ORS 811.700 and ORS 811.705 provide that you should give:

The driver's name and address, the name and address of the owner of the driver's vehicle and the name and address of any other occupants of the driver's vehicle; and (ii)If the driver's vehicle is a motor vehicle, the registration number of the motor vehicle, the name of the insurance carrier covering the motor vehicle, the insurance policy number of the insurance policy insuring the motor vehicle and the phone number of the insurance carrier.
(C)Upon request and if available, exhibit and give to the occupant of or person attending any vehicle damaged the number of any document issued as evidence of driving privileges granted to the driver.

Bottom Line Up Front: Maybe, but it depends on your insurance carrier.

The Long Answer: Some states have protections against insurance carriers raising rates if you are not at fault for the accident. As of this writing, Oregon is not one of them. As a result your insurance carrier may raise your rates even if you aren't at fault for the accident, but it depends on your auto-insurance carrier and their internal company policies.

At Hunking Law, LLC we are more than happy to discuss with you whether you even have a case. Our consultations are free and we will honestly evaluate your motor vehicle accident case to be able to determine if you have a case and if we can help you with that case.

Bottom Line Up Front: Just call us and ask, we are happy to help you find out.

The Long Answer: The law is a little tricky and in the words of a recent client sometimes mind-melting, but what we do as lawyers is apply our intellect and knowledge and experience to apply your facts to the law in a legal analysis and see if we can provide value to your life. Frankly, we don't want to take a case if we aren't going to be able to add value to your life by helping you and nearly always the best way to answer this question is to just ask the expert and we will let you know honestly and fairly if you need a lawyer to handle your case. If we don't think a lawyer will be helpful we will do our best to point you in the right direction to help you accomplish your goals.

Bottom Line Up Front: Car Accident cases on behalf of the not at fault party.

The Long Answer: Hunking Law, LLC has a wealth of collective experience in nearly all areas of Oregon Law. We have litigated administrative, criminal and civil cases. We are capable of handling even complex car accident cases because we leverage that experience and knowledge in each case for the benefit of the client. We handle small cases with minimal injuries as well as catastrophic cases and wrongful death. Simply stated, if you have been injured and someone else is at fault give us a call and we are happy to go through the intake process with you and even if we aren't able to help with your specific case we will do everything we can to get you to an attorney who is able to help.

Bottom Line Up Front: Typically, you won't have any out-of-pocket costs.

The Long Answer: In order to ensure access to justice in these types of cases, and because we typically recover damages (money) on behalf of the client, we bill on a contingent fee basis in these cases. That means, we charge a percentage of what we recover. Normally, that percentage is 1/3rd of the money we recover. In theory, this aligns the interests of the lawyer and the client such that we are both on the same team trying to recover as much as possible.

Bottom Line Up Front: It depends on your damages and how bad the behavior of the at-fault party was

The Long Answer: There is no magic calculator for valuing a case. I know that insurance companies think they have it dialed in with their massive databases and some companies will claim (with reasonable accuracy) to be able to give you a value with a few prompts. But in the end, a jury of your peers gets to decide what your case is worth and without the ability to predict the future there is no way to know what value they will put on your case until they actually put that value on the case at the end of a trial. That said, there are some helpful rules of thumb to get you into the ballpark. If you had a minor crash, with minimal vehicle damage, no bad behavior on the part of the other driver and you healed within a few months then you are likely looking at somewhere in the $5,000-$15,000 range. If you had a concussion or a broken bone then you are likely in the $15,000-$50,000 range. If you needed a complex surgery, or surgeries, then you are likely in the $50,000-$150,000 range. You can add more to those ranges if the other driver was drunk, or texting and driving, or driving recklessly. Unfortunately, some people have very severe injuries that are lifelong, and in those circumstances your case could be worth upwards of $1,000,000.00 or much more. Generally, the best way to really get the answer is to ask an attorney to apply their expertise to your fact scenario.

Bottom Line Up Front: Coverage Denials and Liability Denials are most common. The step to take is to call a lawyer.

The Long Answer: The most common things I have seen in Oregon that result in a denial of a claim are (1) You are not covered by this insurance policy, and (2) You are not legally entitled to the relief claimed.

