To sign up for our daily email newsletter, CLICK HERE
Motorcycle accidents often result in significant damage, not just to the bike itself but to the person riding it as well. Suddenly, you’re now stuck dealing with piling medical bills along with potential property damage costs.
You’re trying to figure out how you’re going to pay the mounting expenses, and this is when recovering compensation can become a priority. However, recovering compensation in an Oregon motorcycle accident can be complicated.
You may run into questions about liability. Even calculating your damages can be a confusing process. To help ensure you can successfully navigate a motorcycle accident claim in Oregon, here’s what every rider should know about the legal process.
Oregon is an At-Fault Insurance State
States can either follow at-fault or no-fault insurance laws. Oregon is an at-fault insurance state. This means everyone involved in the accident files a claim with the at-fault party’s insurance provider.
In other words, you can usually leave your auto insurance provider out of the claim process. You typically only file a claim with your insurance provider if you’re the liable party. You may also want to consider filing a claim with your insurance company if the other driver is either under or uninsured. However, the type of policy you’re carrying can impact your ability to file a claim.
For example, if you’re only carrying the state’s minimum liability insurance requirements, you probably can’t file an accident claim with your provider. If you have full coverage you may be eligible for compensation but it depends on the specifics of your policy.
Some insurance carriers won’t pay accident claims if the other driver is at fault. You may need to carry uninsured and underinsured coverage to file a claim with your provider when the accident isn’t your fault.
Understanding Comparative Negligence
Before you can start the accident claim process, you may need to address comparative negligence. The Beaver State follows comparative negligence guidelines and it can affect your ability to file a claim. Comparative negligence can also impact compensation amounts.
The insurance rule allows for more than one party to be liable in a vehicle accident. For example, you’re lane-splitting and another motorist merges in front of you without signaling.
Since both of you are guilty of violating Oregon traffic laws, comparative negligence probably applies. The accident probably wouldn’t have occurred if you weren’t riding between the lanes and if the other driver had used their turn signal.
You can still file a personal injury claim if you’re assessed some of the blame, as long as it’s not more than 50%. Your compensation amount will be reduced by your percentage of fault.
Key Steps for Filing a Motorcycle Accident Claim
You’ve addressed comparative negligence and your percentage, if any, of fault isn’t high enough to prevent you from recovering compensation. So, how do you start the claim process?
Report the Accident
According to Oregon law, all vehicle accidents including ones involving motorcycles must be immediately reported if the incident meets the following criteria:
- Injuries and/or fatalities are present
- Property damage exceeds $2,500
If your motorcycle accident doesn’t meet the above-listed criteria, you can wait up to ten days before filing a report with the Department of Motor Vehicles (DMV). While not waiting around for the authorities to arrive can seem like a good idea, it rarely is.
Remember, Oregon is a comparative negligence state. Waiting to report an accident can make it harder for authorities to correctly assess fault. You may end up being assigned more blame than you deserve. Without supporting evidence, you may not be able to appeal the authorities or insurance investigator’s findings.
Assess Your Injuries
Even if your motorcycle is the only vehicle involved in the accident, you can still suffer serious injuries. Take a few minutes after the accident to assess your injuries. If you sustain serious injuries, seek immediate medical attention. Your health should always be a priority.
If you’re able and other vehicles are involved, try to see if anyone else is injured. This way you’re better prepared to let the emergency operator know what types of services are required. For example, do you only need the police for the accident report or an ambulance to whisk injured parties to the hospital?
Gather Evidence
Okay, don’t get too excited. You’re not turning into an amateur detective. You also don’t want to get in the way of the responding authorities. They have a job to do. The authorities are responsible for creating your accident report and establishing liability.
However, you can still gather some evidence without annoying the authorities. Grab your smartphone and use the camera feature to take pictures of the accident scene. Focus on the damage to your motorcycle and the position the bike ends up. Sometimes, the position of your motorcycle after the accident can help prove liability. If you have any non-serious, visible injuries, go ahead and take a few pictures.
Gathering evidence often includes looking around for any security cameras. Most homes and businesses have security systems, even if it’s only a doorbell camera. Don’t forget to look for any signs indicating the presence of traffic cameras. The footage can help support your accident claim. If you’re considering trying to get the footage immediately after the accident, wait until you contact a personal injury attorney.
Your attorney can request a subpoena for the footage to help ensure the evidence is permitted if your claim turns into a personal injury lawsuit.
Calculate Your Damages
Most motorcycle accident claims include economic and non-economic damages. Figuring out the value of your economic damages is usually pretty easy. These are tangible things like your medical expenses and property repair/replacement costs. You can refer to bills, receipts, and estimates to determine their value.
Non-economic damages are a little more intangible and are things like your pain, suffering, and mental anguish. Since these things don’t have a tangible and easily calculatable value, your attorney can use either the multiplier or per diem method to calculate your non-economic damages.
Discuss Your Claim with an Attorney
Once you know the actual value of your motorcycle accident claim, it’s time for you to take the time to contact the insurance company.
However, before doing so, it’s usually a good idea for you to talk to an experienced motorcycle accident attorney. Your attorney is your partner, here to help you understand and navigate every step of the legal process so that you receive the fair compensation that you deserve.
