auto accidents Archives - Warren Allen LLP Attorneys at Law

What To Do If You Are in a Hit-and-Run Car Accident

Written by George McCoy on April 10, 2023. Posted in Car Accident. No Comments on What To Do If You Are in a Hit-and-Run Car Accident

Car accidents are stressful, no matter the circumstance. Add to that a hit-and-run, and the stress is manifold. Protect yourself and mitigate unnecessary stress by knowing how best to respond and what steps to take. The better prepared you are, the better your case for compensation.

Receive fair compensation so you can cover damages and medical bills, as well as any other losses resulting from the accident. Safeguard yourself against insurance companies who don’t represent your best interests by hiring an experienced car accident lawyer in Portland. A local lawyer understands state laws and will be your ally in a hit-and-run accident.

Below are a few important steps to guide you through the process immediately following an accident so you can receive the best resolution possible and focus on what matters most: healing.

Prioritize Safety

First of all, make sure everyone is safe, including yourself. You may be worried about damages to your car and consequential expenses, especially if the other driver kept driving without taking accountability, but don’t let that distract you from what matters most. Your safety and that of your passengers are the most important.

Survey the scene. Is it safer to stay with your car or to remove all passengers and move to somewhere safer? If your car is on a busy freeway or intersection, you may run the risk of getting hit again. If you are able to move, get to a safer spot. However, if serious injuries have been sustained, it may not be safe to move. Assess the scene before deciding.

Is anyone injured? If you are able, call 911. If you are unable, tell someone else to call. Remember, some injuries are harder to detect, so when in doubt, make the call and don’t take any chances.

Call the Police

In the case of a hit-and-run, it’s important to immediately call the police without delay. A police report or accident claim needs to be filed to establish fault and aid in finding the missing driver. Since you are the victim of a hit-and-run, having the police involved will help your case. An official police report contains important details for the insurance claim, used to verify who is at-fault. This can help your claim if the other driver was responsible.

Even though the other driver fled the scene, try to jot down as many details about the car you can remember. You may not have been able to get the license plate number, but did you recognize the make or model of the car? What about the vehicle’s color? Which direction was it headed? Write details down as soon as possible, while your memory is fresh.

Collect Information

The more evidence and documentation you have, the better your case for claiming compensation. Document and record as much as possible. Take photos of any damage to your car and the scene of the accident. Where was the accident? Are there skid marks? Photograph, video, and write down what you observe. This includes personal injuries and symptoms. If you need medical care, keep copies of receipts and record your experience with treatment. What are your symptoms? Write these downs. Make sure to seek medical attention, if needed, as soon as possible.

As mentioned earlier, don’t wait to record these events. Write down your recollection of events while it is fresh in your memory. Include as much detail as possible.

When gathering information, collect contact information of any witnesses. A witness statement can help supply additional information about the accident. Ask if they are willing to stay to give a witness statement to the police. If they are unwilling to wait for the police, they can still make a witness statement to you. In this instance, make sure to get their contact information.

Enlist a Personal Injury Attorney

If you live in Oregon, hire a local car accident lawyer in Portland to represent your interests. No matter where you live, the right lawyer will have your best interests in mind and seek fair compensation. Insurance companies do not always act in good faith and may attempt to minimize how much you get.

A personal injury attorney with experience in hit-and-runs understands the law and how much your case is worth. They also know which documents must be filed by what deadlines. Hire an attorney to be your ally and represent your interests. They will ensure you receive compensation without delay and aren’t denied what you are owed by simple clerical errors or missed deadlines.

At Warren Allen LLP, our personal injury attorneys are here to help. Contact us for solid legal advice and representation. Our experienced team will help you receive fair compensation and the best resolution possible. If you have been in an accident resulting in injury or damage, contact our firm today and learn what your options are.

You may be entitled to more than you realize. Compensation can cover a range of expenses and symptoms, including, but not limited to:

Lost wages due to missing work
Future lost wages due to injury
Medical bills
Future medical costs
Punitive damages
Pain and suffering (physical or emotional)
Mental anguish
Loss of enjoyment of life
Loss of consortium
Disfigurement or dismemberment

Enlist the help of an experienced attorney who understands what you may be entitled to and help you receive the compensation you deserve.

Notify Your Insurance Provider

Call your insurance company as soon as possible. You will need to contact your insurance company and provide basic information so you can start your claim. Though you are obligated to report the accident to your insurance company, do not give a recorded statement to the other driver’s insurance company.

Once you hire a Warren Allen lawyer as your attorney, refer the insurance company adjuster to us, since we will now represent you. When you authorize your attorney to represent your interests, you will no longer have to deal with the insurance adjusters directly. We will focus on your economic recovery so you can focus on what matters most- physical and emotional recovery.