Starting with (1): Insurance policies are contracts, contracts are agreements and agreements happen when there is a meeting of the minds. Because human language is fungible it is very hard to ensure that people actually have a meeting of the minds when the method by which that agreement is communicated is inherently imperfect. For example, my wife and I may agree to have dinner at her favorite restaurant and that we will meet there at 6:00 pm tonight. If I am at the Italian restaurant and she is at the French restaurant at 6 pm then while we thought we had an agreement we really did not; even though the words used to express the agreement were perfectly agreeable to both of us. As a result, there are many defined terms within an insurance contract to try and give more clarity about what the agreement is. If you are honest with yourself, you likely did not read the auto insurance policy you signed up for, but rather bought an auto policy that met your needs from a company you trusted to deliver on the policy. Embedded within insurance contracts are many things people don't typically think about as part of the agreement and those things are what cause the majority of the coverage denials I have seen over the years. For some, their credit card was automatically paying their insurance, when the card expired they did not update the information with the insurance company and when an accident occurs the insurance company declares that policy was discontinued due to non payment of premium. Sometimes when people buy a new car they forget to tell their insurance company to update the policy to cover the new car, possibly resulting in a coverage denial. If the insurance company is declaring that you do not have coverage and you don't agree then getting a second opinion is usually a good idea. Our trained attorneys can provide that second opinion and help determine if the insurance company is correct about coverage or not.

Regarding a liability dispute: Claim denials that I have seen in this arena are a bit more complicated. Liability in an auto collision is pretty straightforward in most cases, but in some it is disputed factually (meaning there is a disagreement about what happened), in some it is disputed based on a fault determination (meaning people agree about what happened, but disagree about the wrongness of someone's behavior), in some it is disputed based on a legal bar (whether a particular law makes it such that even though we agree on facts and agree on fault, there is a legal claim like immunity, a defense, or an affirmative defense, etc. that legally defeats the claim). If that wasn't tricky enough, an additional layer of complication may exist as well regarding to which section of the claim does the denial apply. For example, even if you are at fault for the accident, you are likely still entitled to coverage under the PIP provisions of the policy. Or another example, you are statutorily prohibited from recovering non-economic damages against an at-fault party because you were driving without insurance, but there may be no bar on recovery of economic damages so you would still be able to partially recover on the claim. What you should likely do if you are in this situation would be to gather all the information you have about the situation and call a lawyer and ask them to apply their legal knowledge and expertise to help you sort through the situation and determine what to do.

Bottom Line Up Front: In the vast majority of cases in Oregon, 2 years from the date of the crash.

The Long Answer: Usually the 2 year Statute of Limitations will apply. In some less common fact situations a tolling provision may extend the Statute of Limitations. Most of the time that would be when a minor or incapacitated person is injured or when someone injured or at fault for the crash dies as a result of the crash or sometime within that 2 years Statute of Limitations. If you are worried about how much time you have left to pursue a claim the best choice is almost always to call a lawyer and ask them for help in making that determination.

Bottom Line Up Front: It is almost certainly in your best interests to speak with an attorney first.

The Long Answer: Because the insurance industry in general is trying to ensure that they run their companies profitably there is a tension between paying you the compensation you are owed for your injuries and keeping their bank accounts full enough to survive. As a result, almost always an offer being given to you without an attorney representing you is likely to be less than an offer you will get with an attorney representing you. That is in part because the claim is more likely to turn into a lawsuit if an experienced attorney is helping you with your claim. On a rare occasion I have seen people get the best possible offer (all the money available) without the help of an attorney, but I can honestly say that I have only seen it one time, and it was a sophisticated person (a pharmacy student) who took a really big gamble by letting the case linger until mere days before the Statute of Limitations was going to run.

Bottom Line Up Front: That they know what they are doing and care about you.

The Long Answer: An older attorney once advised me as a young law school student 'If you ask 100 attorneys the same legal question you could theoretically get 100 different answers and they can all be correct'. That advice has proved to be true over the course of my career. As attorneys we provide value to our society by resolving conflict among humans. The method by which we as humans have found that is best capable of achieving that result is to filter a conflict through the brain of a capable (licensed) and knowledgeable (trained) human with guidelines to ensure they act in the interests of their clients (ethical rules governing their behavior). Through that system you can conduct an analysis to strategically find the best path to a resolution that meets the needs of the person involved in the conflict. I think I am right to say that the most important things to look for are whether the lawyer cares about you and whether they have the knowledge base to help you resolve your conflict. At Hunking Law we specifically hire for attorneys that care about people, it is embedded in our core values. Because we focus on Oregon Car Accident Cases, and all the attorneys are Oregonians (i.e. community members in this area) we have a substantial knowledge base to get your legal issue resolved and the people who work here care about making sure you are heard, understood, and that your goals are accomplished.

Please place these between 'How long will it take for me to be compensated for my injuries?' and 'Should I give a recorded statement to the adverse insurance company?'

Bottom Line Up Front: No.

