What should I do if I’m in an accident?
Who will pay my medical bills?
Who will fix my vehicle?
Will someone pay for a rental car while my vehicle is being repaired?
What if the accident was caused by my own mistake?
What if the accident was someone else’s fault?
What is PIP?
What if I was injured while on the job?
What if I miss time from work due to an auto accident?
What if the other car has no insurance?
What if the accident involved a hit and run? (also see above)
What if I was in an accident and don’t have auto insurance?
What are my rights as a pedestrian?
What are my rights as a bicyclist?
What should I do if I was bitten by a dog or animal?
Can I receive compensation for injuries from a dog or animal bite?
What should I do if I was injured at a house or private home?
Do I have to pay attorney fees up front?
How long does the process take?
What is the likelihood that my case will settle before court?
How much is my case worth?
Do you provide referrals?
What should I do if I’m in an accident?
- If anyone is injured, call 911 and seek immediate medical care
- Write down the details of the accident or injury. Because memory fades, a written record will remind you of the details and the order of events.
- Collect contact and insurance information for all individuals involved
- Get names and contact information for any witnesses
- Take photos of scene and damage including injuries (cell images are fine)
- Visit a doctor if you have been injured and report all injuries, even minor injuries
- Follow the doctor’s advice and treatment recommendations
- File a DMV accident report within 72 hours if any of the following occurred:
- Damage to any vehicle or person’s property exceeds $1500
- Injury (no matter how minor)
- A vehicle is towed from the scene as a result of damages
- Death
- Report the accident to your insurance company
- Do not sign any documents presented to you without first consulting an attorney
Who will pay my medical bills?
Your Oregon auto insurance policy includes personal injury protection (PIP) coverage to pay medical bills regardless of who was at fault in an accident. However, there are limitations to your PIP coverage, such as time and expense caps.
Who will fix my vehicle?
If you have comprehensive and/or collision coverage on your vehicle, your insurance company will fix your vehicle, no matter who caused the accident. If your insurance company repairs your vehicle, you will be responsible for paying the deductible. However, if the accident was not your fault, the other insurance company should reimburse your deductible. If the accident was not your fault, you can have the other driver’s insurance company pay to repair your vehicle.
Will someone pay for a rental car while my vehicle is being repaired?
Even if you have “full coverage,” your insurance company may not cover rental car charges. Check with your insurance company before you rent a car. If the accident was not your fault, the other driver’s insurance company should pay for the rental car directly to the rental agency. In general, be careful when renting a vehicle because insurance will only pay for the cost of the rental with no additional charges. If you sign up for additional insurance or personal coverage, this is not usually covered.
What if the accident was caused by my own mistake?
Oregon auto insurance policy includes personal injury protection (PIP) to cover medical expenses and missed time from work. However, PIP coverage is subject to limitations that we can explain in detail. If the accident was caused by your mistake and your vehicle needs repair, your insurance will only help if you have comprehensive or collision coverage. If you only have liability coverage, and the accident was due to your mistake, your vehicle will likely not be repaired.
What if the accident was someone else’s fault?
Oregon auto insurance policy includes personal injury protection (PIP) to cover your medical expenses and time lost from work. If the accident was not your fault, your insurance company will seek reimbursement from the other driver’s insurance company.
What is PIP?
Personal injury protection (PIP) provides automatic medical and wage loss coverage for Oregon insurance policyholders. Even if you only have liability coverage, your insurance policy will cover “reasonable and necessary” medical expenses and a percentage of lost wages. PIP coverage is subject to certain time and dollar limitations.
What if I was injured while on the job?
If you were injured on the job, notify your employer. A workers’ compensation insurance company may become involved. If you were injured in an auto accident while on the job, you may have a claim for compensation separate from your workers’ compensation benefits.
What if I miss time from work due to an auto accident?
Your Oregon auto insurance policy will partially reimburse missed work through personal injury protection coverage (PIP). This coverage is subject to certain limitations that we can explain in detail.
What if the other car has no insurance?
Your Oregon auto insurance policy includes “uninsured motorist’s coverage” so that you can still seek compensation if the accident was not your fault. Also, your Oregon personal injury protection coverage (PIP) will pay your medical expenses and reimburse some lost wages.
