Passenger Injury – Car Accident Insurance Claims

Passenger Injury - Car Accident Insurance Claims

Passenger Injury Car Accident Claims

Car Accident Injury Attorneys – Hillsboro, Beaverton, and Portland OR

Passenger injury car accident claims are known as “third party” claims because they are filed against an insurance policy/company not owned by the plaintiff. If you were a passenger, it can make the claim a bit smoother since the issue of liability is not usually in play since you were not the driver. Liability will always be put on one of the drivers. If you were a passenger of an auto accident in which the driver was at fault and hit some other car and you were hurt, then the driver would likely be found liable.

Generally, as a passenger injured in a car accident, you are rightfully entitled to compensation for medical bills and pain and suffering. Read further for more information on passenger auto injury claims.

Filing a Passenger Injury ClaimDocumenting the scene of an auto accident

When filing a passenger injury claim, and liability is not obvious, the plaintiff will make the claim against both drivers in a two vehicle accident. However, if liability for the accident is evident then the passenger would only file a claim against the negligent party. If liability is determined to fall on both of the drivers, then the injured passenger would try to recover compensation from both insurance policies.

The amount of compensation awarded depends on many factors, including the extent of the injury, who is determined to be liable, and the size of the insurance policy of the at fault party. Even if your claim is worth more than the at fault party’s insurance policy, you will only get as much as the policy itself is worth if the at fault driver has no other assets to pursue.

Passenger Injury Claim Considerations

In the case that multiple passengers are injured in an accident, all of those injured will be filing against the same at fault policy. This means that with more people injured, there may be less money available to compensate everyone fairly. If you are involved in a car accident in which multiple passengers were injured, chances are you may get less than you deserve.

No matter what your situation, you should always consult an experienced car accident attorney to assist you in getting what you deserve.

PIP Insurance vs. Pain and Suffering Claims

Wiplash Injury Vs. Pain and Suffering

PIP versus Pain and Suffering ClaimsWrongful Death Attorney in Hillsboro OR

Personal Injury Attorney – Hillsboro – Beaverton – Portland Oregon

Personal Injury Protection (PIP)

Personal Injury Protection better known as PIP is no-fault medical coverage on auto policies that cover medical bills and often lost wages. Regardless of whether or not the accident was your fault, you are entitled to your PIP benefits. In the state of Oregon, all personal insurance policies are required to have two years or $15,000 of PIP coverage with the exception of motorcycle insurance policies which may or may not offer pip. For lost wages, you can receive up to 70% of your monthly income, but no more than $3,000 per month. This is good for a total of 52 weeks at any time during the two year period following the accident. PIP wage loss payments are not taxable. However, for pip to start paying wage loss, you must be off work for 14 consecutive days.

PIP is extended to all persons in the vehicle at the time of the accident. PIP can also include pedestrians that you injure with a car who have no health insurance or car insurance of their own. For example, if you are in a car with your mom and dad when an accident occurs, all three of you are entitled to the one year or $15,000 of PIP to cover your injuries and wage loss benefits. Even better PIP coverage is instant. Your medical bills and wage loss claims will be paid directly by the insurance company and there is typically no waiting period.

To use your PIP coverage, you must see a licensed health care provider such as a general care physician, chiropractor or physical therapist. If you are interested in seeing an alternative health care provider, call your insurance company to make sure it will be covered through your PIP. For example, to see a licensed massage therapist, you will want to have a referral to ensure that PIP pays that person’s bills.

Personal injury protection is different than pain and suffering compensation. PIP is no-fault coverage. Pain and suffering is another matter and is what you go after once you are medically stationary. You usually pursue that through the at-fault person’s insurance, but it can also be something you pursue through your own insurance if the at-fault party had no insurance. Pain and suffering cover emotional and physical pain and suffering as a result of the auto accident.

Pain and Suffering Compensation

If you have been injured in a car accident, and you are not liable, you can file a pain and suffering claim against the at-fault party’s insurance policy. This can be a difficult endeavor because the at-fault insurance company will not make it easy for you to get the compensation that you deserve. When filing a pain and suffering claim, you should choose an experienced car accident attorney to fight for your right for a fair settlement.

To ensure you get the best settlement possible, be sure you choose a credible auto accident attorney with a proven record of success. Your lawyer should be able to walk you carefully through the entire claim and settlement process to ensure you are properly compensated.