The Long Answer: You are never obligated to hire us. We want to provide value to your life, if we aren't doing that you shouldn't hire us and you should fire us if you already hired us.

Bottom Line Up Front: By holding the checkbook that will pay your damages and using that control to exert influence of the case.

The Long Answer: Insurance companies exert a lot of influence on behalf of their insureds (The people insured by their insurance contract, usually the at fault driver for 3rd party purposes and you for 1st party purposes). They have a duty to defend their insured. In part, they have a duty of good faith to with reasonable diligence investigate and pay claims. They exert that influence, in my experience, generally in their own interest to protect their pocketbooks. They do it in the investigation stage, in the valuation stage, in the demand stage and in the litigation stage. Generally they are rational economically motivated decision makers who exert that control over the checkbook to do the best they can to do things that are in line with rational economic motives.

Almost all Motor Vehicle accident cases settle without going to trial. We are equipped to try your case if needed, but if you want to resolve the case short of a trial we will be able to help you achieve that result as well. No matter what, we will always honestly evaluate your case and provide you with the best advice we can muster in order to help you get the best possible outcome in your car collision case.

Bottom Line Up Front: Like teammates working toward a goal.

The Long Answer: When you call Hunking Law with an issue your first point of contact is likely to be one of our Intake Specialists. Their job is to get a brief overview of what is going on, apply their judgment and route you to the person that can help you best. At the end of the conversation they will follow up with an email so that you have a way to send any documents you have for the attorney to review before your meeting with the attorney.

Next, you will likely have a consultation with an attorney who will apply their knowledge, experience and intellect to try and understand your issue from your perspective, determine if we can add value to your life and provide instructions for what to do next.

Next, if we can add value to your case a paralegal will send you what we call opening documents which will be a retainer agreement, an explanation of a retainer agreement, either a HIPPA release or an Arctrieval Individual Right of Access form, and a collision intake sheet. Using email they will begin that thread and request that you respond with any documents you have regarding the case.

Next, follow any paralegal and attorney instructions, but mostly get any medical treatment you need and be sure to notify your paralegal once you are done treating and ready for the next step.

Next, we request medical records and any other supporting documents needed to prepare your case for a demand. Once received, the paralegal and the attorney work to synthesize the records and format them into a demand package.

Next, the attorney will discuss the demand amount with you and make sure you understand the consequences of picking any amount to demand. Once the demand is approved we send the demand to the at fault party and/or their insurance carrier and await their response (typically 30-45 days).

Next, once we receive the response we will let you know and the attorney will walk you through potential replies and the consequences of those choices to try and give you the information you need to make an informed choice regarding how to respond. Once you make your choice the attorney and paralegal will work to execute that decision.

Next, we reach a resolution to the conflict that is acceptable and begin the process of closing the case up. The attorney and paralegal work to make sure the distribution is drafted correctly, that we have identified potential lien-holders and their claims, that the release or judgment has legally acceptable language. You review those documents, discuss with the attorney or paralegal any issues that come up and then formally close the case.

Next, we close the case by receiving a check, processing the closing documents, issue a check to you that you can have mailed or you can pick up at any one of our three locations (Albany, Corvallis, Eugene), you deposit the check in your bank and we ask you about how we did in processing your case.

Lawsuits for car accident cases generally take a long time; sometimes years. We will work expeditiously to ensure your case moves forward as quickly as possible to help you reach your desired outcome in the case.

Bottom Line Up Front: As little as 14 days all the way up to 3 years or more.

The Long Answer: Each case varies, and it depends on some factors that are within your control, such as promptly providing requested information, and others that depend on the at-fault party, insurance companies, and legal processes.

Resolution typically starts once you are healed or have reached maximum medical improvement (determined by medical professionals). The time that takes depends on the severity of your injuries. In general, once you have recovered, we collect your medical records and draft a demand which can take 30-60 days, depending on the complexity of your case. Reviewing and negotiating offers between parties can then take an additional 30 days or more.

Cases may settle quickly if both parties agree, but disputes over fault or damages can lead to prolonged negotiations or even a trial, which can extend the timeline significantly. Each situation is unique, and discussing your case with an attorney is the best way to estimate how long the process will take for you. For more information, please see our blog post HERE.

You have a legal obligation to cooperate with your own insurance company. You have no such obligation to cooperate with the adverse insurance company. There are situations in which it benefits you to give a recorded statement and situations in which it may not be helpful to you. An attorney can advise you further about the pros and cons of giving a recorded statement.

Probably, yes, but there are steps that can be taken to help achieve the best outcome from that exam. You should consult with an attorney about the consequences of attending or not attending an IME and how to get the best outcome from that exam.

