A. Assess Accident Scene and Get Safe
Don’t stay in an area where you could be hurt! Other cars, leaking gas and angry drivers are all potential hazards. Be aware and use common sense to protect yourself and those around you. Notice your injuries and injuries to others. Address or get help in order of severity.
B. Get Professional Medical Attention Right Away
- Do not delay. Not all injuries are obvious.
- Report all Symptoms
- Make all appointments
- Follow Doctors' Orders
- Call Richard Rizk should you need a medical or chiropractic referral
C. File An Accident and Insurance Report form with Oregon DMV within 72 hours if:
- Damage to the vehicle you were driving is over $1,500, or
- Damage to any vehicle is over $1,500 and any vehicle is towed from the scene as a result of damages from this accident, or
- Injury or death resulted from this accident, or
- Damages to any one personīs property other than a vehicle involved in this accident is over $1,500.
- Get an Oregon Traffic Accident Form
D. Investigate At The Scene By:
- Taking Photos of Accident Scene;
- Taking Photos of Injuries;
- Talking Photos of Vehicles involved;
- Getting Names and Contact Info of all Witnesses;
- Write Down description of events preceding and following the car accident.
E. Immediately Call, then FAX your insurance agent...
to notify them of the loss. Give just the basic facts: Where, When, Who, and How. The Fax will confirm your notice to the Agent.
F. Hire an attorney with insurance experience.
Few attorneys know how insurance companies value claims. Fewer Attorneys know how to read an insurance policy. Richard Rizk has worked for Nationwide Insurance for a decade and with Oregon's largest insurance law firms. Richard has worked closely with those at the highest levels of the insurance business. Richard now represents persons who present insurance claims. Let his knowledge of the other side help maximize your claim.
Auto Intake Form
A. Give a recorded statement to the other insurance company without first seeking legal advise from a qualified attorney.
Insurance companies are businesses whose job it is to pay as little as possible for each claim. While an insurer has a right to investigate losses, claims examiners are trained to ask threshold questions that will limit or bar your claim-without you even realizing it. Richard Rizk was trained by insurance companies and their law firms and he is aware of common traps. Call him before calling the other insurance company.
B. Try to settle your claim before you know your damages.
Insurance Companies know that claims generally get more expensive with time. So, they offer small dollars right away to limit their exposure. Your claim is not a race-- wait until you know the extent of your injuries before discussing settlement. Otherwise you risk settling short. Richard Rizk will help you maximize your claim in as little time as possible. Call him at 503-245-5677 or email him at rich@rizklaw.com today.
Experienced and Effective Insurance, Personal Injury, Disability & Property Claims Attorney, representing clients in the Portland Metro Area of Oregon.
Some injured persons are not aware of extent of injury until much later when symptoms such as pain, stiffness, burning, reduced range of motion, appear. Get treatment before making statements about the nature and extent of injuries. If you have Oregon auto insurance, you will have Personal Injury Protection ("PIP") coverage to pay for your reasonable and necessary treatment due to a motor vehicle accident. Provide your auto policy number or claim number to all medical providers to help prevent delay in payment.
In Oregon, your auto insurance company is required to pay medical bills and certain other living expenses such as ongoing lost wages, medication, and in home assistance care while you are recovering from a motor vehicle accident, regardless of who is at fault. This "no- fault" coverage is known as Personal Injury Protection or (PIP). Money paid for "reasonable and necessary" medical treatment under your "PIP" coverage is usually, eventually reimbursed to your insurer by the insurer for the driver at fault.
Your Oregon "PIP" no fault PIP insurance carrier is required to pay all of your medical expenses within the first year reasonable and related to the accident, up to your policy limit (usually $15,000). However, an insurer will deny medical bills it believes is not related to the accident or excessive. To get the evidence it needs to deny a medical service, an insurer will send you to an insurance company doctor for a so called "Independent Medical Examination". Sadly, insurance company doctors are rarely impartial or independent. Most insurance doctors will say that your treatment is not necessary-- that explains why insurers use its own doctors rather than yours.
Your Oregon "PIP" no fault insurance carrier will pay at least 52 weeks of wage loss up to the maximum monthly amount of $1,250 assuming medical and wage loss verification and satisfaction the minimum off-work threshold.
If the accident was not your fault, you may pursue the at fault driver’s insurance company for your medical expenses as well as your pain and suffering. If you were at fault, suing your insurance company or requesting arbitration is your only option.
If you have health insurance, it usually pays additional amounts. If you do not have health insurance, you are responsible for amounts exceeding PIP coverage. Often, I am able to get the medical provider to hold off on requiring payment until case resolution.
Whether you must pay back your PIP carrier depends on the recovery election made by the PIP carrier early in the case. Often, I force the PIP insurer to elect to pay me a fee to recover the medical expenses or waive recovery out of my client’s settlement or award. Since insurers wish to avoid paying a fee, many do not require PIP repayment by my clients.