Highway 217 Flyover Ramp Tort Claims

Highway 217 Flyover Ramp Tort Claims

HWY 217 Accidents – Flyover Ramp & Tort Claims

Over the last 6 months, there have been dozens of car accidents on the Highway 217 flyover ramp where I-5 meets Highway 217 in Tigard, Oregon. The flyover ramp was constructed in 2001 and since then the expansion joint on the ramp has developed a gap that is approximately one inch wide. The gap in the expansion joint has caused numerous drivers to spinout and crash on the ramp. Experts speculate that the soil beneath the ramp could be partially to blame for the growing gap; however, this has yet to be proven. Officials from the Oregon Department of Transportation (ODOT) maintain that the Highway 217 expansion joint is within safety regulations and the high number of car accidents are due to drivers exceeding the designated speed limit. Motorists counter that the car accidents are instead a result of rain, which makes the flyover ramp increasingly slick and dangerous, and not irresponsible driving.

Tort claims filed against State of Oregon and Oregon Department of Transportation

Multiple car accident victims have filed tort claims against the State of Oregon and ODOT claiming negligence as they are seeking restitution for damages associated with the accidents, including for medical bills and car repair bills. If you have been a victim of the flyover ramp on Highway 217, it may be in your best interest to file a tort claim. Torts are essentially civil wrong doings and tort claims must be filed against the governmental entity within 180 days of the incident in order to preserve the right to file suit within the two year statute of limitations if you are unable to resolve your claim. These are negligence claims alleging that ODOT and the State have been negligent in the design, construction and maintenance of the 217 ramp.

Car accidents on HWY 217

There have been recent reports in the news of an ODOT official who expressed concern over the quality and stability of the ramp’s structure shortly after its completion. Furthermore, the company responsible for the construction of the flyover bridge has also been accused of finishing the bridge before the scheduled completion date, implying corners were cut, to receive a payment incentive from ODOT.

As a result of the dozens of car accidents on the Highway 217 flyover ramp, ODOT has installed large electronic warning signs to warn drivers to slow down as they go over the flyover ramp. This, however, does not compensate or address the victims of the car accidents; nor does it recognize the extreme damage and problems that result from the car accidents caused by the bad flyover joints. Automobile accidents are known to result in death, physical and emotional trauma, as well as expensive medical bills, missed work, stress and multiple other negative consequences. Victims of the Highway 217 flyover ramp are encouraged to consult a qualified Personal Injury Lawyer to discuss a possible tort claim and their legal options.

What to do in the event of a car accident in Oregon

What to do if you are in a car accident in Oregon

BE PREPARED BEFORE A CAR ACCIDENT EVER HAPPENSWhat to do if you are in a car accident in Oregon

No one can predict when an accident might occur, so it’s important to plan ahead. Always carry your insurance card, drivers license, and vehicle registration form. The scene of an accident or a traffic stop can be chaotic and very stressful.  Keep required documents readily accessible and check them on a regular basis to make sure nothing has expired.Continue reading

Pedestrian and Vehicle Related Accidents

Pedestrian and Vehicle Related Accidents Lawyer in Hillsboro OR

In a 2010 report published by the National Highway Transportation and Safety Administration, 4,280 pedestrians were killed and an estimated 70,000 were injured in traffic crashes in the United States. On average, a pedestrian was killed every two hours and injured every eight minutes in traffic crashes.

Oregon laws provide protection and opportunity for pedestrians to cross a street safely. Portland is ranked highly as one of America’s safest cities for pedestrians. Despite that fact,

Continue reading

Car Accidents & Oregon Personal Injury Protection (PIP)

Car Accident Attorney in Hillsboro OR

Car Accidents and Oregon Personal Injury Protection CoverageAuto Accident Attorneys in Hillsboro OR

How Does PIP Insurance Work?

According to the Oregon Department of Transportation, in 2012 there were 49,798 car accidents. Approximately half of the reported car accidents in 2012 resulted in non-fatal injury crashes with 39,085 persons injured as a result. The consequences from car accidents are many and they can result in physical injury, emotional distress, stress, pain, suffering, lost wages, medical bills and much more. Continue reading

Auto Insurance Independent Medical Exams

Auto Insurance Independent Medical Exams

Independent Medical ExamsAuto Insurance Independent Medical Exams

Those who think our system is out of control should really look no further than the insurance company efforts to shaft their own insureds. It is common practice now for certain auto insurance companies to send their own insureds for “independent medical exams” after they have been hurt in auto crashes in order to cut off their treatment.Continue reading

Car Accident Attorney Beaverton Oregon

Auto Accident Attorneys in Hillsboro OR

Car Accident Attorney serving Beaverton OR

 

Attorney Matthew Kehoe has seen it all in his over 28 years experience as a Car Accident Attorney. It’s hard enough to be a victim in a car accident, but to be victimized by an insurance company by prolonging the claim process and denying fair compensation just isn’t right. If you’ve been involved in a car accident, maybe it’s time to partner with one of Portland’s best car accident and personal injury attorneys.

