Car accidents are highly traumatic events, and dealing with the aftermath can be extraordinarily frustrating. It doesn’t help that there is a significant amount of car accident myths in Portland, which can complicate the insurance claims process.
If you have injuries from a recent car accident, it’s vital that you separate fact from fiction. Common misconceptions about car crashes and insurance can cause you to make mistakes, jeopardizing your ability to recover financial compensation for your losses. A Portland auto accident lawyer can clarify your legal options for filing a claim.
Myth 1: You Don’t Need a Portland Auto Accident Lawyer for a Minor Crash
You don’t legally need an attorney to file a Portland personal injury claim. However, even “minor” accidents can cause devastating injuries and overwhelming bills. A Portland car accident lawyer can help you navigate the claims process and protect your rights.
Attorneys are highly familiar with pursuing insurance claims and understand what kind of evidence is necessary to prove your injuries and the other party’s liability. They can handle all the legal and administrative parts of making a claim and negotiate a settlement offer on your behalf. A lawyer can also help you file a formal lawsuit if insurance companies refuse to pay.
Without a lawyer on your side, it’s just you against the insurance company. You risk missing out on compensation when insurers minimize your injuries or put blame on you – or when you aren’t aware of all your possible sources of compensation. It’s also easier than you may think to make detrimental mistakes that can severely harm your case.
A Portland personal injury attorney has the experience, resources, and knowledge needed to stand up to manipulative insurers and demand the fair compensation you deserve.
Myth 2: If You Feel Fine, You’re Not Injured
Just because you feel okay in the immediate aftermath of an accident doesn’t mean you don’t have serious injuries. Shock and adrenaline from a collision can mask pain, and some injuries may not cause symptoms until days or weeks later.
For example, whiplash can create microtears in the neck muscles/ligaments that aren’t initially noticeable. You might feel fine for a week or two, then develop severe neck pain and migraines. Concussions are another common type of car accident injury that can produce delayed symptoms.
Even if you feel fine now, you need to seek medical attention after a car wreck. Aside from the risk of injury, delays in medical treatment can hurt your personal injury case. If you wait to see a doctor, insurance companies might try to argue that your injuries are not serious. It can also be much harder to get definitive proof of an injury if you wait too long to see a medical professional.
Myth 3: Insurance Will Cover All Your Costs
All insurance policies have a coverage limit, which is the maximum amount the insurance company will pay for a given claim. For instance, an auto policy with a $50,000 per person bodily injury liability limit will pay up to $50,000 for injuries to a single person after an auto accident.
Oregon law requires all drivers to carry a certain amount of personal injury protection (PIP) and liability coverage. However, the minimum amount may not be enough to cover the extensive injuries associated with car wrecks. Some drivers are also uninsured, which can make recovering compensation harder.
If insurance is insufficient to pay for your injuries, you may have other options, including:
- Personal injury lawsuit – You could potentially file a lawsuit directly against the at-fault driver. However, most people won’t have enough personal assets to pay a lawsuit verdict.
- UM/UIM coverage – Supplemental coverage, such as uninsured (UM) and underinsured (UIM) motorist policies, can make up for excess costs if insurance coverage is inadequate. Even your own insurance company likely isn’t working in your best interest, though.
- Multiple at-fault parties – If multiple parties are liable for your injuries, you can file claims against each one individually. This can increase the number of insurance policies available to you.
An attorney can help you find additional sources of compensation if you’ve reached insurance limits.
Myth 4: The Police Report Determines Who’s At Fault
Police reports are a crucial tool for establishing a timeline of accident events. But they are not the final word on liability. Insurance companies and courts determine fault using legal principles and evidence, and police reports are only one factor they consider.
Police reports contain information about the crash conditions and sequence of events. Although the reports themselves are usually inadmissible as evidence in civil trials, insurance companies and attorneys rely on them for facts to build a case. Police can also testify about the content of their reports.
