Picture this: You’re involved in a car accident that wasn’t your fault. After the initial shock wears off and you start addressing the costs of repairs, medical bills, and lost wages, a particularly troubling fact emerges. The driver responsible for the accident either has inadequate insurance coverage or, worse, none at all. What now?
For many Oregon drivers, this scenario is an unfortunate reality. This post explores how uninsured and underinsured motorist (UM/UIM) coverage works in Oregon, steps to take after an accident, and the role an attorney can play in securing your compensation.
The Problem with Uninsured and Underinsured Drivers
Despite legal requirements in Oregon mandating liability insurance, not all drivers comply. Some ignore these laws entirely, while others carry only the minimum-allowed coverage, which may fall far short of covering the costs of an accident.
Why This Matters:
- Uninsured Drivers: These are drivers who operate a vehicle with no liability insurance at all. According to the Insurance Research Council, an estimated 1 in 8 drivers in the U.S. is uninsured.
- Underinsured Drivers: These drivers have liability insurance, but their policy limits are too low to cover the damages they cause during an accident.
Both scenarios can create significant financial challenges for the victim, leaving you with out-of-pocket expenses unless you take a proactive approach to protect yourself.
How Uninsured/Underinsured Motorist Coverage Works in Oregon
Every insurance policy in Oregon must include uninsured and underinsured motorist (UM/UIM) coverage unless the policyholder actively opts out in writing. This coverage is designed to fill the gap when the at-fault driver cannot pay for the damages.
What Does UM/UIM Coverage Include?
- Medical expenses: Covers hospital bills, prescription medication, physical therapy, and other medical costs related to the accident.
- Lost wages: Compensates for the income you lose while recovering from your injuries.
- Property damage: Covers repair or replacement costs for your vehicle or other damaged property.
- Pain and suffering: Provides compensation for emotional distress, diminished quality of life, or other non-economic damages.
Minimum Coverage Limits in Oregon
Under Oregon law, UM/UIM coverage must equal the liability coverage you select for your policy. For example, if your liability limits are $25,000 per person and $50,000 per accident, your UM/UIM coverage must match those amounts unless waived.
Why You Need UM/UIM Coverage
Even though it’s legally required, many drivers are unaware of this safeguard. Skipping coverage to lower premiums may seem tempting, but it could leave you vulnerable. UM/UIM coverage ensures you won’t face financial ruin when someone else’s lack of preparation becomes your legal headache.
Steps to Take After an Accident with an Uninsured or Underinsured Driver
Dealing with a motorist who lacks adequate insurance coverage requires extra diligence to protect your rights and financial well-being. Here’s what to do immediately after the accident.
1. Prioritize Safety and Seek Medical Attention
Your safety and health are the top priorities. Move to a safe location and call 911 to report injuries. Even if you feel fine at first, seek medical attention promptly, as some injuries may not show symptoms until hours or days later.
2. Gather Evidence at the Scene
If it’s safe to do so, document the accident thoroughly:
- Take photos of the vehicles, license plates, and damage caused.
- Capture the surrounding area, including traffic signs or skid marks.
- Exchange contact information with all involved parties and note down witness details.
3. Notify Your Insurance Company
Contact your insurer to report the accident and begin the claims process. Provide them with all available details, including the at-fault driver’s lack of coverage. When discussing the incident, stick to the facts and avoid admitting fault.
4. Keep Track of Expenses
Maintain detailed records of all costs associated with the accident, including medical bills, car repairs, and lost wages. This documentation will be critical when filing a UM/UIM claim.
5. Consult an Experienced Attorney
Navigating the complexities of an uninsured or underinsured driver claim often requires legal expertise. An attorney can:
- Examine your policy: Ensure you receive the maximum benefits under your UM/UIM coverage.
- Negotiate with insurers: Insurance companies may undervalue or deny claims. An attorney can push back on unfair offers.
- Handle litigation: If needed, they can initiate a lawsuit to recover damages from the at-fault driver’s personal assets.
Why Hiring an Attorney Makes a Difference
Dealing with insurance claims after an accident is never easy, especially when the at-fault driver lacks proper coverage. Here’s how an attorney can bring value to your claim.
- Understanding Oregon’s Insurance Laws: Oregon has specific laws around UM/UIM claims that an experienced attorney will know how to leverage.
- Maximizing Compensation: Insurance companies often aim to minimize payouts. An attorney ensures all damages, including medical bills, lost wages, and pain and suffering, are accounted for.
- Reducing Stress: Handling paperwork, negotiating settlements, and meeting deadlines is overwhelming when you’re injured. A lawyer takes that burden off your shoulders.
Protect Yourself Before an Accident Happens
While you can’t prevent every accident, you can protect yourself from the financial fallout of one.
- Review Your Insurance Policy Annually: Ensure your UM/UIM coverage limits are high enough to cover significant damages.
- Consider Umbrella Policies: These provide additional liability coverage beyond your standard policy, offering extra protection.
- Talk to an Insurance Agent: Discuss your unique needs to ensure you’re adequately covered.
Don’t Tackle This Alone
Facing an accident involving an uninsured or underinsured driver can feel overwhelming, but the right steps and support can make it manageable. Do everything you can to protect yourself with proper UM/UIM coverage, and if an accident does happen, know that legal help is available.
If you’re navigating a complex claim or want to maximize your compensation, reach out to a qualified personal injury attorney. Having a professional advocate by your side can make all the difference.