Experience Counts in Car Accident Cases

With over 20 years in practice here in the Hillsboro & Beaverton Oregon area, Attorney Matthew Kehoe is highly experienced in car accident cases and knows what you are going through. As a seasoned Beaverton & Hillsboro car accident attorney, Mr. Kehoe is experienced with the tactics and ploys that insurance companies use to block or stall legitimate car accident claims. More importantly, Mr. Kehoe knows how to fight these tactics to get his clients paid as quick as possible and as fair as possible.

Car accident cases in Oregon can be complicated, especially when dealing with an insurance company whose main goal to save their company money. Having an experienced car accident attorney on your side can change everything when it comes to getting fair compensation for your accident. When it comes to car accident cases, what you as the injured don’t know can hurt your case. Beaverton Car Accident Attorney Matthew Kehoe helps his clients navigate the car accident claim confusion and claim what is rightfully theirs – fair compensation for their injuries.

Free Expert Consultation with a Car Accident Attorney

All car accident injury consultations are free at The Law Offices of Matthew H. Kehoe. As an experienced and expert car accident attorney, Matthew Kehoe can help you understand your rights, educate you on your rights as a car accident victim, and most importantly get experience on your side. The Law Offices of Matthew H. Kehoe works to protect the rights of our clients throughout the entire process of getting your claim settled.

Car Accident Injury Consultations with Mr. Kehoe are free of charge.

Beaverton Car Accident Attorney – What To Expect

Injury victims coming to The Law Offices of Matthew H. Kehoe meet with Mr. Kehoe personally. During this initial meeting, the process of investigating the circumstances surrounding your car accident begin. As an experienced and expert car accident attorney, Mr. Kehoe can answer all your questions regarding your car accident claim, and potential pitfalls to steer clear of.

Car Accident Cases are taken on a Contingent Fee Basis

The Law Offices of Matthew H. Kehoe handles car accident cases on a contingency fee basis, what this means to car accident victims is that they pay no legal fees unless their case is settled. Upon a favorable settlement, attorney fees are paid at a prior agreed percentage of the awarded amount. Car accident victims have nothing to lose, and much to be gained by having an experienced and expert car accident attorney on their side.

If You’ve Been Injured in a Car Accident

The Law Offices of Matthew H. Kehoe serves the entire State of Oregon, our law office is located in Hillsboro, near Beaverton Oregon, and depending on your location, we can come to you to conduct your free injury consultation. To learn your rights as a car accident victim and get expert help on your side, call The Law Offices of Matthew H. Kehoe today.

Recovering Injury Damages Pedestrian Cyclist & Auto Accidents

Bicycle Accident Attorneys in Hillsboro OR

Automobile Accidents involving pedestrians and cyclists – Recovering Injury Damages

Automobile Accidents involving Pedestrians or Cyclists

Determining who is at fault when a driver hits a pedestrian or bicyclist is the same as any other car accident injury case in the State of Oregon. For a driver to be held liable for an injury caused by his or her vehicle to a pedestrian, the injured must prove they were the victim of negligence on the part of the driver. In these cases, it must be proven that the responsible party did not show due care in the operation of their vehicle and that his or her negligence resulted in physical injury to the cyclist or pedestrian.

In these types of personal injury cases, most times the driver of the motor vehicle becomes the most obvious defendant. In Oregon, drivers are charged with operating their vehicles in a safe and reasonable manner for the conditions at hand. Many times the mere fact that the driver and his or her vehicle was involved in a collision with a pedestrian or cyclist is potential evidence that the vehicle was not being operated in a safe manner. This evidence will often be supported by a physical injury to the pedestrian which will support the driver’s failure to safely operate their vehicle.

Portland Pedestrian – Cyclist and Vehicle Accidents

Portland is often considered a cyclist and pedestrian-friendly city; this fact coupled with our readily available mass transit system, unfortunately, creates too many situations in which pedestrians and cyclists are injured due to inattentive driving.

There are several considerations to explore when trying to recoup damages caused by inattentive or reckless driving. Liability for injuries caused by inattentive drivers does not always stop with the driver. One example: in some cases, cities and counties can be held liable for injuries resulting from pedestrian/automobile accidents. If a city or county is aware of a dangerous intersection or stretch of road because of past automobile/pedestrian-cyclist accidents, and the city or county fails to modify that area to reduce risk to those that use it, they may have breached their duty to keep the public safe – and could be liable for damages because of that failure.

Experienced Personal Injury Attorney

When involved in an automobile-pedestrian/bicycle injury accident, it is important to have the assistance of an experienced, aggressive personal injury attorney to identify all potential parties that may have responsibility for the accident and to protect your rights. The Law Offices of Matthew H. Kehoe has served Portland Oregon area injury victims for over 28 years. We offer free consultations on personal injury cases and our experience in handling thousands of injury cases over the years gives you the opportunity to have all of your questions answered in a professional and straight forward manner.

If you or a loved one has been injured due to someone else’s negligence, please call The Law Offices of Matthew H. Kehoe today to get our expert experience on your side.

