Wrecked and Repaired Car Is Now Worth Less-10 Things to Know About Diminished Value in Oregon

As an Oregon Personal Injury Attorney I am often confronted with various issues that are caused by a car crash.   Dealing with insurance companies, trying to get medical bills paid, and trying to get lost wages paid are all pretty common.  However, there is also another claim that pops-up every so often.  This is the "diminished value claim."  

These claims are more and more common these days and should be pursued if the economics make sense.  There are numerous little nuances that should guide a person in considering filing a diminished value claim, but below are just a few things that should assist you:

What is a Diminished Value Claim?  Diminished Value claims arise after a vehicle has been damaged by the negligence of another (usually a bad driver.)  The claim arises from the fact that a vehicle that has been in a crash is now worth less than a vehicle that has not been in a crash.   The diminished value is the difference between what the vehicle was worth before the crash and what the vehicle is worth now.

How Much Can I Get On A Diminished Value Claim?  The amount varies.   To determine the amount of the claim an expert will look at how much the car is worth immediately after the crash compared to how much it was worth immediately before the crash.   For example, a 2 day Bentley that was in a crash may be worth $120,000.00 before the crash and now it is only worth $80,000.00 after it has been repaired.  The diminished value claim would be $40,000.00.  However, things change if you change the type and the age of the vehicle.  Now picture a 1999 Ford F-150 that is barely running before the crash.   The truck maybe worth $1500.00 on a good day.  The truck is in a crash and professionally repaired, now it probably is worth roughly the same because it did not have much value to diminish in the first place.  

What Variables Affect The Amount I can Get From A Diminished Value Claim?  Each claim is unique, but usually vehicle make, model, year are important.  Also, the damage to the vehicle is important.  Whether or not OEM (Factory) parts were used is a variable that can be taken into account.  

How Is The Diminished Value Determined?  Experts that are usually people that have worked in the automotive repair industry for years render an opinion regarding the diminished value.   They are usually paid a fee for their work and can provide you a report regarding their findings and the amount of the diminished value. Some Portland Oregon Body shops will offer to render a Diminished Value Opinion for a fee.

Who Do I Make A Diminished Value Claim To?    If you handle the claim yourself you should make the claim to the Insurer of bad driver that damaged your car.  

The Insurance Company Says They Don't Recognize Diminished Value Claims?  I have heard from clients that attempted to make a diminished value claim that the bad driver's insurance company claims they don't recognize Diminished Value Claims.  That may be the case, but Oregon Law recognizes these as valid legal claims.  What this means is if the insurance company claims they are not going to pay out because they have a policy of not honoring diminished value claims you can file a lawsuit seeking damages for the diminished value and may have a claim against the insurer that the Insurance Commissioner would be interested in investigating.

My Diminished Value Claim Is Not Worth Much, Should I Pursue It?  It depends.  Some claims for diminished value may only be a couple of thousand dollars.  Usually these small claims are not filed because people believe the case is too small for an attorney to take.  However, Oregon has laws that enable attorney's to get paid on small cases under $10,000.00.   I have written a blog article on ORS 20.080 and if you have a small Diminished Value Case you should read the article and call me at 503.224.1658 if needed.

Do Attorneys Represent People in Diminished Value Cases?  Yes, but it is not  always necessary.  Some claims may be viable small claims court actions.  However, the insurance company will likely attempt to remove the case from small claims.  I represent people with smaller diminished value claims.  See my  blog article  on small cases in Oregon for more information. 

How Do Attorneys Get Paid In Diminished Value Cases?    Most attorneys get paid on a contingency fee.  However it depends on the amount of the claim.   If there is a large amount of diminished value then it may make sense to pay an attorney hourly.  If their is a small diminished value claim that is risky the lawyer may want you to pay an hourly fee.   I take almost all diminished value cases on a contingency fee.  What that means is I do not get my attorney fees paid unless we win the case. 

Do Diminished Value Cases Apply To Bicycles? It may, but it depends.  A newer unique expensive bikes can be damaged in a small crash with a motor vehicle.  These often happen in minor crashes (For example if you were "doored" at a low speed.)     If the frame or other parts are  slightly bent, but the bike still functions there may be a viable diminished value claim.  However if the bike is a run of the mill off the shelf bike (think $1500.00 or less)  then most likely you are not going to have a viable diminished value claim.

