Getting into a car accident in Portland, Oregon, already comes with challenges, even if the driver is insured. However, you may have to sue an uninsured driver for damages if they do not have the necessary coverage.
If you have experienced any type of damage as a result of a collision with an uninsured driver, you need to hire an auto accident attorney in Portland to help you file a claim. At Henderson Taylor Law Firm, our team of auto accident attorneys has handled hundreds of auto accidents across Oregon, including more complex cases involving uninsured drivers.
Keep reading to find out how to sue an uninsured driver for damages to get the compensation that you are entitled to.
How to Sue an Uninsured Driver in Portland
If you have been the victim of a car accident in Portland, Oregon, you can usually pursue damages. If the at-fault driver does not have auto insurance, they are considered to be an uninsured driver, which can make getting compensation a bit more tricky.
The good news is that uninsured drivers can still be held responsible for their damages even if they don’t have insurance to provide a payout. You could sue someone for not having car insurance by filing a personal injury lawsuit, with the damages coming from their personal assets.
To do this, you will need to file a lawsuit that provides proof that they are indeed the negligent driver. Another option is to collect compensation from your own auto insurance carrier since you should have a certain amount of uninsured/underinsured coverage. Collecting this type of coverage can also come with its own challenges, so you will still need to provide proof of negligence.
Something to keep in mind is that a driver is not automatically at-fault just because they do not have insurance. Although this is a serious offense that comes with legal repercussions, you could still be found to be at-fault for the accident itself. That is why it is essential to follow the correct steps when filing a claim, as well as documenting evidence.
Strengthening Your Claim
Whether you want to sue an uninsured driver or collect compensation from your insurance carrier, you need to build a strong claim. The backbone of your claim needs to be proving negligence so that you aren’t found to be at fault for the accident.
Here are some things you can do to build a strong claim to get the compensation you deserve:
- Collision scene evidence: There are a variety of types of evidence you can collect to include in your claim to better prove who was at fault. This includes things like photos of the scene of the accident, your injuries, or your property damage. You can also check to see if there are any surveillance cameras or vehicles with dash cams that may have recorded the accident.
- Police report: When police officers arrive at the scene of the collision, they will also create a police report regarding the accident. This report can be very beneficial as it will often include who the suspected negligent driver is and how the accident occurred. If you are seriously injured in the accident, the police report will help to provide most of the evidence that you may not have been able to collect yourself.
- Medical evidence: After a vehicle collision, one of the first things you need to do is get medical attention. Seeking medical care will not only ensure you are not seriously injured, but it will also help to create medical evidence regarding any injuries or medical expenses. You may want to see multiple medical professionals to better document your injuries, and you need to keep track of all of your medical bills and receipts.
- Witness testimonies: If there are any witnesses to the vehicle accident, you need to collect their contact information. Your attorney can later contact these witnesses to get their testimonies regarding what they saw.
Aside from the steps you can take to strengthen your claim, you also need to hire an auto accident attorney in Portland. An attorney can help you every step of the way, including handling communication with the involved parties. Not only will this take some of the stress off of your shoulders, but it will help you to avoid disclosing too much information or accepting an unfair settlement offer.
The Importance of Uninsured Motorist Coverage
Oregon law requires drivers to have a certain amount of coverage in order to drive legally. The purpose of auto insurance coverage is to protect everyone on the road so that everyone has access to funds in case an accident occurs. Unfortunately, it is not uncommon for drivers to ignore these laws and continue to drive without the right coverage.
In Oregon, drivers are also required to purchase a minimum amount of uninsured/underinsured motorist coverage. The minimums are $25,000 per person and $50,000 per accident. If you are the victim of an uninsured driver, you can file a claim to access this coverage to help with medical expenses and property damage.
Uninsured motorist coverage can also help if you are involved in an accident with an underinsured driver. This is when the at-fault driver does not have enough coverage to cover your damages, which is when uninsured motorist coverage could help to make up the difference.
Oregon drivers also have the option of adding larger coverage amounts to their insurance policies.
Hire an Experienced Auto Accident Attorney at Henderson Taylor Law Firm
No matter what your damages are after an auto accident, suing an uninsured driver for damages may be necessary to cover the expenses you have been left with. Although this process is more complicated than other types of auto claims, it is still possible to sue someone without car insurance to get the compensation you need.
At Henderson Taylor Law Firm, our auto accident lawyers are committed to defending the downtrodden and helping victims of car accidents navigate the legal claims process. For expert legal representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
