After suffering an injury in a car accident, most Oregon drivers are eligible to collect compensation from the at-fault driver’s liability insurance.
However, if the other driver is uninsured or has a policy that cannot cover all of the damages, recovering compensation might not be so easy.
If an underinsured or uninsured driver has hit you or someone you care about in Oregon, the Rizk Law car accident injury attorneys might be able to help. Our Portland personal injury lawyers have recovered millions of dollars in compensation for our clients.
We understand what it takes to get the compensation our clients deserve for the harm they have undergone.
Why Choose Rizk Law?
Your choice of an uninsured car accident lawyer to represent you can shape your entire experience with the insurance claims process.
Over 20-plus years, Rizk Law has built a track record of success in uninsured/underinsured motorist claims, including:
- $460,000 verdict for a client injured after an uninsured driver loaned their car to a drunk driver who failed to yield
- $350,000 trial award for a truck driver hit by an uninsured and impaired wrong-way driver
- $200,000 payout for the full policy limits of the available liability and underinsured motorist coverage
- $200,000 recovery for a client hit by an at-fault driver without enough assets or insurance, along with the negotiation of outstanding medical bills
We take pride in being a Portland-based personal injury law firm that knows how to win cases against local insurers in Oregon courts.
As our client Samantha Boulet wrote of her experience with us:
“I had my first two accidents happen in one week. Neither of them were my fault. Thankfully I ran across Rizk Law by reading the reviews. I’m very happy I went with them. Kyle and Alex were caring, experienced, straightforward and supportive people to work with. Thanks to them I feel very good about the outcome and I would recommend Rizk Law to anyone who has been injured in a collision.”
Each case is unique, and past results do not guarantee future outcomes.
What to Do If You’re Hit by an Uninsured/Underinsured Driver
Knowing what to do if you’re hit by an uninsured driver can help protect your right to financial recovery.
Here are some steps you can take:
- Your top priority should always be your health and safety. Seek medical attention as soon as possible after any Portland car accident.
- At the scene, call 911 to report the crash. The police will be particularly important for confirming the other driver’s identity, documenting that they’re uninsured, and issuing any citations.
- Attempt to exchange information with the other driver, including names and insurance policy information. ORS 811.700 and 811.705 require all Oregon drivers to provide this info after a crash that results in property damage or injuries. If the driver can’t or refuses to give it to you, they may face serious penalties under the law.
- Take photos and videos of the crash scene, the vehicles, and any visible injuries. Get contact information from any witnesses, as well.
- Avoid speculating on fault or discussing what happened beyond the basic facts. Don’t accept any offers from the uninsured driver to just pay for your damages without involving insurance.
Afterward, contact a Portland uninsured car accident lawyer as soon as you can to review your legal options and initiate an investigation into the crash.
What Does Uninsured/Underinsured Motorist Coverage Include in Oregon?
All motor vehicle liability policies in Oregon that insure against a loss for bodily injury or death must provide coverage for accidents with uninsured and underinsured drivers under Oregon state law.
Under Oregon Statute 742.02, drivers must carry auto insurance policies that include:
- $25,000 in uninsured motorist bodily injury coverage per person (up to $50,000 per accident)
- $25,000 in underinsured motorist bodily injury coverage per person (up to $50,000 per accident)
Anyone who owns a motor vehicle in Oregon must carry a valid auto insurance policy that includes uninsured and underinsured motorist bodily injury coverage. Any drivers looking to renew a vehicle in Oregon must provide proof of their valid policy before they can register again.
With this type of insurance policy, your carrier should reimburse you for damages suffered in a crash with an uninsured or underinsured driver. You may be provided with compensation for losses such as:
- Pain and suffering
- Past and future medical expenses
- Lost wages (as well as future lost income) and benefits
- Ambulance ride
- Household out-of-pocket expenses
- Mental anguish
- Physical therapy
- Reconstructive surgery
- Funeral costs
Drivers are not required to carry insurance for property damaged by underinsured or uninsured drivers in Oregon, so coverage for damage to vehicles and other personal property must be purchased separately.
Although this coverage is not required under Oregon state law, it must be offered to you as an optional add-on when you purchase your policy.
Insurance Company Concerns With Uninsured Motorist Coverage in Portland, Oregon
When choosing a car insurance policy, you hope that the insurance company you choose will support you in the event you are injured in a crash.
Unfortunately, more often than not, their priorities are in their pockets instead of in the interests of their policyholders. Car insurance companies are massive corporations that have been known to habitually put their profits over the people who depend on them, despite what their commercials may suggest.
Auto insurers who withhold compensation for legitimate injury claims make money while their policyholders and injured parties suffer.
Car accident victims depend on these resources to get the medical care they need, and unfair claim settlement practices can prevent them from sufficiently healing their injuries, replacing their damaged property, and paying their bills.
How to File an Uninsured Motorist Claim in Oregon
Because uninsured motorist coverage is mandatory under ORS 742.502, it should be on your auto insurance policy if you have one.
If you were in a collision with an uninsured driver, you’ll file your uninsured motorist claim with your own insurance company, even though the other driver caused the crash.
Here’s what to do:
- Notify your insurance company promptly and tell them you may have an uninsured or underinsured motorist claim.
- Provide information about the collision, the other driver’s insurance status, your injuries, and any medical treatment you’ve received.
- Submit any proof-of-claim forms your insurer requires and include supporting records to help them evaluate your claim.
- Keep copies of your medical bills, wage loss records, correspondence, and other claim documents.
- Review any settlement offer with your attorney before accepting it, especially if your injuries may require ongoing care.
Frequently Asked Questions About Oregon Uninsured Motorist Claims
If you have questions about your uninsured motorist claim, Rizk Law can help. Here are some questions we hear most often about these cases.
How long do I have to file an uninsured motorist claim in Oregon?
ORS 742.504 generally requires that you act within two years of the accident to preserve an uninsured motorist claim. Within that time, you must either settle with your insurer, start formal arbitration, file legal action against your insurer, or file a lawsuit against the at-fault driver.
However, your insurance policy likely requires you to report the collision to your insurer as soon as possible.
If you end up pursuing a personal injury lawsuit against the uninsured driver or another liable party, ORS 12.110 still gives you just two years to file.
Reach out to a Portland car accident attorney at Rizk Law as soon as possible so we can determine the deadline, start investigating, and preserve critical evidence.
Do I have to prove the uninsured driver was at fault?
Yes. Your uninsured motorist policy essentially takes the place of the liability policy the at-fault driver should have carried. That means you still have to establish that the uninsured driver caused the collision and your injuries.
What if the other driver leaves the scene and cannot be identified?
Oregon uninsured motorist coverage can also apply to hit-and-run crashes. Report the collision to the police right away by calling 911, and promptly notify your insurer.
