Uninsured and Underinsured Drivers

HIT AND RUN, PHANTOM VEHICLES, OREGON UM CLAIMS

Under ORS 742.502, every motor vehicle liability insurance policy issued in Oregon must contain certain provisions. All policies must contain uninsured and underinsured motorist (UM) coverage for bodily injury or death. The goal of the Oregon legislature in requiring insurance coverage is to provide as much insurance coverage for users of Oregon highways as possible, and to soften the economic impact of uninsured, underinsured and hit and run freeway accidents.

UM polices pay what liability polices pay — medical bills, wage loss, and pain and suffering. All Oregon polices provide a minimum of $25,000 in UM coverage. Increasing your UM limits is relatively cheap, and the protection you get so much greater if you are ever involved in a collision with an underinsured or uninsured motorist, or a driver who flees the scene.

In all cases with uninsured drivers there is a twist. You pay a premium every month to your insurance company and may expect your insurance company to treat you, their valued customer, differently. You expect that when you pursue your lawful entitlement to money under your UM policy, your insurance company will be on your side.

It doesn’t work like that.

When your insurance company receives notice you were injured in a collision with an uninsured motorist, an underinsured motorist, run off the road by a phantom vehicle, or the victim of a hit and run, your own insurance company turns against you. It’s nothing personal. They do it in every case.

The insurance company, whether it be State Farm, Allstate, or Farmers, is profit driven. The insurance companies employ, train and keep adjusters who boost the company’s bottom line. Asking the adjuster’s advice on your UM claim is like asking the fox for advice on how to set up the chicken coop. They are glad to help, but really — are they thinking of your best interest?

The Oregon legislature still needs to change some Oregon UM laws if it really wants to increase insurance benefits for users of Oregon’s highways. UM policies in Oregon, unlike Washington, don’t stack. That means, if you pay for a $100,000 policy and other driver only has coverage of $25,000, you are only entitled to $75,000 in UM coverage, not the $100,000 you paid for. The way it is now, the insurance company collects the full premium, but doesn’t have to pay out the full benefit.

Steve Smucker is an experienced personal injury lawyer who handles UM cases for clients. He offers free consultations about underinsured, uninsured, phantom vehicle, and hit and run accidents cases. He is an experienced arbitrator and trial attorney in UM insurance claims.

To summarize, if you are in an accident and the other driver is at fault and does not have insurance, or flees the scene, or runs you off the road without stopping, you may have a UM claim against your own insurance carrier for medical bills, past and future, wage loss, past and future, permanent disfigurement, impaired earning capacity, emotional distress, pain and suffering, and loss of enjoyment of life — all economic and non-economic damages. Your own insurance carrier will turn against you so it doesn’t have to pay. Fighting back with an experienced personal injury lawyer on your side is best.

Be informed. Know your rights. Consult experienced personal injury lawyer, Steve Smucker, for representation in UM claims involving uninsured motorists, phantom vehicles, or hit and run accidents. Call Steve at 503-224-5077 for a free consultation. Time sensitive notice requirements may be involved in UM claims