Why Didn't You Answer My Question About Diminished Value Cases In Oregon?   As I said earlier, there are numerous issues that can arise in these cases.  Please Call me if you have a question.  Call Portland Personal Injury Law Firm Ross Law LLC at 503.224.1658.

If you or someone you know has been in a car crash and is injured or their car was damaged feel free to call me, Jeremiah Ross, at 503.224.1658 for your free personal injury or diminished value consultation.  Please remember the law is constantly changing and this blog post should not be used as a basis for filing a diminished value claim.  Please look at the law or discuss your case with an attorney.   

SLOW DOWN! School Is Back in Session- Five Things Every Driver Should Know About Oregon's School Zone Traffic Laws

As I rode into work this morning, I noticed the normal sleepy streets of SE Portland had awakened.  These usually quiet streets were filled with hundreds of kids with tiny backpacks.  Parents and kids both were walking or riding to the first day of school with smiles on their faces both reflecting anxiety and excitement.  However drivers faces were different.  

Drivers appeared grumpy, impatient, and annoyed. The added congestion caused unexpected delays around the school, and now the drivers were going to be late.   As a result,  some drivers drove more aggressively to try and make up for the time they have lost stopping at crosswalks, having to slow down in school zones, and the added traffic congestion around schools.   It is not difficult to imagine the tragic consequences that can occur if excited kids are near roads that are occupied with frustrated drivers.  

With that said many Oregon Driver's know to slow down near kids, but may need a little reminding of the laws that they must follow in order to minimize injuring a child with a vehicle. Here is a run down of some of the basic laws in Oregon that apply near school zones or kids:

What is a School Zone?  Certain traffic laws apply differently in and out of "school zones" so it is important to know what a "school zone" is.  ORS 810.462 defines what a school zone is.   IT notes there are two types of school zones, either an area near a school, or an area near a cross walk.  School Zones are created by putting signs up.   

How Will I know I am Driving in a School Zone?  There should be signs posted around the school zone alerting you that you are near a school zone.

Is there An Automatic Speed Limit in a School Zone?  No, a school zone does not automatically have a speed limit of 20 MPH.  The 20 MPH school zone speed limit is only active during certain periods of time. 

What are the Speed limits in School Zones?  The speed limit in a school zone is 20 MPH.  However, when that speed limit is in effect depends on the type of school zone it is.  If the school zone is adjacent to the school grounds then the "posted" speed limit is in effect when a flashing light indicates when children are coming to or leaving school.   If the school zone is near a crosswalk away from school grounds the 20 MPH school zone is in effect when the school zone light is flashing or when children are present.  For more information see (ORS 811.124)

What does "when children are present mean"?  Oregon law (ORS 811.124) defines "when children are present" as when kids are waiting to cross the crosswalk or a school safety person is at the crosswalk.  

It is imperative that any driver follows these laws not only to avoid a costly ticket, but more importantly no one wants to injure or kill a child with a vehicle.  Following the law is one of the easiest way to minimize the chance that you may injure or kill a kid while you are driving.  Personal injury crashes involving children are tragic for so many reasons.  Please slow down to avoid being in one of these crashes.

If your child, or someone you know, has been involved in a traffic crash near a school, call Personal Injury Lawyer Jeremiah Ross at 503.224.1658 for your free personal injury consultation.  Portland Oregon law firm Ross Law LLC is happy to discuss any personal injury case you may have.   Please remember the law is constantly changing and please check with an attorney before relying on any of the laws cited above. 

What are PIP Benefits? 15 Things to Know about Oregon PIP Benefits

If you have been in a recent car crash, you may have heard something about "PIP" benefits or "Personal Injury Protection" insurance.  As a Portland Oregon Personal Injury Attorney I can say the law mandating PIP benefits has assisted countless people that have been in a car crash in paying for reasonable and necessary medical treatment, lost wages, and funeral benefits. There are numerous things to know about PIP, but I did my best to boil it down to 15 things:

1. What Are PIP Benefits? "PIP benefits" is just a term for Personal Injury Protection benefits. These benefits are "no fault" benefits that are provided by an insurance company that issued an automobile insurance policy in Oregon. However, many self insured companies don't have PIP Benefits. Companies and Entities such as Tri-Met, Police and Fire Departments, Taxi Companies typically do not provide PIP benefits.

