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Welcome to the Auto Accident Information Page:

Please use this page to get answers to your questions about auto accident cases. ://bda127.org

Let me know if I can answer any additional questions for you. I will look forward to hearing from you either by email, telephone, or letter.

Richard Noble

AUTO ACCIDENT CASES

1. Do I have to file a report with the Department of Motor Vehicles (DMV)?
   The Department of Motor Vehicles requires that an accident report be filed within 72 hours when there is more than $1000 in property damage or an injury, which is the result of a motor vehicle accident on the roads of Oregon. (ORS 811.720). Keep a copy of the accident report to provide to your attorney.

2. Who pays my medical bills and my wage loss?
   If you have auto insurance and you are in an auto accident, your insurance will pay your medical bills and a portion of your wage loss even if you are at fault in the accident. The Personal Injury Protection (PIP) coverage of your own auto insurance pays for your medical bills and wage loss for one year from the date of the accident. The amount it pays depends on the dollar amounts of coverage you pay for under your policy. Notify your insurance company of the accident, and promptly fill out the forms and the medical release and return them to your company. If you don't fill out the forms your bills don't get paid.
    Your PIP coverage only pays a portion of your wage loss. When we settle up with the defendant's auto insurance company we can collect the rest.
    You may find that your own insurance company will start to hassle you and not pay some of your bills. It may also send you a letter telling you that you must be examined by one of their doctors in what they like to call and independent medical examination (IME) before they will continue to pay any more of your medical bills. If that happens I can help you fight your own company. It is interesting that people often contact me when they get fed up with their own insurance company.
    Your health insurer is a backup insurer. It will pay your medical bills after you have run out of PIP coverage.

3. When I settle up with the other driver's company, do I have to pay back my auto insurance company and my health care insurance company?
Yes. Most policies require that if you collect from the other driver's policy that you have to pay back your own auto and health carriers. It sounds strange because most people feel that they paid their premiums and shouldn't have to pay back, but that is the law.

4. Who pays for the damage to my car?
If you have collision coverage on your auto insurance will pay for your damage to extent of your coverage regardless of who is at fault in the accident.
If you do not have collision coverage, you will have to collect for damage to your car from the other driver's policy. To do this the other driver must be the driver who is at fault or at least 51% at fault for the accident. Don't expect to get your collision case settled right away. Often the other driver's insurance company will string you out until they settle your claim for injuries to your body (personal injuries).

5. How much is my case worth?
That is hard to say at the outset. It all depends on how badly you are hurt, whether you get better, how old you are at the time of the accident, how much damage was done to your car, how clear it is that the other driver is completely at fault.

6. How long will it take before I get paid for my damages?
Your case can't be settled until we know that you are what is called "medically stationary". That means that you have either recovered, or that you are still hurt and enough time has passed so that it is clear that you have a permanent injury.

7. What can you do for me?
I can help you maximize your recovery. I have been dealing with the insurance companies for many years. They seem to be getting harder and harder to deal with. Insurance companies take advantage of people who don't have lawyers representing them.
The other benefit to you is that you can turn over all the hassle to me and you won't have to waste your time on hold waiting for the adjuster to get back to you. You have enough to do just coping with your doctor visits and getting your car fixed.

8. How much does it cost in attorney's fees for you to represent me?
I take these cases on a 1/3 contingent fee. That means that you don't pay any attorney's fees unless I recover money for you. You pay the costs for getting the medical records, the police reports, and what the doctors charge me to talk with them on the telephone, in office conferences, or when they write reports, or testify at trial. Here is how it works: I will ask you to put up about $100 to cover initial costs. If I need more money I will let you know. When we settle the case you will get the money you have paid for costs back off the top of the settlement. For example, let's assume that your case is settled for $6,300 and you have put up $300 in costs. First, you get your $300 back, and then the remaining $6,000 is split one-third to me ($2,000) and two-thirds to you ($4,000). If you select me as your lawyer we will enter into a written fee agreement which sets this all out in writing.

9. What determines whether the other driver is at fault.?
The Rules of the Road are set out in the Oregon Revised Statutes which follow. I can help you analyze the facts of your case to see if the other driver is at fault.

ORS 811.350. Dangerous left turn; penalty.

