General Legal Advice
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.
To avoid becoming a scam victim regard any call or email that asks any personal, business or financial information including a request to verify information as a possible scam!
Any legitimate callers or emailers will be willing to assist you in verifying that their calls or emails are legitimate. If they are pushy, anxious, evasive, or demanding when you ask questions or don't want to help you verify their identity or business legitimacy - they are scammers!
Here are the steps you need to take right from the start.
- Just don't respond to any emails that request personal or business info. Legitimate businesses that need your info will have a phone number and a person you can contact. Just don't respond to any requests for information by email ever. It is far too easy for people running international scams to send you emails with fake looking business logos and even fake return addresses. Also when you respond you signal that they have contacted a real person and you become a live fish on the hook for them to play with. You may also encourage them to further use your email address for spam. If you have to respond, do so only to request their contact information. But if you can tell who the business is from the original email, go to the next steps and don't reply.
- When contacted by phone, do not start answering questions or giving out information or any type - you start asking questions.
- Ask the caller to give you their full name, the name of the
company they work for, the location and name of the office they are calling from, a working number that you can all them back
on, and any extension you need to dial to get them back on the line. At this point most scammers will hang up but not always.
- Politely say you will call them back and hang up.
- Next use an independent means to verify the business and to verify that this call is legitimately related to a department in that business. Don't call the number you were just given. Instead use reliable independent sources of information you already have to contact the business. Remember that most billing statements have names, addresses and contact numbers so check your old statements for this info. If it's a bank, call your local branch. Once you have a good reliable number then call this number and ask to speak to the appropriate department depending on what the initial call was about. Discuss with someone in that department the call you received, who it was from, and the information you were given and what the caller wanted from you. Verify that the call and the request for information is for a legitimate reason related to the business.
- If the call is verified as legitimate - don't hang up and go back to calling the original caller. Instead ask to be routed internally to the call center where the person you need to talk to is located. Scammers can mimic legitimate calls and even give you correct information and ask questions that a real department employee would ask you. The problem is that there could be both legitimate calls and scam calls going on at the same time and asking the same questions. By asking to be routed internally from an office inside the correct business, you can be sure that you get to a legitimate department or call center and that you don't accidentally release info to a scammer the is convincingly mimicking a real call.
- If you don't have a number for the business from prior contact, then it may be necessary to research the business on the internet to get the proper contact number. This will only work for well known major businesses like American Express, or Bank of America. If it's a business you have never heard of before then even the website you find could be phoney.
- Still not sure? Then don't cooperate and give out any information. If there is truly a legitimate business need for you info you will probably get something mailed to you at an address that your previously gave to the legitimate business.
- Check for scam alerts. Below you will find information how to contact either the Oregon Department of Justice of the Federal Trade Commission to find out if the type of contact you have just gotten is a known scam. You can also try typing in the language from an email into your Google browser. The more common scams tend to use the same language over and over again and you will probably get a web page where your language is being reported and discussed by other consumers that have already spotted the scam.
- Don't get involved in scam baiting. There are even some consumers that will not only report the scam but will play along with the scammer and update their reports for you to read on various web pages. This is called scam baiting. I don't recommend playing this game because some of these scammers are real pirates with real guns and real bullets. They may be in some foreign country but they could have friends or relatives in the US and you could end up in a life threatening situation. So you can Google scam baiting if you want to read more about it but stick to just reading about it.
Other steps you can take:
Contact the Oregon Department of Justice.
(DOJ) They should be able to tell you if the type of call you got is part of a scam they are already aware of. Sometimes the scammer may already be under investigation.
