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Being involved in a car accident is a stressful experience, and dealing with insurance companies afterward can add to the burden. If you’re injured or your vehicle is damaged, you might feel overwhelmed and unsure how to proceed. It’s common to feel this way, especially when you’re dealing with physical pain, financial stress, and the details of insurance claims. But you’ve come to the right place for solutions.
This article will walk you through the process of dealing with insurance companies after a car accident in Portland or Woodburn, Oregon. You’ll learn what to expect and how to ensure you get the fair compensation you deserve. At Zbinden & Curtis Attorneys At Law, we are dedicated to helping you navigate this challenging time with confidence and ease. Contact our Portland office today for a free consultation, and find out how we can maximize your settlement and cover your needs.
Understanding Car Accident Claims in Oregon
Car accidents are, unfortunately, quite common in Oregon. In fact, there are typically between 10,000 and 12,000 reported crashes in Portland alone each year. The accidents range from minor fender benders to severe collisions, and the injuries can range from a sore neck to a life-changing disability. It’s important to understand the Oregon laws that apply to car accident claims, particularly the ones dealing with fault and insurance policies.
In Portland and Woodburn, we use a fault-based system for car accidents. This means that the driver determined to be at fault is responsible for covering the damages they caused. Their insurance company will generally handle the costs, but it’s important to gather evidence that supports the claim that their negligence caused or contributed to your injury. The evidence used for these situations can include police reports, witness statements, photographs of the accident scene, and medical records that substantiate your claim.
Comparative Negligence in Oregon
Oregon operates under a modified comparative negligence rule, which means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if a driver ran a red light and crashed into your car, they would probably be held 100% responsible for the accident. However, if you were texting while driving in the intersection and couldn’t react to the other driver’s dangerous behavior fast enough, the insurance investigators might decide you were 30% responsible.
The other driver’s insurance company would still be required to pay you a settlement for your medical bills and car repair costs, but that settlement would be reduced by 30%. So, if your accident cost you a total of $20,000, the most you can recover from the other driver is $14,000. If you are found to be 51% or more at fault, you will not be eligible to receive any compensation. That’s why it’s so important to gather evidence of any accident as quickly as possible. It helps you control how fault might be assessed and equips you with the tools to counter any blame unfairly shifted onto you.
Steps to Take After a Car Accident
- Make Sure Everyone is Safe: Your first priority should be to ensure the safety of everyone involved. If the damage seems minimal, you can move the vehicle to a safe location and call 911 for assistance. If you feel dizzy or confused, or any passengers are bleeding or unconscious, stay where you are and wait for help to arrive.
- Take Pictures of the Scene: If you can, take photos and videos of the accident scene, including vehicle damage, road conditions, and any visible injuries. Gather contact information from witnesses and other drivers involved. Don’t admit fault or apologize for the accident.
- Report the Accident: Notify the police and file a report if there are any injuries or property damage. Official reports can prove what happened and serve as evidence for your insurance claim.
- Get Medical Attention: Even if you feel fine, get checked by a medical professional. Some injuries may not show symptoms immediately, and doctor exams may provide more evidence that you can use.
- Speak with a Lawyer: Personal injury lawyers who specialize in car accident cases can help you gather the evidence you need to negotiate a fair deal with insurance companies.
Negotiating with Insurance Companies
Insurance companies are businesses that aim to minimize the amounts they pay out on claims. The goal of their investigators is to protect their company’s bottom line by assigning some percentage of the blame to you. This means your settlement is reduced by that percentage, and the company saves a bit of money.
When dealing with insurance companies, you should provide accurate information about the accident details but avoid giving recorded statements or signing documents without speaking to a lawyer. Insurance companies may try to get you to admit fault or downplay your injuries, so you should stick to the facts and avoid guessing or providing unnecessary information. It’s also important not to settle too quickly. Insurance companies may offer a quick settlement to close the case before you understand the full extent of your injuries. Consult with a legal professional before accepting any offers to ensure they cover all your losses. An experienced car accident attorney can help you navigate the claims process and avoid the common pitfalls that can reduce your settlement.
Portland’s Personal Injury Professionals: Zbinden & Curtis, Attorneys at Law
Dealing with a car accident in Portland can be challenging, but understanding Oregon’s comparative negligence laws, gathering strong evidence, and confidently negotiating with insurance companies are the best ways to ensure you receive the compensation you deserve. At Zbinden & Curtis, our experienced personal injury attorneys are here to provide guidance and support throughout the process so you can focus on your recovery and not your legal battles.
Remember, the goal is to ensure you are fully compensated for your medical bills, lost wages, and vehicle repairs caused by the accident. If you want to maximize your personal injury settlement, reach out to Zbinden & Curtis, Attorneys at Law, in Portland, Oregon, at (503) 287-5000.
