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Car accidents are life-altering events that leave you with physical injuries, emotional distress, and financial burdens. In other words, they are painful, scary, and expensive, and dealing with the aftermath can be confusing. In Oregon, the person responsible for causing the accident is usually the one who pays for the damages, but proving your side of the story and receiving the compensation you deserve can be challenging.
That’s why some accident victims don’t report their accidents to the insurance companies right away. They often think it’s not worth the trouble for minor damages to their vehicles or they believe they are uninjured and wouldn’t receive a settlement anyway. Sometimes victims are afraid of legal repercussions for their part in the accident, or simply too shocked and overwhelmed to decide what to do next.
At Zbinden & Curtis Attorneys At Law in Portland, OR, we’d like to shed some light on the process of receiving compensation after a car accident. We’ll walk you through what to do after an accident and offer practical tips on maximizing your settlement. We’re also going to discuss Oregon’s statute of limitations on car accidents and explain why it’s so important to act quickly.
If you need an experienced personal injury attorney in Oregon, call the ones that Portland trusts. Call Zbinden & Curtis Attorneys At Law today.
Understanding Fault in Oregon Car Accidents
In Oregon, the person at fault for the accident is responsible for paying for the damages, and determining fault involves a thorough investigation of the accident. Police reports, witness statements, and any available video footage are important pieces of evidence used to establish who was responsible.
Comparative Negligence and How Fault Affects Insurance Claims in Oregon
Oregon uses a comparative negligence system, which means that fault can be shared among each party involved in a car accident. If you are found to be partially at fault, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are considered to be 20% responsible for the accident, your compensation will be reduced by 20%. It’s a system that aims to ensure compensation is fair and proportionate to each party’s level of responsibility.
The concept of comparative negligence can complicate the claims process, especially when dealing with insurance companies. Insurance representatives often try to assign some of the blame to you to reduce their financial liability. The higher your percentage of fault, the less they have to pay. For instance, if an insurance company can prove you were distracted while driving, they can argue you were partially responsible for the accident. Their client may have crashed into you, but you’ll be held partially at fault for not responding to the situation fast enough.
The percentage of fault is a critical factor in determining your payout, so it’s important to gather solid evidence, like police reports, witness statements, and any available video footage, to support your version of events. Having strong evidence can help counter the insurance company’s attempts to shift more blame onto you and reduce your compensation. Seeking legal representation from an experienced personal injury attorney in Portland helps ensure that your rights are protected and that you receive a fair settlement.
The Statute of Limitations for Car Accident Claims in Oregon
Another important aspect to understand about car accident injury claims is the statute of limitations. In Oregon, the statute of limitations for filing a car accident claim is typically two years from the date of the accident. This time limit applies to both personal injury and property damage claims.
Why Do Statutes of Limitations Exist?
Statutes of limitations ensure that legal claims are made while evidence is fresh and witnesses’ memories are still clear. They provide a sense of legal certainty and finality, and prevent indefinite threats of lawsuits. For car accident claims, the two-year period encourages timely resolution and promotes fairness in the legal process.
The Importance of Reporting Car Accidents Immediately
Promptly reporting a car accident is important for several reasons. Immediate reporting helps preserve any evidence that can support your claim. Evidence such as skid marks, vehicle damage, and witness statements can be more accurately recorded shortly after the accident. Oregon law also requires drivers to report accidents involving injuries, deaths, or property damage exceeding $2,500 to the Department of Motor Vehicles (DMV) within 72 hours. Early reporting to your insurance company helps expedite the claims process, allowing for quicker assessments and settlements.
Are There Exceptions to the Statute of Limitations?
While the two-year statute of limitations is the general rule, there are exceptions in certain circumstances. In some cases, injuries or damages may not be immediately apparent. The discovery rule allows the statute of limitations to start from the date the injury or damage is discovered, rather than the date of the accident. If the accident victim is a minor, the statute of limitations may be extended until they reach the age of 18. Claims against government entities have different timelines and procedures, and often require notice of the claim within 180 days.
Seeking Legal Guidance
The period immediately after a car accident can be overwhelming, especially when dealing with painful injuries, reduced mobility, vehicle repairs, and insurance claims. Our attorneys can help you gather evidence, negotiate with insurance companies, and ensure that your claim is filed within the statute of limitations.
At Zbinden & Curtis Attorneys At Law, we specialize in car accident claims. With our Portland, OR expertise, we can help you with fault determination, insurance claims, and legal deadlines.
Call Us Today
Understanding the laws related to car accidents in Oregon is important for protecting your rights and securing your fair compensation. Promptly reporting accidents, gathering evidence, and seeking legal guidance can make a big difference in the outcome of your case.
If you’ve been involved in a car accident in Portland or surrounding areas, call Zbinden & Curtis Attorneys At Law at (503) 287-5000 for a consultation. Our experienced team is ready to help you through every step of the process until you receive the justice you deserve.