When Do I Need a Lawyer After a Car Accident?

Written by George McCoy on January 20, 2023. Posted in Car Accident. No Comments on When Do I Need a Lawyer After a Car Accident?

After a car accident, it’s understandable you’d be a bit shaken up. In addition to your emotional and physical recovery, you’ll likely be asking if you should pursue legal action. Read on below to find out when you might need a Portland car accident lawyer and the ways consulting with an attorney can be a great help.

What Steps to Take If You’re in a Car Accident

While a car accident is obviously stressful in the moment, there are steps you can take that will help a potential case later on. Try to get the names and contact information of other parties involved, like witnesses, and take pictures of the crash if possible. Take note of important details so you don’t forget them later.

If You Were Injured in the Accident

It’s smart to consider hiring a lawyer if you were injured and had to receive medical attention after the accident. If you believe your injury occurred because of another driver’s negligence, you could have a case.

If you were injured, you will likely consider filing a personal injury claim, and it will help to have a professional lawyer for this process. When consulting with a Portland car accident lawyer, they’ll discuss if you should even file a claim in the first place. If your lawyer believes that you do have a right to file, you’ll work together to determine how much your personal injury claim is worth. Your lawyer will handle the filing process.

It’s technically not required to have a Portland car accident lawyer when seeking financial compensation, but it is highly recommended. Filing a car accident claim on your own comes with risks, and as with any delicate matter, it’s always the wiser move to have an expert on your side.

When You Have to Negotiate With Your Insurance Company

Trying to negotiate with an insurance company, especially a large one, would be too daunting on your own. Insurers have their own big lawyers, as well as far more resources than the average person. Portland car accident lawyers assist with filing an insurance claim and negotiating with the insurers. Due to their experience, lawyers will already know the moves insurers make, and know how to handle them.

It is smart to have a lawyer in your corner before initially contacting the insurance company. Again, the legal teams for these insurance companies are experienced. If you have a conversation with them without a lawyer, they may try to use your own words against you, even if they misconstrue something you said. A lawyer will know exactly what should be said in these types of difficult conversations.

An insurance company will likely try to deny you your coverage, or they will try to give you the absolute minimum amount. They may act in bad faith, not bother to even investigate your claim, fail to pay it in the right amount of time, or deny your claim with no explanation. This is more likely to happen if you try to deal with them on your own. A Portland car accident lawyer is there to be your advocate.

A Portland Car Accident Lawyer Allows You to Focus on Your Recovery

If you were injured in the accident, your focus should be on recovering. Having an experienced attorney handle the legal side of things takes a lot off your plate. This means you can devote more time and energy to recovering from the accident. Your attorney will file your claim on your behalf. A lawyer also handles potential negotiations.

Both can be incredibly time-consuming processes. Negotiations can be a lot of back and forth, which the average person would find endless and exhausting. Trying to take that on alone, especially if it’s your first car accident, would be unwise, both for your case and for your overall well-being.

A Portland Car Accident Lawyer Means Having an Expert in Your Corner

It always helps to have support with such a delicate process, and the support that an experienced attorney can provide is incomparable. Portland car accident lawyers will know the ins and outs of the law. This includes knowing all about the specific laws and rules in your state. These may play a significant role in terming which party is at fault for negligence, and a successful lawyer will be able to determine the best path to receive the desired outcome.

Another service car accident lawyers can provide is writing the settlement letter for you. If you’re unable to settle, your lawyer will handle the paperwork required before the case goes to court. This expertise will also be a big help if your case ends up going to trial.

How Portland Car Accident Lawyers Will Make Your Case

To start, tell your lawyer a detailed account of the accident from your perspective. If you took any pictures after the crash, give the photos to them. Also, provide the other parties and witnesses’ contact information if you have it.

In addition to legal support, Portland car accident lawyers will assist with investigating the accident, determining what the cause of the accident was, and gathering evidence to support your side.

The evidence lawyers would gather can include police reports, witness statements, pictures from the crash, and any medical bills and records. You will also look over the police report of the accident with your attorney. If you do not feel that the report accurately portrays what happened, your lawyer will know what to do about it.

If You Do Need a Lawyer, How Soon After the Car Accident Should You Contact One?

A good rule of thumb is to contact an attorney as soon as possible after the accident, especially if you’re trying to prove that the accident was caused by another person’s negligence. You know the other party will also be contacting their own attorneys as soon as possible, and you don’t want them to get a head start and try to make the accident look like you were at fault for negligence.

If you’ve been in a car accident, reach out to the Portland personal injury lawyers at Warren Allen LLP. In addition to the Portland area, we also provide legal services throughout the Pacific Northwest region.

What Will a Portland, Oregon Car Accident Lawyer Do?

