If you are the victim of a car accident in either Washington or Oregon, you may want to file a claim after a car accident to receive compensation. Something to keep in mind is that although quite similar, Vancouver and Portland have slightly different laws when it comes to the claims process.
If you have been injured or sustained any property damage in a car accident, it is essential that you hire an auto accident attorney to help you as you file a claim after the accident. At Henderson Taylor Law Firm, our team of auto accident attorneys has handled hundreds of vehicle accident cases across Vancouver and Portland and can help you get the compensation you need.
Keep reading to find out how to file a claim after a car accident in Washington or Oregon.
How to Make an Injury Claim After a Car Accident
When you are involved in a car accident in either Vancouver, Washington or Portland, Oregon, there are certain steps you need to take. Your first priority should be ensuring your safety and that of your passengers, as well as reporting the accident. If at all possible, it is also beneficial to start gathering evidence at the scene of the collision.
A very important step to take after being involved in a car accident is to notify your insurance company as soon as possible. You will need to provide basic details about the car accident but avoid giving a detailed statement or admitting any type of fault. Be very wary of insurance companies that may try to offer a settlement, as this is usually not the full amount you are entitled to.
You will need to hire a car accident attorney who has experience handling Vancouver and Portland car accident cases. Your attorney can help you understand how to file a claim after an accident and how to provide the most substantial amount of evidence. They will also handle communication on your behalf to avoid the risk of you accepting a low settlement offer.
Making a Claim After an Accident: Washington Vs. Oregon Laws
Depending on whether the car accident was in Washington or Oregon, the laws may look a bit different for your situation. The good news is that Washington and Oregon have many of the same types of laws, even if they have different terminology. For instance, Washington and Oregon include economic and non-economic damages, but some of these types of damages may fall under the terms of special or general damages in Washington.
There are also different statutes of limitations in Oregon and Washington, which could have a huge impact on your ability to make a claim after a car accident. In Oregon, the statute of limitation is two years after the date of the car accident. On the other hand, the statute of limitation in Washington is three years.
It is essential that you understand the filing deadlines for both states and file your claim at the right time. If you go over the statute of limitation, this could pose a serious risk of your claim being denied.
The good news is that both Washington and Oregon use a comparative negligence law, which can help you receive compensation even if you are found to be partially liable for the accident. Comparative negligence helps to determine each person’s percentage of fault and what their financial responsibility should be. Because of this, you can still file a claim as long as your fault does not exceed 50%; however, being partially at fault will result in a smaller settlement.
How to Protect Your Rights When Filing a Car Accident Claim
When you have been involved in a car accident, you are entitled to receive compensation for things like property damage, lost wages, and medical expenses. In Oregon and Washington, personal injury protection can help with this as it is a mandatory type of coverage. Both states also require third-party insurance coverage so that the at-fault driver can help cover the damages of the car accident victim.
Even if it is clear who is liable for the accident, insurance companies can still be quite challenging to work with. Knowing how to make a claim after an accident isn’t always enough, as negotiation may also be required. Your attorney can help you build a strong claim as well as handle negotiations to ensure your rights are upheld and you get a fair settlement.
Additionally, here are some things you can do to create a stronger claim:
- Gather evidence: If you are not seriously injured, you should try to collect evidence at the scene of the collision while it is still accessible. You can take photos, gather witness contact information, and look for any nearby surveillance cameras.
- Get medical care: Getting medical care after a car accident is essential to ensure you and your passengers are not seriously injured. However, this will also help with the claims process as it will create a paper trail regarding any medical expenses or injuries.
- Limit communication: You should be very careful when it comes to communicating with anyone regarding the details of the accident. This includes communicating with insurance companies or the other driver, as anything you say could be used against you later on.
- Hire representation: You should never try to file a claim after a car accident without the help of an experienced auto accident attorney. An attorney will be up-to-date with the laws in Washington and Oregon and can help you with every step of the process to avoid common pitfalls.
Hire an Experienced Auto Accident Attorney at Henderson Taylor Law Firm
Whether you have been injured or have costly property damage, you have to cover after a car accident, filing a claim after a car accident may be necessary. However, before you start the claims process, you first need to understand the differences between car accident laws in the states of Washington and Oregon.
At Henderson Taylor Law Firm, our auto accident lawyers are committed to defending the downtrodden and helping our Vancouver and Portland clients get the compensation they deserve. For expert legal representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