(1) A person commits the offense of making a dangerous left turn if the person:

(a) Is operating a vehicle;

(b) Intends to turn the vehicle to the left within an intersection or into an alley, private road, driveway or place from a highway; and

(c) Does not yield the right of way to a vehicle approaching from the opposite direction that is within the intersection or so close as to constitute an immediate hazard.

(2) The offense described in this section, dangerous left turn, is a Class B traffic infraction.

ORS 811.100. Violation of basic speed rule; penalty.

(1) A person commits the offense of violating the basic speed rule if the person drives a vehicle upon a highway at a speed greater than is reasonable and prudent, having due regard to all of the following:

(a) The traffic.

(b) The surface and width of the highway.

(c) The hazard at intersections.

(d) Weather.

(e) Visibility.

(f) Any other conditions then existing.

(2) The following apply to the offense described in this section:

(a) The offense is as applicable on an alley as on any other highway.

(b) Speeds that are prima facie evidence of violation of this section are established by > ORS 811.105.

(c) This section and > ORS 811.105 establish limitation on speeds that are in addition to maximum speeds established and subject to penalty as described in the following:

(A) A federal maximum speed limit under > ORS 811.110.

(B) Maximum speeds for motor trucks and passenger transport vehicles under > ORS 811.115.

(C) Maximum speeds on ocean shores under > ORS 811.120.

(D) A maximum speed limit for rural interstate highways under > ORS 811.112.

(E) A maximum speed limit in an urban area under > ORS 811.123.

(3) The offense described in this section, violating the basic speed rule, is a Class B traffic infraction.

ORS 813.010. Driving under the influence of intoxicants; penalty.

(1) A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person:

(a) Has .08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under > ORS 813.100, > 813.140 or > 813.150;

(b) Is under the influence of intoxicating liquor or a controlled substance; or (c) Is under the influence of intoxicating liquor and a controlled substance.

(2) A person may not be convicted of driving under the influence of intoxicants on the basis of being under the influence of a controlled substance unless the fact that the person was under the influence of a controlled substance is pleaded in the accusatory instrument and is either proved at trial or is admitted by the person through a guilty plea.

(3) A person convicted of the offense described in this section is subject to > ORS 813.020 in addition to this section.

(4) The offense described in this section, driving while under the influence of intoxicants, is a Class A misdemeanor and is applicable upon any premises open to the public.

ORS 811.275. Failure to yield right of way at uncontrolled intersection; penalty.

(1) A person commits the offense of failure to yield the right of way at an uncontrolled intersection if the person is operating a motor vehicle that is approaching an uncontrolled highway intersection and the person does not look out for and give right of way to any driver on the right simultaneously approaching a given point, regardless of which driver first reaches and enters the intersection.

(2) This section is subject to the described provisions of the following sections:

(a) The provisions of > ORS 811.260, relating to stop signs and yield signs.

(b) The provisions of > ORS 811.285, relating to the requirements to yield the right of way upon entering a freeway or other arterial highway.

(3) A person entering an intersection at an unlawful speed shall forfeit any right of way the person would otherwise have under subsection (1) of this section.

(4) The offense described in this section, failure to yield right of way at an uncontrolled intersection, is a Class B traffic infraction.

ORS 811.280. Failure of driver entering roadway to yield right of way; penalty.

(1) A person commits the offense of failure of a driver entering a roadway to yield the right of way if the person:

(a) Is operating a vehicle that is about to enter or cross a roadway from any private road, driveway, alley or place other than another roadway; and

(b) Does not yield the right of way to any vehicle approaching on the roadway to be entered or crossed so closely as to constitute an immediate hazard.

(2) This section does not apply where the movement of traffic is otherwise directed by a traffic control device or a driver of a funeral escort vehicle.

(3) The offense described in this section, failure of driver entering roadway to yield right of way, is a Class B traffic infraction.

ORS 811.415. Unsafe passing on right; penalty.

(1) A person commits the offense of unsafe passing on the right if the person:

(a) Drives a vehicle to overtake and pass upon the right of another vehicle at any time not permitted under this section.

(b) Drives a vehicle to overtake and pass upon the right of another vehicle at any time by driving off the paved portion of the highway.