 

Passenger Injury in Car Accidents – Oregon

Passenger injury car accident attorney in Hillsboro OR

Car Accident Injuries and Passenger Rights in Oregon

What if you’re a passenger in a vehicle, and your vehicle’s driver causes an accident with another driver?  Many people wonder who they can recoup damages from for injuries sustained during such an accident since you cannot legally sue the driver of the other vehicle since they were not at fault.  In instances such as this, the insurance company of the vehicle you were in may cover the costs of injuries, lost wages, pain, and suffering and other damages.

Passengers in Oregon have the right to be compensated for injuries and damages sustained in accidents where they were not at fault.  Whether the passenger was in a car, truck, boat, or motorcycle, injured passengers have the right to pursue compensation from the insurance company of the vehicle operator and/or the right to recover damages directly from the operator of the vehicle.

As a passenger, what if the driver is a friend or family member?is it right to sue as a passenger in a car accident

Often times people will avoid trying to recover compensation for damages out of some sense of loyalty to their friends or family. In reality, the fact of the matter is that the injured party is not suing the friend or family member, but the insurance company that has been paid to ensure the vehicle and its occupants. People often overlook the fact that insurance has been purchased to protect the assets of their friends or family, just like people purchase home insurance to protect from events such as a home fire.

What to do if you have been injured as a passenger in a vehicle?

Obviously, the most important concern if you have been injured as a passenger in another person’s vehicle is to seek medical attention to assess the severity and extent of your injuries. If another vehicle was involved in the accident, make sure that the other driver’s information is recorded, as well as their vehicle and insurance information.

Using a cell phone with a camera or video capabilities is an excellent way to document the scene of an accident; you can read an earlier article on how to document the scene of a car accident using a cell phone.

Should you let your friend pay for your injuries out of pocket?

No. Anyone who has been around for a while has heard of stories of letting people pay for damages caused in an accident out of pocket, rather than reporting the claim to the liable person’s insurance company. The idea with this line of thinking is to allow the liable party to pay out of pocket for damages, thus keeping their insurance rates low.  More often than not these stories end negatively.  You may have injuries that take a long time to heal or require expensive medical imaging studies to determine the cause and no one wants to pay these out of pocket.  They also do not want to have to rely on a friend’s word to pay something that could run into thousands of dollars.  This is what PIP or personal injury protection benefits are for.  PIP is the “no-fault” medical coverage that all Oregon auto insurance policies must provide.

Oregon Law and reporting a Car Accident to DMV

In Oregon it is the law that car accidents must be reported to the Oregon Department of Motor Vehicles if any of the following are true:

1)      Damage to the vehicle you were driving is over $1,500;

2)      Damage to any vehicle is over $1,500 and any vehicle is towed from the scene as a result of damages from this accident;

3)      Injury or death resulted from this accident; or

4)      Damages to any one person’s property other than a vehicle involved in this accident are over $1,500.

Taking a friend’s word that they will pay for your medical expenses, time lost from work and other damages is very risky. With the high costs of health care these days, lost wages stemming from the accident, time off work, and long term complications that may result from the accident, your friend may decide that they can’t pay in the future. Costs associated with even minor injuries can mount significantly over time, causing a great burden on all parties involved. Most times when you weigh the“perceived” rift of opening a claim with your friend’s insurance company versus the strain of asking them to cover your expenses over what could be months or even years, the right decision is clear.

So, what should you do if you’ve been injured as a passenger?car accident settlement

If you or someone you know has been injured as a passenger in a vehicle, it is wise to contact an experienced personal injury attorney as soon as possible, especially if the driver of the vehicle you were in was at fault. The other driver’s insurance company and/or law firm will want to document the details of the accident quickly for their client. Securing a free consultation with an experienced attorney will let you know your rights up front, as well as recommended actions that should be taken to protect your rights and ensure that your needs are taken care of.

If an insurance adjuster contacts you before you have had a chance to meet with a qualified and experienced injury attorney, postpone giving a statement regarding the accident until you have met with a Personal Injury Attorney. Insurance adjusters will try and persuade you to give a statement quickly as they are trained to ask questions and get responses that will favor the insurance company. It is advisable to never give a statement, or answer any line of questioning from an insurance company without the knowledge or presence of your attorney.

Experienced Oregon Personal Injury Attorney

The Law Offices of Matthew H. Kehoe is experienced in dealing with insurance companies when it comes to injury cases.  For 28 years, our firm has helped injury victims throughout Portland and all of Oregon. Our firm has proven that we have the experience and tenacity to aggressively pursue and obtain full compensation for injuries sustained by the fault of another.

We offer Free Consultations for injury cases, and all cases we accept are on a contingency fee basis, meaning we don’t get paid unless you win your case.

Call our office to set-up your Free Consultation today, and put our years of experience to work for you.