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Oregon Uninsured Motorist Claims
Posted: Tue May 4, 2010, 6:04 pm
by Richard Rizk

During a bad economy, we all cut costs. Now more than ever many Oregonians cut costs by driving uninsured or driving with not enough insurance. Richard Rizk receives many calls from panicked drivers seriously injured by an uninsured driver or underinsured driver. Good News: If you have an auto insurance policy issued in Oregon, you also have at least $25k in uninsured motorist coverage. When you are hit by an uninsured motorist, your own insurer “stands in the shoes” of the bad driver. Your own auto insurer is, by contract, responsible for your reasonable and necessary personal injuries. 

Strange as it sounds, if you have sufficient uninsured limits, getting hit by an uninsured driver (as opposed to an insured driver) can actually be a good thing since you have more rights against your own insurer than someone else’s. Also, if your case goes to trial, jurors may award more against an insurance company than they would against an individual driver. Your policy may require you to arbitrate uninsured claims against your auto insurer. Arbitration is not necessarily bad either as it is often quicker and cheaper than trial.       

Unfortunately, many insurers know uninsured motorist coverage is widely misunderstood.  Confusion is fueled by the fact that many claims examiners from the same company may work the same claim from different perspectives. For example, there may be a claims person assigned to value your car, another to pay benefits under no fault (PIP) coverage and still another to evaluate fault and even another to assess underinsurance claims.

Avoid endless debates with claims reps. If you are faced with an uninsured or underinsured auto injury accident claim, call or email Richard Rizk at (503) 245-5677 or rich@rizklaw.com.

Richard Rizk, Personal Injury Attorney, Disability Attorney, Insurance Attorney.                                  

 

Rizk Law Archives
We the people...Wed August 25, 2010, 12:22 pmRichard Rizk
We the people... In the beginning we the people of the United States, to create a more perfect union, declared independence from an “out of touch” British monarchy. A great nation was born. Americans pledge allegiance to the United States of America…one nation under God. We proudly sing the national anthem before baseball games, our national pastime. The statue of Liberty marks our greatest... [Read More]
New Address, Phone and FaxMon August 16, 2010, 4:45 pmRichard Rizk
My law office has moved. The new address is 1332 SW Custer Drive, Portland Oregon 97219; Phone is (503) 245-5677/ Fax: (503) 245-5680.

... [Read More]
Fri August 13, 2010, 1:27 pmVerne Pence
Richard H Rizk
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Safety Person of the Year - Richard RizkThu August 12, 2010, 5:26 pmScott Bowker
Richard Rizk is the Far West Ski Association\'s 2010 Safety Person of the Year . He developed a winter safety speaker awareness series which addressed winter driving, terrain park safety, ski risks and the law, and ski patrol advice. Richard also contributed significantly to development... [Read More]
My new AVVO Rating: Click here Tue August 10, 2010, 4:39 pmRichard Rizk
http://www.avvo.com/attorneys/97219-or-richard-rizk-1497560.html

 

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Fear of Miscarriage: A Separate Pain & Suffering Claim Fri May 7, 2010, 1:05 pmRichard Rizk
The following information is important if you were injured in an automobile accident while pregnant. The rule discussed below also applies for other personal injury claims suffered while pregnant.

Oregon Courts recognize a special claim of pain and suffering claim for fear of miscarriage.

Fehely v. Senders 170 Or 457, 135P.2d 283 (1943).

Fehely involved a plaintiff who was injured in a car... [Read More]
Basics of Oregon Ski LawThu March 4, 2010, 4:15 pmRichard Rizk
 "The Basics of Oregon Ski Law" was presented by Northwest Ski Club Council V.P. and Oregon Attorney Richard Rizk  at N.W.S.C.C.’s February meeting.  Main points of his presentation are set out below.

1. The “Inherent Risk Rule”: (ORS) 30.975

 Under Read More]

Water Losses: Pain & Suffering DamagesFri February 19, 2010, 4:12 pmRichard Rizk
Most states do not allow pain and suffering damages for property losses. Oregon is an exception.    

In Edwards v Talent Irrigation District, 280 Or. 307, 309, 570 P.2d 1169 (1977), defendant\'s negligent acts caused water from their irrigation ditch to flood the plaintiff\'s property. The court awarded the plaintiff damages for "mental anguish" as a result of the defendant\'s interference... [Read More]
Understanding Auto Insurance CoveragesWed January 27, 2010, 12:32 pmRichard Rizk
You were in an auto accident. You have insurance. So you are covered…right? Well, maybe.

Auto insurance policies contain multiple coverages. Each coverage serves a specific purpose. If your accident involves more than two vehicles, high damages or two vehicles insured by the same company, sorting out insurer roles can be tricky. This problem is compounded by claims examiners who do not clarify... [Read More]

Insured v Insurer: Motivating Insurers Mon November 30, 2009, 6:37 pmRichard Rizk
You paid thousands in insurance premiums and have presented few, in any, claims… until now. As a loyal customer you innocently believed that if someday you made a claim, it would be promptly and fairly resolved. Wrong!

Instead of quick claim resolution, you were delayed, denied and treated like a petty criminal. Instead of prompt claim payment, you now face a “no win” choice: accept a denied claim or file... [Read More]
Chart Notes & Insurance ClaimsMon November 30, 2009, 4:49 pmRichard Rizk
It\'s not fair!! When it comes to claims, what happened in an accident matters less than what is documented...

Insurers are more accepting of injury claims which are well documented in medical chart notes. Why? Because real time documentation is strong evidence of what really happened and because insurers know folks are most truthful when speaking to their own doctors.