(2) For purposes of this section, a person may drive a vehicle to overtake and pass upon the right of another vehicle under any of the following circumstances:

(a) Overtaking and passing upon the right is permitted if:

(A) The overtaken vehicle is making or the driver has signaled an intention to make a left turn;

(B) The paved portion of the highway is of sufficient width to allow two or more lanes of vehicles to proceed lawfully in the same direction as the overtaking vehicle; and

(C) The roadway ahead of the overtaking vehicle is unobstructed for a sufficient distance to permit passage by the overtaking vehicle to be made in safety.

(b) Overtaking and passing upon the right is permitted if the overtaken vehicle is proceeding along a roadway in the left lane of two or more clearly marked lanes allocated exclusively to vehicular traffic moving in the same direction as the overtaking driver.

(3) The offense described in this section, unsafe passing on the right, is a Class B traffic infraction.

ORS 811.410. Unsafe passing on left; penalty.

(1) A person commits the offense of unsafe passing on the left if the person violates any of the following requirements concerning the overtaking and passing of vehicles:

(a) The driver of a vehicle that is overtaking any other vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(b) Except when overtaking and passing on the right is permitted under > ORS 811.415, the driver of an overtaken vehicle shall give way to the right in favor of an overtaking vehicle and shall not increase the speed of the overtaken vehicle until completely passed by the overtaking vehicle.

(c) The driver of a vehicle shall not drive to the left side of the center of the roadway in overtaking and passing a vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the operation of a vehicle approaching from the opposite direction or a vehicle overtaken.

(d) An overtaking vehicle shall return to an authorized lane of traffic as soon as practicable.

(2) This section does not authorize driving on the left side of the center of the road when prohibited under the following:

(a) Limitations on driving on the left of the center of a roadway under > ORS 811.305.

(b) Passing in a no passing zone under > ORS 811.420.

(c) > ORS 811.295, > 811.300 and > 811.310 to > 811.325 that require driving on the right.

(3) The offense described in this section, unsafe passing on the left, is a Class B traffic infraction.

ORS 811.490. Improper opening or leaving open of vehicle door; penalty.

(1) A person commits the offense of improper opening or leaving open a vehicle door if the person does any of the following:

(a) Opens any door of a vehicle unless and until it is reasonably safe to do so and it can be done without interference with the movement of traffic, or with pedestrians and bicycles on sidewalks or shoulders.

ORS 811.050. Failure to yield to rider on bicycle lane.

(1) A person commits the offense of failure of a motor vehicle operator to yield to a rider on a bicycle lane if the person is operating a motor vehicle and the person does not yield the right of way to a person operating a bicycle, moped or motorized wheelchair upon a bicycle lane.

(2) This section does not require persons operating mopeds to yield the right of way to bicycles if the mopeds are operated on bicycle lanes in the manner permitted under > ORS 811.440.

(3) The offense described in this section, failure of a motor vehicle operator to yield to a rider on a bicycle lane, is a Class B traffic infraction.

ORS 811.485. Following too closely; penalty.

(1) A person commits the offense of following too closely if the person does any of the following:

(a) Drives a vehicle so as to follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon, and condition of, the highway.

(b) Drives a truck, commercial bus or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district or upon a freeway within the corporate limits of a city and follows another truck, commercial bus or motor vehicle drawing another vehicle without, when conditions permit, leaving sufficient space so that an overtaking vehicle may enter and occupy the space without danger. This paragraph does not prevent a truck, commercial bus or motor vehicle drawing another vehicle from overtaking and passing a vehicle or combination of vehicles.

(c) Drives a vehicle when traveling upon a roadway outside of a business or residence district or upon a freeway within the corporate limits of a city in a caravan or motorcade whether or not towing another vehicle without operating the vehicle so as to leave sufficient space between vehicles to enable a vehicle to enter and occupy the space without danger.

(2) This section does not apply in the case of a funeral procession. Except for the funeral lead vehicle, vehicles participating in a funeral procession shall follow the preceding vehicle as closely as is reasonable and safe.

(3) The offense described in this section, following too closely, is a Class B traffic infraction.

Law Offices of C. Richard Noble, PC

C. Richard Noble
2875 Marylhurst Dr.
West Linn, OR 97068
Phone: (503) 635-6235
Fax: (503) 635-6668

Richard Noble