If you have a question about a consumer-related issue or would like to
file a complaint against a business please contact the Attorney
General’s Consumer Hotline
at 1-877-877-9392 from 8:30 a.m. to 4:30 p.m., or complete an online Consumer Complaint Form
Some of the services and additional information on the DOJ website include:
Oregon Scam Alert Network
Here you can read about current scams and submit your email so you can be notified of scams alerts as they are released. There are also links to other helpful pages:
Go to the Federal Trade Commission website
and read about the various consumer fraud and identity theft problems that this website discusses. There is also advice on steps to take to protect yourself and what to do after you have become a victim to minimize your damages:
Under this topic you will find info on:
Limiting Unwanted Calls & Emails
phone calls and emails are important, some can be annoying, and others
are just plain illegal. Learn how to reduce the number of unwanted
messages you get by phone and online.
internet offers access to a world of products and services,
entertainment and information. At the same time, it creates
opportunities for scammers, hackers, and identity thieves. Learn how to
protect your computer, your information, and your online files.
Kids' Online Safety
opportunities kids have to socialize online come with benefits and
risks. Adults can help reduce the risks by talking to kids about making
safe and responsible decisions.
Protecting Your Identity
your important papers secure, shredding documents with sensitive
information before you put them in the trash, and limiting the personal
information you carry with you are among the ways you can protect your
identity. Find additional tips to reduce your risk of identity theft,
including how and when to order your free credit report.
Repairing Identity Theft
you suspect someone has stolen your identity, acting quickly to limit
the damage is key. Take a deep breath, and then place a fraud alert on
your credit file, order your credit reports, and call the FTC to report
Under this topic you will find info on:
- Children’s Privacy
The Children’s Online Privacy Protection Act (COPPA) gives parents
control over what information websites can collect from their kids. The
— with new provisions in effect on July 1, 2013 — puts additional
protections in place and streamlines other procedures that companies
covered by the rule need to follow. If you run a website designed for
kids or have a website geared to a general audience but collect
information from someone you know is under 13, you must comply with
COPPA’s requirements. Questions? Send them to CoppaHotLine@ftc.gov.
- Consumer Privacy
Think your company doesn't make any privacy claims? Think again — and
you've pledged. Consumers care about the privacy of their personal
information and savvy businesses understand the importance of being
clear about what you do with their data.
- Credit Reporting
Does your business use consumer reports or credit reports to evaluate
customers’ creditworthiness? Do you consult reports when evaluating
applications for jobs, leases, or insurance? Here's information about
your responsibilities under the Fair Credit Reporting Act and other laws
when using, reporting, and disposing of information in those reports.
- Data Security
Many companies keep sensitive personal information about customers or
employees in their files or on their network. Having a sound security
plan in place to collect only what you need, keep it safe, and dispose
of it securely can help you meet your legal obligations to protect that
sensitive data. The FTC has free resources for businesses of any size.
- Gramm-Leach-Bliley Act
The Gramm-Leach-Bliley Act requires financial institutions –
companies that offer consumers financial products or services like
loans, financial or investment advice, or insurance – to explain their
information-sharing practices to their customers and to safeguard
- Red Flags Rule
The Red Flags Rule requires many businesses and organizations to
implement a written Identity Theft Prevention Program designed to detect
the warning signs – or red flags – of identity theft in their
- U.S.-EU Safe Harbor Framework provides a method for U.S. companies to transfer personal data outside
the European Union in a way that's consistent with the EU Data
Protection Directive. To join the Safe Harbor, a company must
self-certify to the Department of Commerce that it complies with EU
standards. The FTC enforces the promise that companies make when they
certify that they participate in the Safe Harbor Framework.
Under this topic you will find information on:
- Credit and Loans
If you extend credit to consumers, are in the business of offering
loans, or help companies that do, know your compliance
responsibilities. (Looking for information about credit reports or
consumer reports? Visit Credit Reporting.)
- Debt If you market products or services promising to help consumers with
their debts – or assist companies that do – are you up on the rules and
laws that apply to your business? (For resources related to the Fair
Debt Collection Practices Act, visit Debt Collection.)
- Debt Collection
The Fair Debt Collection Practices Act protects consumers from
abusive or harassing treatment by debt collectors and establishes
guidelines for the industry. Is your company complying with the law?
The FTC enforces laws that protect consumers from deceptive mortgage
practices by certain kinds of lenders. The FTC also takes action when
companies use illegal tactics directed to people facing foreclosure. If
your company is within the jurisdiction of the FTC, are you complying
with the law?