2. Can I Get PIP Benefits if I caused a Car Crash? Yes, PIP benefits are "no fault" meaning that they provided to people involved in any vehicle crash regardless of fault.

3. Can I Get PIP Benefits If I was hit by a Car While Riding a Bike? Yes, but the bad driver's PIP benefits are the last insurer to pay. Usually if the injured person has either health insurance, car insurance, or both, those policies will pay first. If there are any amounts still owed to medical providers after those insurers pay then the bad driver's PIP pays. If you don't have health insurance, car insurance, or neither then the bad driver's PIP pays.

4. Can I get PIP if I was a Pedestrian that was hit by a Car? Yes, they are the same benefits you receive as if you were riding a bicycle. (see question 3 above)

5. Can I get PIP benefits if an insured Vehicle never Collided with me or My Vehicle? Maybe, there have been cases litigated over these issues where a person claimed PIP benefits but they were not injured in a typical car crash (i.e. injured in drive by shooting.) These cases are very fact specific and there is not a clear answer. Most likely an insurance company would deny PIP coverage and force the injured person to sue for benefits.

6. What Are the Exact PIP Benefits I am Entitled To? The specific PIP benefits you are entitled to may vary based on the language of your insurance policy. However, Oregon Law provides the minimum requirements for all PIP benefits. The most common minimum requirements are:

   1. $15,000.00 for reasonable and necessary crash related medical treatment incurred up to two years from the date of the car crash;

   2. 70% of Lost Wages, or a maximum of $3,000.00 per month, if you miss 14 or more consecutive days of work due to crash related injuries;

   3. Reasonable and Necessary Funeral expenses, up to $5,00.00 if the expenses are incurred within one year of the crash;

   4. Child Care costs if injured person is hospitalized for more than 24 hours, but the maximum that will be paid is $25.00 per day for a total of $750.00.

7. Does the $15,000.00 in PIP Medical Benefits Pay for Chiropractic Treatment, Physical Therapy, or Acupuncture? Typically yes. As long as the medical treatment is reasonable and necessary and related to the crash, the insurance company should pay up to $15,000.00 for two years of treatment. However, insurance companies will often deny payment for non-traditional treatment such as acupuncture or chiropractic treatment. If that occurs call me at 503.224.1658 to discuss how to get those bills paid by the insurance company.

8. My Insurance Company Sent me a Letter Saying They Won't Pay Anymore Medical Bills, Can they Legally Do That? Maybe, Insurance companies often cut off people's PIP medical benefits. This most often occurs when a car crash causes soft tissue injuries, or whiplash, to a person. The insurance companies usually have a blanket cut of date for 12 to 16 weeks after the crash. Then they send the injured person a letter noting the additional treatment is not necessary or reasonable, so they won't pay anymore. If this occurs call me at 503.224.1658 to discuss your legal options to get those bills paid and continue to treat. Sometimes an attorney can grease the wheels to get the bills paid and allow you to continue to treat.

9. My Insurance Company Wants to Send Me to A Doctor, Can They Do That? These defense medical exams (DME's) are called independent medical exams (IME) by the insurance companies. Most policies and Oregon Law allows the insurance company to send you to a doctor. This may be a good idea in theory, but in my experience Insurance companies use this law to prevent many injured people from receiving the medical care. The way this works is the insurance company will hire a doctor or medical provider with the goal of cutting off your benefits. Many of these Dr.s make tens of thousands of dollars a year examining patients with the sole goal of providing the insurance company a report that justifies the insurance company cutting off your PIP benefits. The insurance companies often use the same doctors, so the Doctors become reliant on the extra income they are making from providing insurance company favorable reports. Therefore, when the doctor receives a request for a DME they know they should write a report favorable to the insurance company to ensure they will get called by the insurance company again. This is the vicious cycle that continues and provides insurance companies the ammunition to terminate your PIP benefits.

