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In Oregon, the statute of limitations for filing a lawsuit on personal injury claims like motor vehicle accidents or dog bites is two years from the accident date. ORS 12.110(1). That means you have two years from the date you are injured to file a lawsuit against the responsible party for compensation.
LPT: if you get into a car accident, do not speak with the other driver's insurance agent. And do not allow them to record the call. You are not required to do so and they are only looking for you to say something that helps them deny you compensation?. Let your insurance company handle mediation.
You should NOT, however, give a statement of any kind to the other driver's insurance carrier before consulting with an experienced attorney who can advise you of your rights and protect you from insurance company tactics designed to minimize your compensation payout.
The insurance representative does not need to know every little detail of your life after the accident. Don't discuss information about your family, your job, past accidents, past injuries, and anything that is not strictly relevant to your accident injury claim. Also, don't answer questions that haven't come up.
There are two parts to a personal injury compensation settlement: General Damages ? to compensate you for your injury and for your pain and suffering. Special Damages ? to compensate you for any expenses you've incurred, loss of earnings, and your future care needs.
Yes, insurance companies share claims history with each other using databases such as C.L.U.E., which is run by Lexis Nexis and contains claims data from more than 99% of car insurance companies. Insurers can check a driver's claims history using C.L.U.E. if the driver wants a quote.
Insurance adjusters will ask for a recorded statement as they are gathering information soon after the accident. This helps them to determine fault and how much compensation should be paid. Everything you say in your statement will be transcribed and put into a document, which becomes part of your claim file.
Your letter should clearly: State that the offer you received is unacceptable. Refute any statements in the adjustor's letter that are inaccurate and damaging to your claim. Re-state an acceptable figure. Explain why your counteroffer is appropriate, including the reasons behind your general damages demands.