might be approval, denial, or a lowball settlement offer. To get there, the company will be conducting its own investigation, which could take several weeks to months.
In order to get the claims process started, you first have to report the accident.
Every insurance company has specific requirements for when you should report the accident and when to follow up with an actual claim. Those are additional contractual obligations you’re bound by.
How a Portland Car Accident Attorney Protects Your Timeline
Not every car accident will be “cut and dry.” There can be issues with establishing additional liable parties. That is common in claims involving truck accidents, where the trucking company or cargo loaders could be held accountable for a portion of the accident.
Also, it is not inconceivable that an insurance company might attempt to delay its investigation by requesting additional information or switching adjusters. If it appears that they are attempting to run out the clock so you will miss the filing deadline, your Portland car accident attorney can step in and put a halt to the delay.
Dozier Law Group has helped many clients achieve fair compensation for images and damage sustained in a car accident caused by another driver.
We bring over 25 years of negotiating and litigation experience into every case. We like to think of ourselves as your partner in justice who will fight tirelessly to help our clients achieve the maximum possible amount for their injuries and pain and suffering.
Reach out to the Dozier Law Group for a free consultation to discuss your options.
Don’t let time run out and keep you from what you’re entitled to in a personal injury lawsuit.