So, while police reports are often crucial for establishing fault, they are not determinative. Other factors, such as eyewitness testimony or video footage, also carry weight. The insurance company will likely try to claim you were at fault, so having multiple sources of evidence is to your advantage.
Myth 5: Rear-End Drivers Are Always At Fault in Portland
People typically assume rear drivers are at fault for rear-end accidents in Portland. This presumption is due to Oregon’s tailgating laws, which prohibit following another vehicle closer than is “reasonable and prudent” given speed and traffic conditions.
The assumption is that the rear driver could have avoided the accident if they had been following at a reasonable distance. Since they didn’t avoid the crash, they must have been following too closely.
However, this isn’t always true. There are situations where the front driver can be at fault, such as:
- Sudden and unnecessary stops – If a front driver slows down or stops without a valid reason, they can be liable for rear-end accidents they cause.
- Reversing without warning – Distracted drivers might not pay attention while reversing and back up into other vehicles.
- Faulty or malfunctioning signals – Faulty turn signals or brake lights can confuse rear drivers and fail to warn them about changes in speed and direction.
- Reckless or aggressive driving – “Brake checking” is a type of aggressive driving behavior where front drivers intentionally slam their brakes to intimidate motorists behind them.
Myth 6: You Can’t File a Car Accident Claim If You Were Partially At Fault
Fault in car accidents is not always a one-way street. You can be partly at fault for your injuries if your own negligence contributed to the accident. For instance, if you were speeding when someone ran a red light and hit you, insurance adjusters and juries might judge you partially responsible.
Fortunately, sharing fault does not necessarily prevent you from recovering compensation. Oregon’s comparative negligence laws let accident victims obtain compensation even if they contributed to their injuries. The catch is that shared negligence will reduce any compensation you receive by your percentage of fault.
Here’s an example: Say you are 20 percent at fault, and your total losses are $100,000. After accounting for comparative fault, you would receive $80,000 ($100,000 – 20 percent).
However, Oregon uses a “modified” comparative negligence system that puts an upper limit on how much fault you can share and still pursue recovery. As long as you are less than 51 percent responsible, you can claim compensation.
The structure of this system means that minimizing your fault is the key to maximizing compensation. A reliable Portland auto accident attorney can effectively present your case to argue against claims of shared fault.
Myth 7: All Personal Injury Lawyers Are the Same
Not all personal injury lawyers are equal in their skills, training, and experience. Some might provide aggressive representation, while others favor a more conservative approach. Attorneys also have different preferences concerning client communication, negotiations, and pursuing litigation.
Your choice of personal injury attorney can have a substantial impact on the outcome of your claim, so you must consider your options and choose wisely. These factors should guide your search:
- Area of focus – General attorneys might practice several areas of law but lack deep experience in any of them. Attorneys who focus their work on one domain of law, such as personal injury, are more likely to have in-depth experience that is relevant to your case.
- Case results – What really matters is if your attorney can get results. Specifically, look for results from cases that are similar to yours. You should also value quality over quantity. An extensive list of small settlements may indicate that the firm compromises, while a shorter list of substantial settlements can suggest that the firm takes its time with each case.
- Testimonials – Testimonials from other clients can paint a picture of what working with a specific attorney is like. They can also tell you what things the firm does well.
- Compatibility – You’ll spend a lot of time with your attorney, so you need someone you feel comfortable with. Your attorney should match your communication preferences and be responsive when you ask questions.
Contact a Car Accident Lawyer in Portland
Car accident myths are widespread, and it’s our duty as professionals to expose the truth and combat legal misinformation. If you have injuries from a car accident in Portland, reach out to the attorneys at Rizk Law.
We have a proven track record of meaningful car accident settlements and verdicts and a meticulous approach to investigations that leaves no stone unturned. When it’s your money and well-being on the line, you need an attorney who won’t compromise. We have many satisfied clients who can attest to our skills at the negotiating table and in the courtroom.
Contact our offices online or call today for a free consultation with a Portland auto accident attorney.