10. Why Does the Insurance Company Want to Cut off PIP Medical or Lost Wage Benefits? The short answer is MONEY. You have paid insurance premiums for years and are trying to get the benefits you have paid for. However, the insurance company loses money any time an insurance company pays PIP benefits. The way insurance companies increase their profit margin is they have to limit the amount of benefits they pay out. Insurance companies are businesses and their goal is to make as much money as possible. Your desire to obtain your $15,000.00 in PIP benefits cuts into the insurers bottom line.

11. Does the Insurance Company Send a Check to Me or to My Medical Provider? It depends. Many insurance companies directly bill the medical provider. Some will reimburse you for your expenses. Most medical providers will send the bills directly to the insurance company and the insurance company will pay them directly. If you have already paid then they may send you a check to reimburse you.

12. How Long Will The Insurance Company Pay My Reasonable and Necessary Medical Bills? Up to two years from the date of the incident or until the insurance company claims the bills are no longer reasonable or necessary (see Question 8-10 above). However, the law encourages insurers to pay bills within 6 months of receiving the bills. If the PIP insurer fails to pay reasonable, and necessary bills within the 6 months they are more susceptible to a lawsuit to get the bills paid.

13. I Am Self-Employed, Can I Get Wage Loss? Yes, but the insurance companies usually make it more difficult for you to verify your income. You may need the assistance of a Personal Injury Attorney like myself.

14. Where Can I find the Actual Law Noting What The Minimum Requirements for a PIP Policy Are? Oregon Revised Statute 742.524 (ORS 742.524) is the law that mandates the minimum benefits. You can purchase more than the minimum.

15. What Can I Do If My Insurance Company Won't Provide PIP Benefits? If your insurance company cuts off your PIP Medical Benefits, your PIP Lost Wage Benefits, or other PIP benefits for any reason, you should call a lawyer immediately. Lawyers such as myself are happy to take many of these PIP cases because if we win the insurance company has to pay the cost of the lawsuit and the attorney fee. This allows you to get your PIP benefits with little financial risk to yourself.

If you or someone you know has any questions about PIP call Portland Oregon Personal Injury Attorney Jeremiah Ross at 503.224.1658 for a free personal injury consultation.  

IMPORTANT LEGAL STUFF:  Please remember all situations vary and this blog post is for informational purposes only.  It is based on my opinion, personal experience, and interpretation of the law.  However, the law changes and insurance companies may have a perfectly good lawful reason for cutting off PIP benefits.  That is why it is best to consult with an attorney to determine your rights and obligations.  Also, remember the law is constantly changing so this post may be outdated and based on law that has changed.  Please review the current state of the law. 

Oregon Roads Are Becoming More Deadly-Fatal Crashes Are on the Rise

As a Oregon Personal Injury Lawyer I am constantly speaking with people injured by the negligence of others.  I often find myself in constant awe of the stupid things people do behind the wheel despite knowing the risk involved.  Oregonians are constantly reminded that they shouldn't do stupid things while driving.  For example: Don't Drive Impaired, Don't text and Drive, and Don't exceed the Speed Limit.  There are numerous television ads, radio ads, and billboards all designed to remind driver's to not do stupid things.

Despite the various reminders fatal crashes are rapidly increasing in the United States.  The National Safety Counsel recently released some troubling statistics.   Roughly 19,000 people were killed on U.S. roads from January 2016 to June 2016.  This number is more than 18 percent more than the same six month period two years ago.   A staggering 2.2 million people were seriously injured in car crashes during the first six months of this year.  Oregon had the second highest increase in traffic deaths since late 2014.

It is projected that over 40,000 people will die in car crashes if this continues.  The Counsel claims that the estimated actual costs of the deaths and injuries is roughly $205 billion.  However it is unclear from the article I read how exactly that figure was calculated.  

The Counsel blames complacencyas the root of all of these traffic deaths.  We know certain activities are dangerous, but disregard the risks because we become comfortable with all of the risks we are taking.  Others claim that more people are working and gas is cheaper, so more people are driving.   Whatever the cause of the increase is, it is clear that Oregon drivers must change their driving habits.  We cannot risk injuring or killing people because we knowingly make risky choices behind the wheel.