Written by George McCoy on November 10, 2022. Posted in Car Accident. No Comments on What Will a Portland, Oregon Car Accident Lawyer Do?

If you’ve been in a car accident, you might ask yourself “what will a Portland, Oregon, car accident lawyer do for me?” A personal injury attorney can offer experienced and knowledgeable legal advice if you or a loved one have been in a car accident, including representing you in communications to your insurance company and the other party’s insurance company. A personal injury attorney provides legal representation for individuals who have been injured in an accident.

An experienced personal injury attorney can help you navigate the uncertainties that come with medical bills, short- or long-term disability, and legal actions. In most situations, attorneys are paid a contingency fee in which they do not receive payment until there is a settlement awarded.

Warren Allan LLP has compiled this great guide to what a Portland, Oregon, car accident lawyer should do for your case:

Determine Fault in an Accident

Any motorist knows that any number of reasons can cause a car accident, like negligent drivers, unsafe road conditions, or vehicle defects. However, the at-fault party after a car accident can be difficult to determine. A personal injury attorney will thoroughly review the circumstances of the accident and analyze the evidence from police or incident reports. In addition, your attorney may procure witness statements as well as evidence such as property damage or surveillance footage.

Oregon follows a “fault”-based system, which means your attorney will work to determine the financial and legal responsibility of the other party and provide the necessary assistance when filing a personal injury lawsuit. To determine fault on part of another driver, it must be proven that the individual would have acted differently and thereby prevented the accident.

Some common examples of negligence include distracted driving, driving under the influence, or disobeying traffic laws. The person who is determined to be at fault must pay any losses, which can range from medical bills to lost income.

A personal injury attorney will help you obtain several important pieces of evidence such as photographs of the scene, accident or police reports, and witness interviews. Oftentimes, the attorney will visit the scene of the accident to note additional details for their findings. Documentation of your injuries can sometimes be challenging to acquire, but things like medical records and bills are essential in supporting your claim.

To be successful, two things must be demonstrated through medical documentation: specific diagnosis of injuries and that the cause of the injuries was caused by the other motorist. A lawyer will help ensure the physician notes their opinion on how the accident resulted in your injury, as well as a prognosis of temporary or permanent disability.

Negotiate with Insurance Companies

In Oregon, it is illegal to drive without liability coverage. According to Oregon Drivers & Motor Vehicle Services, drivers must have the following coverage:

Bodily injury and property damage liability
- $25,000 per person;
- $50,000 per crash for bodily injury to others; and
- $20,000 per crash for damage to others’ property.
Personal injury protection
- $15,000 per person.
Uninsured motorist
- $25,000 per person; and
- $50,000 per crash for bodily injury.

When it comes to negotiating with insurance companies, most people have little to no experience. On the other hand, insurance companies settle auto accident cases on a continual basis, and their expertise far outweighs that of the average motorist. In theory, insurance plans are in place to protect individuals from excessive costs, but insurance adjusters do not represent injured parties, and if they provided maximum payouts for every claim, they would not be in business for very long.

Unfortunately, most insurers will do what they can to limit their payouts on auto insurance claims. Having an experienced personal injury attorney on your side will help ensure you receive fair compensation when in an automobile accident.

Settlement Guidance

One of the primary goals insurance companies are tasked with is pushing you to settle your claim quickly and for the lowest possible amount, but it is important not to rush the settlement process. Once you accept an insurance company’s settlement offer, they will no longer be responsible for any future liability caused by your accident. If your injuries become more serious as time passes, you will have passed on the compensation you would have otherwise been due.

Overall, the negotiation process with the insurance company can take time. At the beginning stages of negotiation, your lawyer will work with you to determine how much you should receive as payment for your injuries. A personal injury attorney will examine all medical expenses, any lost wages, and any other expenses you may have accrued as a result of the accident. Once this amount has been determined, your attorney will put together a demand letter for the insurance company that details the compensation you are willing to settle for.

It is unlikely that the insurance company will agree to your initial request outright. Often, the insurance company will attempt to negotiate for less than you originally offered to settle for. This counteroffer can vary based on the insurance company’s policies. Some insurance companies may also request an independent medical examination to verify the injuries and how they may limit you now and in the future. When meeting with your lawyer, you will determine the lowest settlement offer you are willing to accept. The expertise and guidance of a personal injury lawyer will ensure you are receiving a fair amount based on your losses.

Representation at Trial

If you need to go to trial over your claim, you can certainly represent yourself, but the odds are not in your favor against an experienced defense attorney. Personal injury attorneys have years of knowing the ins and outs of the personal injury process and representation in court. In addition, having a personal injury attorney representing you in what is no doubt an emotional experience can benefit you with objective thinking and focus on the facts of your case.

Is Oregon a No-Fault State for Auto Accidents?

