How to Handle an Uninsured Driver Accident in Oregon
Getting in a car accident is always stressful, but when the other driver is uninsured, it can add additional complications. In Oregon, drivers are required to carry uninsured motorist coverage and personal injury protection (PIP), which provides some financial help if your car is damaged or you are injured. Sometimes, though, drivers don’t meet the insurance requirements. Is there any way to seek damages from an uninsured driver?
If you are involved in an uninsured driver accident in Oregon, there are certain steps you should take, including reporting the incident, gathering evidence, and contacting your insurance provider. To provide you with some general guidance on these issues, we’ve put together the following article. However, it’s also a good idea to consult with a reputable personal injury attorney like the ones at Warren Allen LLP for assistance recovering damages.
Immediate Steps to Take at the Scene of an Uninsured Driver Accident
First, the physical safety of everyone involved is of utmost importance. To the best of your ability, ensure that everyone is safe. This might involve moving vehicles out of traffic, but don’t leave the scene of the accident. Call 911 to request police assistance, especially if there is significant damage, or for medical assistance if there are injuries.
Exchange contact information with the other driver(s) involved, including name, address, phone number, email, driver’s license number, license plate number, and insurance information (if available). Be careful not to admit fault. Even a simple apology might be used as evidence of wrongdoing on your part later.
If it’s safe to do so, document the scene by taking pictures or video of all damage to vehicles or property, license plates, road conditions, the position of vehicles, traffic signs or signals, and injuries. Collect names and contact information of any passengers and eyewitnesses. Make note of the time, date, weather, location, and anything else you think might be relevant.
Ask for the reporting law enforcement officer’s name, badge number, and incident report number, which will help you or your insurance company access the police report later.
Finally, seek medical attention as soon as possible, even if you have no visible injuries and feel fine initially. Not all injuries are immediately evident, including concussions or internal injuries, and you may not experience symptoms right away. Getting early treatment, however, provides documentation and establishes a correlation between the accident and your injuries, which may be important for insurance purposes.
Report the Incident
Oregon drivers are required by law to file an Oregon Traffic Collision and Insurance Report with the Department of Motor Vehicles (DMV) within 72 hours under certain circumstances, including if the accident caused:
- Any injury or death
- More than $2,500 damage to your vehicle
- More than $2,500 damage to any vehicle and any vehicle to be towed from the scene
- More than $2,500 damage to property other than the vehicles involved
Failure to file a report with the DMV, even if law enforcement filed a report, could result in the suspension of your license.
Work with Your Insurance Provider
Many insurance policies require prompt notification of any accident you might be involved in, so you should report the incident to your insurer as soon as possible. Let them know that the other driver was uninsured.
Oregon requires all drivers to carry insurance coverage, including a minimum of $15,000 in PIP and uninsured motorist protection of $25,000 per person or $50,000 per crash for bodily injury. Confirm the details of your specific policy with your insurance provider.
Make a note for your records of all your claim details. Include your claim number, contact information for your insurance adjuster, and any deadlines. Maintain documentation of all communications, including taking notes and preserving emails and other written communication in a file for easy reference.
How Does Uninsured Motorist (UM) Coverage Work?
If you have the minimum mandatory amount of UM coverage, your insurance will help cover costs for medical expenses like hospital stays, physical therapy, and medication; lost wages; and pain and suffering up to $25,000 or up to $50,000 if you and a passenger are injured. If you have additional coverage, your insurance will cover costs up to your limit. This coverage also helps protect drivers involved in a hit-and-run collision, where the other driver left the scene.
You should also ask whether you included Uninsured Motorist Property Damage Coverage, which is optional, in your policy. This coverage would help pay for vehicle damage or replacement.
How Does PIP Work?
Oregon’s required PIP provides $15,000 of coverage no matter who is at fault. Drivers can use these funds for their medical expenses (including hospital stays, dental expenses, surgery, or ambulance services) for themselves or their passengers. Just note that those medical expenses must be considered both reasonable and necessary and must occur within a year of the accident. PIP coverage also provides up to $3,000 per month in lost wages if you are disabled and unable to work for at least two weeks.
Handling Disputes with Your Insurance Company
Working with your insurance company can sometimes be difficult, and disputes are common. Your insurance company might even try to undervalue or deny your claim. If your insurer disputes your claim, you might need to begin an arbitration process to resolve the dispute. Consulting with a personal injury lawyer can be very helpful in cases of dispute or denial.
Talk to a Personal Injury Lawyer
Talking to a personal injury lawyer who has experience with uninsured driver accidents can provide the support you need in navigating the insurance claims process, maximizing the valuation of your claim, gathering evidence, and representing you during arbitration or in court if you choose to pursue a case against your insurer or the uninsured driver. They can help you avoid mistakes and missed deadlines that could hurt your case and ensure you are accurately assessing your total damages, including pain and suffering, emotional impact, lost earning capacity, and future medical needs. If you have been involved in an uninsured driver accident in Oregon, contact the personal injury team at Warren Allen to get solid legal advice about your specific case today.