If you would like to learn more you can visit the recent article on the subject.   If you or someone you know has been injured or killed in a car crash, call Portland Personal Injury Attorney Jeremiah Ross at 503.224.1658.  Ross Law LLC provides FREE personal injury consultations to people injured by others.   We are happy to discuss whether or not you have a legal claim against another, the insurance issues, and the likely outcome of pursuing a claim.  

Oregon Consumers Beware-Flooded Cars from Louisiana May Flood Into Oregon

Louisiana has recently suffered some of the worst flooding in the Nation's history.   At least 60,000 homes have been damaged and it is estimated at least 13 people died as a result of the flooding.  These are staggering numbers, and the destruction is anticipated to take months or years to clean up.  

It is difficult for us in Oregon to imagine how this flood could possibly affect us.  However, car buyer's need to beware because the numerous Louisiana cars that were flooded may be heading to Oregon.  These cars usually suffer from numerous electrical issues, power-train issues, and can often be plagued with mildew problems.  These issues can create a dangerous situation when the vehicle loses power and this can result in the injury or death to the driver and others on the road.

It is unknown how many flooded cars may be entering the markets, but there could be tens of thousands of vehicles flooding into the used car markets. Dealers can buy these cars at a reduced price, clean them up, and sell them to unknowing consumers.  Vehicles without a  "branded title" ( Branded Titles are basically titles that note"water damaged vehicle" or a "Salvaged Title") may be sold to an unknowing customer even though it has been in a flood.  This occurs when the dealer's attempts to conceal any water damage and sell the vehicle without disclosing the fact the vehicle is a flood car.

If the vehicle's title is "branded" or notes the vehicle is a water-damaged vehicle then the dealer may attempt to "wash" the title.  Louisiana Law notes that if a vehicle's electrical system or power train is damaged by flood damage and totaled by an insurance company as a result, then it will receive the "water damaged" brand on the title.  

Title washing can occur when a person purchases a vehicle with a salvaged title or a water-damaged title and registers it in a state that does not recognize that particular "brand" on the title.  The new state then issues a clear title and the vehicle can be sold anywhere in the United States and passed off as a clean title.   Some states make it easy to "wash" a title.  For instance some states will not issue a branded title to a vehicle that is more than 7 years old.  What that means is that a purchaser can buy an 8 year old vehicle with a water-damaged title in Louisiana and then register in the new state an receive an unbranded title.  Once the vehicle has an unbranded title it can be sold anywhere in the US as a "clean title" vehicle.  

Title washing can also take place when a person actually physically alters the title in an effort to conceal the "brand" on the title (think photo-shop or white-out).  This is more difficult to do, but it does occur.   This is big problem if the title is held by the bank, as the bank employee may not scrutinize the title as closely as they should. 

What you Can Do To Try And Ensure You Do Not Purchase a Flood Damaged Car:  It is important for Oregon Consumers to inspect any vehicle they may buy.  That great deal on Craigslist may actually be a terrible deal for a car that is plagued with electrical issues.   Oregonians should inspect the vehicle.  They should examine underneath the vehicle to ensure there are not any mineral deposits, a "silt line," or significant mud.  The headlights may have mud or debris lines inside of them.  The interior and trunk should be inspected for any discoloration that indicates flooding.  If the vehicle smells funny (either of mold or heavy chemicals) that may be an indication of flooding.  The consumer should turn on and off all of the lights and radio, and operate any electrical features (windows, sunroof, rear windshield wiper)to ensure they all function properly.  

The consumer should also pull a title history report from Carfax or AutoCheck to determine: 1) if the vehicle has a branded title, and 2) to determine if the vehicle is from Louisiana.  However, these reports are not always accurate so they shouldn't solely be relied upon.   If the vehicle was bought or sold at a "Copart" auction yard that is a big red flag that the vehicle had a salvaged title. These tips may assist consumer's in protecting themselves from buying a flood car, but it may not completely protect you.

If you or someone you know unknowingly purchased a "flood car" or a car with a branded title in Oregon then please call Ross Law LLC at 503.224.1658.  Jeremiah Ross may be able to assist you with your consumer case in Oregon. 

