You may think you have everything under control after a truck accident. Filing an insurance claim in Oregon seems pretty straightforward, at least until it’s time to start the legal process.
Suddenly, you’re realizing there’s a lot more to the process than simply listing your damages. You need to accomplish things like proving liability in an Oregon truck accident, and this takes more than simply stating the other driver is at fault for the collision.
So, whether you want to know what happens during an accident scene investigation, how to prove liability, or simply what damages you can claim, we’re addressing these and other commonly asked questions.
Before you can start the claim process you need to prove liability. This means showing the other driver is responsible for the accident. The reason for this comes down to the Beaver State’s insurance laws. Oregon is an at-fault insurance state so you file a claim against the other driver’s insurance provider.
However, Oregon also follows comparative negligence rules and this can affect your truck accident claim. Comparative negligence allows for more than one individual or entity to be responsible for the same accident. An example can be if you’re speeding and a truck changes lanes without using its turn signal. Since you both violated traffic laws, you and the truck driver may be liable.
Don’t start panicking! You may be able to file a compensation claim even if you’re partially liable for the accident. You can still file an injury claim as long as you’re not more than 50% liable for the vehicle collision. Your compensation will be reduced by your percentage of fault.
Proving liability can be a complicated process. The responding authorities can name the liable party, along with the insurance adjuster. You can also appeal their decision if you feel you’re being assigned more blame than your actions deserve.
Don’t be surprised if you receive a phone call or visit from the truck driver’s insurance adjuster. You may still be recovering in the hospital when the claim adjuster pops into your room.
So, how do you handle the surprise communication? Your answer can impact everything from your ability to file a claim to your compensation amount.
The insurance adjuster isn’t showing up only to check on your well-being. Their goal is to either get you to accept their settlement offer or make statements that may increase your percentage of liability in the accident.
The best advice is to be pleasant. Eventually, you’ll probably sit down with the same adjuster to negotiate your settlement so try to stay pleasant but you also want to be firm. Politely decline the settlement offer.
The same goes for discussing the accident. Simply thank the adjuster for checking on your recovery and let them know your personal injury attorney will be contacting them at a later date.
You can accept a settlement offer. This is your legal right. Accepting the offer means you receive the insurance check in a few days instead of waiting several weeks or months. The thought of receiving compensation almost immediately after the trucking accident can be tempting. However, it may not be the best idea.
You’re still calculating your damages, including your medical expenses. What happens if your costs continue piling up after accepting the settlement check? Once you accept the insurance adjuster’s offer, your personal injury claim is considered closed. Even if you’re left with outstanding expenses, you can’t file another insurance claim for the same accident.
In most traffic accidents, it’s always a good idea to refuse the initial settlement offer. This way you have time to calculate all of your damages and ensure you can recover fair compensation.
All states have statutes of limitations in place regarding timelines for filing personal injury claims. The statute of limitations refers to the time you have to file an injury claim and the clock starts ticking on the accident date.
Oregon gives accident victims two years to file a personal injury claim. If the statute runs out there’s a good chance you can’t recover compensation from the at-fault driver’s insurance. Your insurance provider may also refuse to pay a claim if the statute of limitations has run out.
You may be wondering if there are any exceptions to the statute of limitations and the answer is possibly yes. Minors may be able to extend the filing deadline until they turn 18 or seven years from the accident date, whichever one comes first.
If your injuries are severe enough to prevent you from participating in the claim process, the statute may be temporarily paused. These are only a few examples. Your trucking accident attorney can review your case and let you know if you’re eligible for any exemptions from the two-year statute.
While every trucking accident claim is different, some damages seem to pop up in most personal injury cases. These include your economic damages like medical expenses, property repair/replacement costs, and possibly even lost income.
Your accident claim may also include non-economic losses like pain, suffering, mental anguish, and loss of life enjoyment to name a few examples. If you’re wondering how to calculate the value of your emotional suffering, the law allows accident victims to use one of two accepted methods. You can use either the per diem or multiplier method to figure out the value of your non-economic damages.
Your trucking accident claim may include punitive damages. You can’t list punitive damages on your claim. This type of award is set by the judge or jury in cases involving gross negligence.
These are only a few of the possible questions that accident victims often have about filing their respective personal injury claims. Whether you have more questions or need help calculating the value of your non-economic losses, a trucking accident attorney can help.