Bottom Line Up Front: Call an attorney.

The Long Answer: First and foremost, we are sorry for your loss. Losing a loved one is never easy, but when it happens suddenly and unexpectedly in something as tragic as a car accident it can upend your entire life. We are here to help. It is what we do and part of why we see value in the work that we do. There are a litany of things that need done to protect the legal rights of the deceased person, we are equipped to handle those legal issues so that you can focus processing the non-legal aspects of the tragic loss. We approach these types of cases in the best way we know how: to listen to you, try to gather all pertinent information and conduct an analysis with you, side by side, so that we can be sure we have covered all legal bases and lighten the load left behind when a loved one is lost in an auto collision. The bottom line remains true, the best way to protect the legal interests of your lost loved one is to contact an experienced attorney today at Hunking Law.

Bottom Line Up Front: Call an attorney.

The Long Answer: These types of crashes, in the legal sense, have lots of moving parts. If the police responded then it is likely that the other person was issued a citation or taken to jail. That initiates a criminal legal process that moves quickly. Police and prosecutors are likely to want to speak with you and ask you detailed questions about what happened. Prosecutor's offices have victim's services sections that may reach out to you and try to keep you informed of your rights in the criminal case. In Oregon, you have constitutional rights as a victim in that proceeding to potentially play an active role in the prosecution; but keep in mind the prosecutor represents the State of Oregon against the drunk driver, they are pursuing Oregon's goals, which may not always be the same as your goals. You have access to discovery (police reports, BAC reports, pictures and video, etc.) that is provided to you via statute, but you need to properly request that information in order to assert that right. Importantly, if the drunk driver was over-served at a bar, pub, restaurant, or any establishment that serves alcohol for consumption on the premises they may be liable as well for serving alcohol to a visibly intoxicated person who later caused you damage. But, you have a very short 180 days under the Dram Shop Act to be sure you have properly perfected your legal rights. Because there are so many moving parts, and because the wealth of experience we have on both sides of the aisle in these types of cases we at Hunking Law have the experience and knowledge to make sure that you have protected every legal right you have and to help you get the best possible outcome as the injured party.

Under Oregon law, you purchased personal injury protection (PIP) coverage. PIP is designed to allow people to get medical treatment without delay while the insurance companies work out liability issues. You should use your own auto PIP coverage to pay for medical expenses and wage loss up front and then, ultimately, the at fault insurance company will pay your insurance company back for the PIP benefits paid.

Ask and confirm. There should be one claim number for your own insurance and a different claim number for the other insurance, even though they are both with the same company. When an adjuster contacts you, ask which claim number they are handling and confirm with that person whether they are working under your claim or the other driver's claim.

Bottom Line Up Front: Call an Attorney.

The Long Answer: If your child was injured in an auto-accident your response depends in part on the age of the child. There is a really big difference between a 16 year old and a 6 month old.

If your child is under 10 years old then their ability to articulate any injury is impaired, but on the other side of the coin they will likely heal faster than an older person. If they are in an Oregon crash they will likely have a very long statute of limitations (likely 7 years) because they usually get 5 years worth of statutory tolling (extension/delay) until they are 18 years old which they won't achieve by the time the clock runs out. In these circumstances an adult is likely necessary every step of the way to help the child navigate this situation. If the injuries are small then the likely damages are small and as a result less court involvement is needed. If the injuries are greater than $25,000 then the Oregon Uniform Transfers to Minors Act will likely require court approval for a settlement, appointment of a guardian ad litem, potentially further judicial oversight. The goal here is to make sure someone else is looking at the situation (the court) to decrease the likelihood that a parent will steal or misuse the funds of their child before the child is old enough to know any better. In almost all cases once the child turns 18 they gain access to the funds and can spend them however they want.

If your child is over 10 years old, and increasingly as they approach 18 years old, then additionally you need to be watching how much time has gone by and to be sure you have calculated a correct Statute of Limitations date. However, a child as old as 15-17 can articulate their injuries, their fears and their desires usually a lot better than a small child can. The same rules relating to the Oregon Uniform Transfers to Minors act will apply though until the person reaches the age of 18 so there is still some likelihood that a court is going to be involved in this situation until the child turns 18.

In all honesty, because of the rules relating to handling one of these claims on behalf of a minor as well as the responsibility of the parent to in essence act as an attorney for the minor in these types of situations I would very strongly recommend calling an attorney to handle this on behalf of your child which in part allows you to just be the parent and help with the situation as a parent would. At Hunking Law, we are here to help, feel free to call and see what we can do to help add value to your life and your child's life.