statute of limitations

Is There a Deadline To File An Injury “Claim” in a Vehicle or Bike Crash?

The Only Deadline with the Bad Driver and their insurer is The Statute of Limitations: Insurance companies will try many things to expedite your claim and force you to settle short. They want to provide you with the least amount of money possible for your injuries and avoid the prospect of you having a costly permanent injury.

This is especially true in “soft tissue” damage cases. For example, if you settle for $1,500.00 a week after the crash and then find out you need back surgery a couple of months later because the crash herniated a disc, then you usually cannot come back and demand more money from the bad driver’s insurer because you settled your claim for $1,500.00.

The insurer’s Stop Watch is Not Always Operating the Same Speed as the Court’s Statute of Limitations

The insurer’s Stop Watch is Not Always Operating the Same Speed as the Court’s Statute of Limitations

One way insurers try and pay minimal value for the claim is trying to rush you to settle. They will threaten to “close your claim” if you don’t settle that day. The bad driver’s insurance adjuster will say it in a manner that makes you think you can’t re-open the claim later. They may send letters noting the statute of limitations, but they will act differently on the phone. All you have to remember when dealing with the bad driver’s insurer is The only real deadline with respect to your Oregon bodily injury claim against the bad driver is the 2-year statute of limitations. See ORS 12.110(1) (2018) for specific language.

If you have any questions reading the statute of limitations or need more information regarding dealing with an insurance company please call Portland Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX represents people involved in car crashes and insurance disputes throughout Multnomah County, Clackamas County, Washington County, Columbia County, Umatilla County, Clatsop County, and throughout the state of Oregon.

Please refer to the law or contact an attorney and do not solely rely on this post. The statute of limitations is a BIG DEAL and you must be very clear on that issue if you intend on pursuing a claim for compensation against the driver. Please note uninsured motorist claims, Dram Shop Claims, Claims Against Public Bodies (Federal, State, County, and City), under-insured motorist claims may all have different statutes of limitations. This post may be considered personal injury lawyer advertising.