Because Oregon is an at-fault state, those involved in a car accident in Oregon have rights to compensation from the at-fault parties. Even if you are the party at-fault, Oregon enlists laws that give at-fault parties rights for their damages and injuries. Knowing your rights after a car accident is the best way to ensure you get everything you deserve.
What are My Rights After a Car Accident in Oregon?
After an accident, you are required to share certain information with the other involved parties, the police if the particular situation calls for it under specific circumstances, and your insurance provider. After you fulfill your obligation, you are entitled to certain rights under Oregon law.
Rights in an At-Fault State
Like the majority of states in the U.S., Oregon is an at-fault state as opposed to a no-fault state. When a car accident occurs in an at-fault state, an adjuster from the insurance companies of each involved party will determine who is at fault. The parties seeking compensation must then file a claim with the insurance company of the party at-fault.
Oregon utilizes a modified comparative negligence system, meaning that as long as you are 50% or less at fault for your injury, you are entitled to compensation from the at-fault party, minus the percent that you were at fault. Even if you are the at-fault party, Oregon requires all drivers to carry personal injury protection (PIP) insurance to pay for their own expenses after a car accident.
Rights to Third-Party Benefits and Non-Economic Compensation
After an accident, you have the right to seek representation from a party outside of your insurance provider to seek compensation from the at-fault party. In many cases, especially those with severe or long-term injuries, insurance may fall short. Personal injury attorneys can help parties recover losses that insurance does not cover or cover adequately.
Additionally, in Oregon, parties have the right to compensation for non-economic loss, including pain, suffering, and anxiety. Having a trusted personal injury attorney makes it possible for parties to recoup these losses.
Right to Appeal the Insurance Company Decisions
You have a right to enforce your insurance provider to honor the contract. Insurance providers are not permitted to simply deny your claim without the proper recourse. Seek out legal representation if you suspect your insurance provider is using unfair practices.
If you feel that an insurance provider involved in your accident made the wrong call, you have a right to appeal their decision in court. An appeal can force your insurance provider to re-evaluate your case.
Claims Against Manufacturer
You have the right to compensation if your accident or injury was caused by a manufacturer defect. Common defects that can lead to a product liability claim include flaws in a vehicle’s brakes, airbags, lighting, tires, seatbelts, steering, computer, seats, door latches, and more. A product liability claim requires representation. A successful case gives you the same benefits as an at-fault claim.
Injury Attorney in Portland, Oregon
If you feel that you are not receiving the compensation you deserve, you have a right to contact an attorney and seek compensation. “Honest clients and meticulous preparation allow the truth to come to light at trial,” says Wm. Keith Dozier, Trial Attorney. “We ensure that our clients fully understand the litigation process so they can make the best decisions for their case and their lives.”
Keith Dozier and his associates have litigated personal injury and discrimination claims against defendants of all sizes, from multinational corporations to large insurance companies. We have proven results, including a unanimous jury verdict for $19 million. We have achieved numerous recoveries in excess of a million dollars for severely injured clients. Contact us today to request a free case evaluation.