Buy Here Pay Here-Questionable Auto Loans

As an Oregon Consumer Lawyer I regularly represent Oregonians who are ripped off by car dealers.  I regularly receive calls from consumers who has issues with Auto lenders.  These issues can relate to the interest rate being charged, yo-yo scams, issues with the financing disclosures, or dealers trying to make consumers provide false information in order to obtain financing.  Sometimes, in their effort to get the car off of the lot, dealers will flagrantly violate the various laws that apply to them.  Other times, the dealer's conduct is legal, but morally questionable.

I have seen this as a growing issue in Oregon.  I am not alone with my concerns.  It appears there is a national trend in providing questionable auto-loans to consumers.  These questionable loans are sometimes written with very high interest rates (29% APR) and for extremely long terms (7 years).  What this means is consumers buying an $8,000.00 car may end up paying almost $15,000.00 for the car after the interest is added into the price of the cars.

The dealer's justify the high interest and lengthy terms of the loan by asserting that the consumer is a huge credit risk.  Most of the consumers that obtain these loans have horrible credit and are likely to default on the loan.  I have litigated cases where the dealers have stated that my client's credit was terrible and that my clients were fortunate enough to have someone like the dealer take the chance to finance the vehicle. 

From the consumer's perspective, these loans set them up for failure.   The high interest rate for lengthy terms sets the consumer up for failure.  The dealer knows that most people need a car for transportation.  Vehicles are almost necessities in many cities.  Additionally, the dealer already knows the consumer has issues with paying creditors, because the consumer has terrible credit.  Despite that, the dealer piles on more debt in an effort to get the car off of the lot.  Then when the foreseeable missed payment happens then the dealer repossesses the car and can re-sell it to another customer.   

 The dealer makes money on the transaction by: 1) getting to keep the trade-in or down payment the consumer made on the car and, 2) keeping the interest on the loan from payments already made on the loan before missing a payment, 3) sometimes dealers will attempt to re-finance the purchased vehicle or agree to take the vehicle back if the consumer purchases another vehicle from the lot (this usually re-starts the cycle), 4) the dealer gets to re-sell the purchased vehicle to another consumer and make money on that transaction. 

Additionally, the dealer's risk is much more manageable than the dealer leads people to believe. Dealer's can place devices in the vehicles that allows the dealer to track the vehicle.  If a consumer misses a payment then the device can shut the vehicle down until a payment is made.  If the consumer fails to make a payment the dealer uses the device to locate the vehicle and repossess it.   I believe these devices are one thing that is allowing these bad loans to become more prevalent. 

The Comedian Jon Oliver recently did a great piece on Auto Lending and how these sub-prime loans are affecting consumers.  The piece has some shocking statistics and stories of people being ripped off by Auto Lenders.  

If you or someone you know has been ripped off or scammed by an Auto Dealer, please call Jeremiah Ross.  Please call Ross Law LLC at 503.224.1658 .   Please remember there are some reputable and honest car dealers, and just because you have a questionable loan that does not mean the dealer broke any laws or you have a case against them.   

NO DRIVER, NO PROBLEM- UBER'S DRIVER-LESS CARS ROLL OUT IN PITTSBURGH

I have previously posted on the advent of driver-less cars and the various legal issues that arise from these driver-less cars.  In theory, driver-less cars are a great idea.  However, in practice you have to question whether or not they are a safer alternative to a human brain.  Software glitches, hardware malfunctions, and unforeseen circumstances can all have deadly consequences.  

I have also written on the various safety issues that ride share programs such as UBER pose.  Drivers assaulting passengers, drivers driving recklessly, and insurance issues that arise with ride share programs are all significant issues that have arisen since these companies began transporting people in Portland, Oregon.

It appears UBER is now attempting to mitigate the risk posed by driver's assaulting passengers, driving recklessly, and even the insurance issues.  UBER is now testing driver-less cars in Pittsburgh, PA.   The idea is that if you don't have to pay anyone to drive the vehicle then transportation becomes extraordinarily cheap.   

UBER has a driver-less car test-lab in Pittsburgh and is using the citizens of Pittsburgh as its test subject for this experiment.   The cars will be on the open road putting members of the public at risk.  Engineers assert these cars are specially designed to drive without a driver.  However these cars will have a "back-up" driver.   You have to wonder why is a back-up  driver necessary if the technology is safe.   