What if the accident involved a hit and run? (also see above)
Your Oregon auto insurance policy includes “uninsured motorist’s coverage,” which can be applied to a hit and run accident.
What if I was in an accident and don’t have auto insurance?
Oregon law does allow the recovery of some damages if the accident was not your fault and you do not have insurance. However, the kinds of losses you can recover depend on your particular case. We can explain this in detail.
What are my rights as a pedestrian?
Oregon law regarding the rights of pedestrians in traffic situations is complex. You should consult an attorney regarding your particular case. If you are injured as a pedestrian, you always have the right to personal injury protection coverage (PIP) regardless of fault. If you have an Oregon auto insurance policy and you are a pedestrian injured in an accident, your policy will cover your medical bills and lost income subject to various limitations. If you don’t have auto insurance, the insurance for the vehicle that injured you will provide PIP coverage for medical bills and lost income, subject to limitations.
The Willamette Pedestrian Alliance provides a guide to pedestrian rights: Oregon Pedestrian Rights: A Legal Guide to Persons on Foot.
The Oregon Department of Transportation provides a guide to specific Oregon bicycle and pedestrian statutes. Download it here.
What are my rights as a bicyclist?
In 2007, the Oregon Legislature passed House Bill 3314 which establishes penalties for careless driving if it contributes to serious physical injury or death to a “vulnerable user of a public way.”
The Bicycle Transportation Alliance provides a comprehensive guide to bicyclist rights: Pedal Power: A Legal Guide for Oregon Bicyclists.
The Oregon Department of Transportation provides a guide to specific Oregon bicycle and pedestrian statutes: Download it here.
What should I do if I was bitten by a dog or animal?
- Get the names and contact information of the animal’s owner and any witnesses
- Receive medical attention for any injuries
- Keep record of any bills paid and treatment received
- Report the incident to animal control authorities. The animal may be quarantined for 7-20 days to make sure it is not rabid.
Can I receive compensation for injuries from a dog or animal bite?
We are often able to recover losses from the animal owner’s homeowners insurance policy, renters insurance policy, or if appropriate, from the owner directly. In some circumstances, there may be legal grounds to recover losses from a landlord who failed to rid his property of a known dangerous animal after receiving prior notice of the danger.
What should I do if I was injured at a house or private home?
- Get the names and contact information of the property owner and any witnesses
- Write down the circumstances that led to the accident
- Take photos of the site and collect documentation
- Receive medical attention for any injuries, even minor injuries
- Keep record of any bills paid and treatment received
Do I have to pay attorney fees up front?
- In personal injury and accident cases, Milla & Associates only collects payment for legal services if and/or when you receive compensation. All of our fees are contingent upon winning your case.
- In criminal cases, we do charge legal fees that we explain upfront.
How long does the process take?
During your recovery, we manage the process of submitting claims and insurance paperwork to ensure your medical care is properly covered. Once you have completed medical treatment, we pursue compensation if and when it is appropriate to do so. If we can recover compensation for you without going to court, the process typically takes two to three months from the time you are medically stationary or recovered. However, extensive cases with significant injuries can take months on up to a couple years. After our initial consultation, we provide you with a realistic estimate of how long your case will typically take.
What is the likelihood that my case will settle before court?
We resolve the majority of our cases before trial through skilled negotiation. Attorney Steve Milla ensures our clients thoroughly understand their settlement arrangements and options. If our clients do not approve of an insurance company’s offer, we file a lawsuit and head to trial. Very few cases proceed to trial. However, if a trial is necessary because an insurance company refuses a reasonable settlement, we educate and prepare our clients about the entire trial process before moving forward.
How much is my case worth?
The value of each case depends on the circumstances surrounding the accident or injury. Your claim will depend on the level and extent of injuries, medical treatment received, the amount of lost wages or lost earning potential, and the amount of pain and suffering involved. Once we learn the particulars of your case, and review your medical and employment records, we provide clients with a realistic estimate of what we think your case is worth.
Do you provide referrals?
If we cannot help you with your case, we can refer you to a skilled attorney at no charge. We provide referrals in the legal areas of workers’ compensation and work-place injuries; social security claims; family law; employment matters such as wrongful discharge and/or discrimination; and serious criminal cases. Call or email us for a referral.