Consider this example: You are in an... [Read More]
Death and Serious Injury Claims against Drunk DriversWed November 25, 2009, 5:04 pmRichard Rizk

It happens in different ways.

Jim should be alive. He waited for the crosswalk light and began walking across. About half way through a drunk driver ran him down, sped off and left him for dead.  

Sally just finished tuning her road bike. Excited to meet friends later on, Sally happily pedaled in a bike lane she knew well. Seconds later, a taxi... [Read More]

Life Insurance DisputesWed November 25, 2009, 4:32 pmRichard Rizk
 Knowing this might happen, you or your loved were responsible. A life insurance policy was purchased. On paper you were protected against post death financial losses. You never dreamed you would inherit an insurance dispute rather than financial protection. 

Sadly, some life insurers cannot resist temptation to evade life insurance promises. The potential savings to the insurer is just too... [Read More]

Oregon PIP Insurance UpdateThu October 1, 2009, 2:59 pmRichard Rizk
“PIP”, an acronym for Personal Injury Protection, refers to medical and wage loss insurance benefits under your auto policy or the auto policy of the driver, if you were a passenger. PIP insurance is “no fault”. In other words, PIP benefits apply even if you were at fault. PIP also provides at least $2,500 for reasonable and necessary funeral expenses related to a motor vehicle accident. 

Read More]
Oregon Auto Insurance PIP Law: Whole New World? Thu March 19, 2009, 1:16 pmRichard Rizk
"PIP" is an acronym for Personal Injury Protection. In Oregon, most all auto insurers (exceptions exist for some commercial drivers, for example) must provide medical coverage known as "PIP" in auto policies issued in Oregon. PIP is required no fault insurance provided by your own motor vehicle insurer.     

PIP insurance coverage pays an injured party... [Read More]
US Supreme Court Protects Workplace WhistleblowersMon January 26, 2009, 12:13 pmRichard Rizk
In Crawford v. Metropolitan Government, the U.S. Supreme Court in January, 2009 unanimously declared that federal law protects workers from retaliation, even when the worker did not personally complain about discrimination on the job. Ms. Crawford asserted she was fired after cooperating... [Read More]
Employment Claim Resolved: A Note from a Past Client Mon January 26, 2009, 11:56 amS. Crawford
Dear Richard:

My situation was so incredibly ridiculous that no one believed me until I brought my case to you, you stood up for me when no one else would, you were my voice when I didn\'t have one, and you never backed down. You stood strong by my side while we fought the battle and won the war! I couldn\'t have done it without you. I couldn\'t have been blessed... [Read More]
Oregon Insurance Claim Practices LawTue December 30, 2008, 12:45 pmRichard Rizk
"Can an insurance company really do that?" is a question I am regularly asked. With some exceptions (such, for example, employer provided disability plans) insurers are regulated by state, not federal law. In Oregon, our starting point for assessing an insurer’s practices is Oregon’s Unfair Claim Settlement Practices Act found at ORS 746.230.

To help you better understand how an... [Read More]
What I Do For YouWed November 19, 2008, 2:02 pmRichard Rizk
I am a personal injury attorney and an insurance attorney practicing in the Portland metro area. But what does that really mean?

 As a personal injury attorney, I help people who are injured due to the fault of another obtain fair compensation for injuries. A key is fault. Injuries that are not the fault of some one else, are usually not compensable. While not a complete list, here... [Read More]
An Examination Under Oath: Not Your Father’s DepositionThu November 13, 2008, 3:52 pmRichard Rizk
You have submitted a property loss claim or uninsured motorist claim[1] to your insurance company. So it can better understand the loss, your insurer asks to provide information and complete some forms describing your damage. You dutifully do so.... [Read More]
Recommending Richard RizkWed November 5, 2008, 3:15 pmProfessor Ron Arturi
To say that by having Richard Rizk adjudicate an insurance claim was a serendipitous event is an understatement. My wife, a registered nurse, was seriously injured. Three attorneys, upon separate accounts over several years, failed to achieve monetary compensation. One attorney, who knows Richard from law school, recommended his firm.

What three attorneys could not accomplish over a decade, Richard was able to establish a... [Read More]
Oregon Supreme Court Finds Diminished Value Coverage Fri October 24, 2008, 12:54 pmRichard Rizk
On October 23, 2008 the Supreme Court of Oregon decided a case which will likely require many insurance companies to pay for diminished value of a vehicle caused by an accident. In the decision, Gonzales v. Farmers Insurance, Oregon’s highest Court stated:

"We hold that "repair," as used in the policy at issue in this case, requires defendants to restore plaintiff’s vehicle... [Read More]
A Pumpkin Too Great? Fri October 17, 2008, 1:23 pmRichard Rizk
Pumpkin Patch Safety

A crisp autumn day. Skies were clear. Leaves rustled in the breeze. A perfect day for a fall outing!  So, mom, grandma and 4 year old Charlie gathered their coats and headed to a local pumpkin patch. 

Upon arrival the trio quickly... [Read More]
Cascade’s Winter Safety SpeakersThu October 16, 2008, 4:54 pmRichard Rizk
Ski Friends:

When I am not working to resolve insurance claims, I snow ski. From 2005 to 2008 I was President of Cascade Ski Club. In that capacity, I helped resolve a longstanding property dispute with a local Government Camp ski / ride resort. With the money from that settlement, Cascade Ski Club has paid off its mortgage and has hired a top... [Read More]
Understanding InsuranceThu October 9, 2008, 4:37 pmRichard Rizk

What do cavemen, geckos, snoopy or a ditzy young girl have to do with insurance? Nothing!

Insurance companies distract consumers... [Read More]

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