There are not any current plans to bring UBER's driver-less cars to Portland, Oregon.   However, should that occur we need to be ready to address the various safety issues that arise from driver-less cars.  I have concerns regarding the efficacy of the software and hardware.  I also have concerns over the proper maintenance of the vehicles and computer systems.  Lastly, I have concerns over the software not being able to account for the numerous tasks that a driver's brain performs.    We will see what happens....

If you or someone you know has been injured, assaulted, or killed by UBER, LYFT, or another rideshare program, please call Personal Injury Attorney Jeremiah Ross.  Ross Law offers free personal injury consultations.   Please call Ross Law at 503.224.1658.  Please refer to the article at this link  for information regarding UBER's driver less program.  

Hit by a DUII Driver? How Much is your case worth?

As a personal injury attorney that also represents crime victims I am called upon to represent people that were in a car crash with a drunk driver (DUI Driver).   The crashes and injuries vary.  Some people are in minor fender benders.  These fender benders often injure people and can cause soft tissue (whiplash) injures.  More significant crashes can result in broken legs, broken arms, and even death.  Often people want to know how much their injury is worth.  In other words, how much compensation should the injured person receive for the hell the drunk driver put them through?   That is not an easy question to answer because each case is different. 

For example I represented a young woman who was stopped at a stop sign.  All of the sudden a driver crashed into the back of her car.   The vehicles suffered some minor damage.  The bad-driver approached my client.  My client immediately smelled the odor of an alcoholic beverage on the bad driver.  The bad driver asked if my client was OK.  She replied she was.  The bad driver then gave her a high five, sprinted back to his vehicle and drove off.  He did not exchange insurance information or wait for law enforcement to arrive.  My client called the police and they later found the bad driver at a local bar.  My client had soft tissue injures to her neck and lower back that lasted a few weeks.  She did not seek medical treatment.  Almost two years later she came to my office.  We ended up resolving the case for over $20,000.00, exclusive of PIP benefits.  Most cases with those types of injuries will resolve for well under $10,000.00.

I also represented a woman that was a passenger in a vehicle that engaged in a high-speed police chase.  In that case the driver was also drunk.  The driver hit another vehicle head on and caused a significant crash.  My client went to the Emergency Room for treatment the next day and was diagnosed with soft-tissue injuries.   She had minimal treatment with a chiropractor.  She received almost $20,000.00 in addition to PIP benefits.  

I have also received policy limits of $100,000.00 for a cyclist that was hit by a suspected drunk driver.  Law enforcement did not arrest the bad driver after giving him field sobriety tests, but we had witness testimony to support our claim he was intoxicated and disposed of a liquor container at the scene.  In that case the insurance company was faced with the prospect of trying to defend a driver that had hid evidence from law enforcement and injured a cyclist so they tendered policy limits. 

The short answer to the question "How much is my case worth if a DUII driver hit me?" is, It depends.  There are too many variables to give an accurate case valuation without determining the extent of your injuries, the treatment sought, the bad-driver's conduct, the bad driver's driving record, the investigation, and other issues.  

The equation becomes more complex when you consider the types of damages available.  In addition to receiving compensation for your injuries, you may also be entitled to punitive damages from the DUI driver.  These punitive damages are designed to punish the DUII driver for their reckless and outrageous conduct.  These damages add value to the case, but are affected by various variables.   

These types of cases also open up additional sources of compensation.  This issue arises when there is not enough insurance to compensate you for your injury, or a bar or social host clearly violated the law.  In that case you may have a "dram shop" claim.  This allows you to attempt to hold the person that over-served alcohol to the DUII driver accountable for causing your injuries.  Dram shop cases are very nuanced and have notice requirements, so you should call a lawyer immediately if you wish to pursue a case against a driver or social host.

If you, or someone you know, were hit by a DUII driver then you should call Portland Oregon Personal Injury Attorney Jeremiah Ross.   Ross Law LLC provides free personal injury consultations for people hit by drunk drivers.  Don't settle with the insurance company for pennies on the dollar.  Know your rights and get the compensation you are entitled to.  Please remember each case is different, your case may be worth more or less than the cases noted above.    At the end of the day only a Jury knows the true value of your case.  Jeremiah Ross is happy to take your case to trial if necessary to ensure we do our best to get you the compensation that you desire.