Written by George McCoy on May 14, 2022. Posted in Uncategorized. No Comments on Is Oregon a No-Fault State for Auto Accidents?

Auto accidents are tough under the best of circumstances. However, the more prepared you are, the easier the process becomes. Gaining insight into how your case is handled will better equip you on what steps need to be taken.

Each state has different laws, so it’s important to familiarize yourself with these state-specific auto accident laws. For instance, does your state operate on a “no-fault” or “at-fault” system? If you are a resident of Oregon, which system does it follow? Let’s look at how this could affect your case.

No-Fault vs. At-Fault Systems

What’s the difference between these two systems? Before exploring Oregon-specific auto accident laws, it’s helpful to understand the difference between no-fault and at-fault systems. In a no-fault state, neither party is considered to be at fault for the accident. Regardless of who is responsible for the collision, each driver seeks compensation from their own insurance provider. A party is not required to first prove the other party is at fault before receiving compensation. However, there are some exceptions. If one of the involved parties is suffering from significant injuries or property damage, they can file a third-party lawsuit against the responsible party.

The purpose of a no-fault system is to expedite the insurance process and provide compensation sooner. With a no-fault system, you have to submit a claim to your insurance provider even if you are not at fault.

Most states, however, use the traditional at-fault system. In at-fault states, each insurance company pays for damages measured against the degree of fault with each party involved. If you are the injured party, you will file a claim with the insurance company of the driver that is responsible. The driver who caused a collision is responsible for the damages of the injured party; the insurance company of the party found at fault pays the injured victim.

This means that, after an auto accident, you must first prove who is at fault and to what degree. This is typically handled by an adjuster assigned by your insurance company. If you disagree with the insurance adjuster, you can seek uncompensated damages by filing a lawsuit.

Which System Does Oregon Follow?

For auto accidents, Oregon uses an at-fault system. Since Oregon is an at-fault state, the injured party files a claim with the insurance company of the driver responsible for the accident. If you can prove they are at fault, their insurance company will pay damages for injury or property damage. It’s possible to share liability. In this case, the insurance companies will determine to what degree each party is responsible.
However, Oregon law requires insurance policies to include no-fault provisions. This provision requires insurance companies to provide personal injury protection (PIP) to anyone paying for insurance in Oregon, even if they are considered at fault. PIP pays up to a certain amount by your insurance provider for medical expenses, funeral expenses, childcare expenses, lost income, survivors’ loss benefits, and household services. This payout also extends to passengers of auto accidents.

What Compensation Is Available for At-Fault Auto Accidents?

Each case is different, and compensation is determined by the severity of injuries or property damage sustained. However, there are several types of compensation that are typically covered. These include:

Medical Expenses: Reimbursement for your medical expenses includes payments for hospital visits, physical therapy, pain medication, and future medical bills related to the auto injury.
Lost Income: This includes payment for times you weren’t able to work while recovering. You can request compensation for these lost wages. If the injury affects your ability to continue your current line of work, you can also sue for future loss of wages.
Pain and Suffering: This refers to both physical and emotional pain experienced during the accident and recovery process. It’s intended to help compensate for the impact an accident has on your daily life. This includes anxiety, depression, physical pain, strained relationships, and inability to engage in daily activities.
Punitive Damages: This is paid on top of compensatory damages if the guilty party has performed outrageous conduct. It’s meant to deter future misdeeds and help the victim if compensatory damages are not sufficient. In an auto accident, this may be awarded if someone was driving drunk.

Should You Seek Legal Representation?

Often, insurance companies don’t have your best interests in mind. Though a provider may not go as far as to act in bad faith and wrongfully deny coverage, they may attempt to minimize the amount of compensation you receive. Since insurance companies may act in their own interests, it is helpful to seek legal representation. A personal injury attorney acts in your interest and helps you receive fair compensation after an accident.

If you have suffered an accident resulting in injury or property damage, the expert team at Warren Allen LLP is here to help. We provide solid legal advice and representation. If you are attempting to receive compensation after an accident, we are here to help you receive fair compensation and the best resolution possible. Contact our firm today to learn what your options are.
Once you’ve been involved in an accident, immediately begin keeping comprehensive records and documentation. This will help determine fault and increase your chances of receiving compensation. After an accident, collect the names and contact information of any witnesses. Keep records of injuries and damages through photos and writing. Seek medical care and keep copies of receipts. Report your symptoms and keep a written account of your experiences. Make sure to faithfully continue medical treatments.

Even though the effects of an accident can be difficult, taking the proper steps can help mitigate the process and may entitle you to more compensation. Get the help you need so you can receive proper care and compensation. With the right attorney, you can focus on what matters most – healing!

Tag: auto accidents

Portland Auto Accident Lawyer: Experienced Representation for Your Injury Claim