In most accidents, like when you are rear ended, it is not going to be an argument about who is at fault. The argument is going to be about the amount of damages. Insurance companies have a deliberate and carefully orchestrated plan to minimize how much they will pay out and it starts with the adjuster from the insurance company for the other driver car calling you and saying she or he is so sorry to hear about your injuries and they will take care of you - all you need to do is give them a recorded statement and sign some documents so they can view your medical records. This is a trap designed to carefully document your post accident progress in a way that most favors the adverse insurance company (for the other driver). Their goal is to pay you as little as possible. They play on your emotions so you think they are being helpful and you will cooperate with whatever they ask for. They will act so nice and even start talking about paying you money - all so you won't hire your own attorney.
Every case they can lowball means more profits for their company. They can then throw up statistics at attorneys like myself to tell us our future cases aren't worth anything. In the early 1980's I used to get offers of $10,000 pretty regularly to settle soft tissue injury cases like yours. Now 30 years later I am lucky if I can offers of more than $1,500 to $3,000 and the insurance companies will battle like crazy to avoid paying a dime more. They will spend far more to avoid paying out a claim then the amount they are arguing about not paying. It is no longer about the cost of settling the case or the fairness of the damages paid. It is about lulling accident victims into taking law ball offers when they don't know any better and making cases that are handled by attorneys as difficult and unprofitable as possible so that future claims can be settled as cheaply as possible.
We PI lawyers fight vigorously to stop the trend of low ball offers, unfair tactics, and cost prohibitive legal maneuvers. We are willing to take cases up on appeal when necessary to protect the legal rights of consumers like yourself. We fight for new laws that protect your rights by hiring lobbyists and going head to head with the well paid insurance lobbies every legislative session.
So by hiring a PI lawyer, preferably on that is a member of the Oregon Trial Lawyers Association (just ask), you will not only get a better settlement then you would on your own, even after paying a percentage as attorney fees, you will also stand up for your rights and the rights of other accident victims to get a fair and full settlement.
Understand that you have PIP coverage under your own Oregon insurance policy. This is a mandatory no-fault additional coverage in all Oregon Auto Insurance policies. What the other driver's insurance company does with yor claim doesn’t effect your right to this coverage nor will using it effect your insurance rates. This will pay for your medical treatment up to $15,000 and will pay for up to a year of treatment. If you need to take time off of work, you may qualify for the lost wages that PIP will pay in addition to your medical bills. (You need to be off work a certain amount of time to qualify.) Your PI lawyer will see to it that you are able to take full advantage of your PIP coverage, so you can get the treatment you need and your lost wages while you recover. You should not even consider settling your case until your injuries resolve. You have up to two years before your case would need to be filed in the court so this is usually enough time to allow yourself to recover with time to spare that attempts can be made to settle the case. Your chances of getting a fair settlement are much better if you first heal from your injuries and a demand package with complete information as to your treatment and medical bills is sent to the other driver's insurance company. Your PI attorney will handle all of this for you.
As for car damages, if you have full coverage you can address the car repair or replacement by using your full coverage. If you have a deductible you may need to pay it but it will be reimbursed later on. If you don't have full coverage, a fairly new law (lobbied for by OTLA), now requires that the other driver's insurance company make you a fair offer immediately for the amount of your repairs or the replacement value of your car. Your PI attorney can help you facilitate this. Just don't be deceived that the other insurance companies willingness to settle your car damages is due to anything other then the fact that they are now obligated to do this under Oregon Law. It is not a sign that your case will be settled easily without legal representation. In fact, if they try to total your car they will still play all sorts of games trying to argue that your car isn't worth much. Your PI lawyer should be able to help you establish the fair market value of your car if it is totaled.
There are simply many advantages in hiring an experienced Personal Injury Lawyer as soon as you are able to contact one. Most lawyer will talk to you about your case at no charge and will take your case on a contingency so there is no up front cost to you. The professional experience they will bring to bare in handling your case against well funded insurance companies who will be doing everything they can to minimize your claim is invaluable.