- Payments and Billing Under the law, businesses must take steps to ensure that charges to
customers' credit cards, debit cards, phone bills, and other accounts
are authorized. Those principles also apply to mobile payments. Does
your company process payments for others? There are compliance standard
Under this topic you will find information on:
- Shopping & Saving
budgeting is the key to maintaining a financial safety net and spending
wisely. Whether you’re shopping for things you buy routinely — or
saving for that occasional big ticket item — planning is key. These
shopping tips can help you save money on everyday purchases, as well as
on some products and services you buy once in a while.
- Buying & Owning a Car
a car can be an expensive proposition. Read tips on buying vs. leasing,
negotiating the best deal, financing, getting the most out of
warranties and service contracts, using gas efficiently, and avoiding
- Credit and Loans
about credit and loans involve lots of factors, including how much
money you need, what terms you’re offered, and who is behind the offer.
If you are choosing a credit card or wondering whether offers of credit
and loans are on the up and up, these tips can help.
- Dealing with Debt
collection, debt management, debt relief, debt settlement... Debt is a
four-letter word that’s the subject of some complex laws. Learn how to
exercise your rights under the Fair Debt Collection Practices Act — and
how to recognize debt-related scams and frauds.
- Resolving Consumer Problems
don’t always go right. Sometimes you don’t get what you ordered;
sometimes you get an item of the blue. What are your obligations? And by
the way, are there advantages to using any particular method of payment
in terms of consumer protections?
Oregon driver's insurance policies must offer a minimum of:
Bodily injury and property damage liability
$25,000 per person; $50,000 per crash for bodily injury to others; and
$20,000 per crash for damage to others property
State law also requires every motor vehicle liability policy to provide:
Personal injury protection (for reasonable and necessary medical, dental and other expenses
incurred up to 1 year after the crash) $15,000 per person. (Coverage for lost wages up to $3,000 a month for up to one year is also part of PIP and is in addition to the medical coverage.)
And the policy must include Uninsured motorist (UM/UIM) coverage of
$25,000 per person; $50,000 per crash
What this means is that if you hit someone, your insurance will pay at most $25,000 maximum to each person injured and no more than $50,000 maximum for the total paid for all injuries. So if you have more than one person with more than $25,000 of injuries, your insurance company won't pay more than the maximum and you may be liable for any judgment in excess of the maximum coverage. This could mean that you may lose your house if you have equity above the current exemption amounts of $40,000 per person and $50,000 per married couple. Scary isn't it?
If you own property that has value, like a nice house with equity or a car worth more than $3,000, it would be wise to talk to an attorney and see how much exposure you have and find out how much more insurance you need to buy to protect yourself.
Now let's look at the protection you have for yourself under your policy. Your UM/UIM will pay you if you are injured by another driver up to $25,000 per person in your car, and up to $50,000 total per accident. Not very much if you are seriously injured by a driver with little or no insurance. One night in the hospital could chew up $25,000.00.
What often surprises people is that if a driver hits you, and has insurance, let's say the minimum required, $25k per person and $50k per accident, you might think that your own policy will then kick in and boost this to more, adding on your own $25k/$50k UM/UIM coverage. But it doesn't. The game is rigged by the insurance rules and underwriters. Currently the two policy amounts won't be combined. You only get your UM/UIM if it exceeds the amount of the other driver's coverage and only get the excess.
One of the best ways to protect yourself is to buy higher um/uim coverage if your insurance company offers it and you can afford it. This may mean buying an umbrella policy.
In Oregon you will also have a minimum of $15,000 in PIP to cover medical expenses. If you have other medical insurance this is probably sufficient. Just be careful if you ever need to use your PIP that you
don't use it all up immeidately for something like chiropractic care, and then find out you need other treatments that your HMO won't cover, like massages. Talk to your personal injury attorney as to ways to monitor and allocate the PIP usaage so you get the maximum benifit.