A car crash is the injury case we see most, and one people often try to handle alone. An adjuster may call early, ask questions, and make an offer before you know the full cost of treatment. If the claim closes too soon, later bills and losses may be left unpaid.
Salem injury lawyer Luis Martinez spent nearly five years as an insurance claims adjuster before switching sides to represent injured people in auto accidents. He knows how insurers value car crash claims and where they look for reasons to pay less. While based in Salem, Luis represents injured people throughout Oregon. The consultation is free and available in English or Spanish.
How Oregon law applies to car accident claims
Every car accident claim in Oregon runs on three sets of rules.
Fault. Oregon is a fault state with a modified comparative fault rule: the driver who caused the crash is responsible for the harm, your recovery is reduced by any percentage of fault assigned to you, and it is barred entirely if your share exceeds 50 percent. Fault percentages are argued, not decreed, which is why insurers work so hard to put a share on you.
Your own coverage. Oregon requires personal injury protection (PIP) on every standard auto policy, at least $15,000 per person. PIP pays your medical bills from day one regardless of who caused the crash, and it is often the difference between treating properly and putting off care. It is also where injured people meet their own insurer’s adjusters, and where improper denials and early cutoffs happen. Challenging improper PIP denials is a particular focus of this office.
The other driver’s coverage, and its limits. The at-fault driver’s liability insurance carries the main claim. When that driver is uninsured or carries too little coverage, the uninsured and underinsured motorist coverage Oregon requires on your own policy can fill the gap.
Deadlines. Generally two years for an injury claim, with exceptions in both directions and much shorter insurance clocks along the way. Treat timing as a question to ask early, not a cushion to rely on.
What we do after a car crash
First, we identify every policy that may apply to the crash: the other driver’s liability coverage, your PIP benefits, and UM/UIM coverage if the insurance on the other side is not enough. We work to get available coverage in place for medical expenses and take the insurance burden off you.
Then we build the claim the way an adjuster is trained to test it. Luis spent nearly five years evaluating car crash claims for an insurer. He knows the file the other side keeps: the treatment gaps they flag, the records they weigh, and the information they use to value injuries. We document your treatment, wage loss, and recovery, then respond to the insurer’s valuation with complete evidence.
We handle every insurer conversation. You do not give a recorded statement, sign a medical release, or accept a valuation without us reviewing it first. And we prepare every case as if it may be tried, because that is what makes settlement numbers move.
Car crashes are the most common injury cases, so insurers have well-developed processes for evaluating them. Luis uses his claims experience to anticipate that process and prepare the case accordingly.
What compensation may be available
A car accident claim in Oregon can include:
- Medical expenses, current and future, beyond what PIP covers
- Lost wages and reduced earning capacity
- Noneconomic damages: pain, disruption, and what the injuries took from daily life
PIP benefits may cover early losses, while the liability claim addresses the remaining damages. Coordinating the two correctly, including how PIP is reimbursed at the end, affects what you actually keep. This is detailed work, and mistakes can reduce the value of a claim.
No honest lawyer promises a number. The value of a car crash claim is built from evidence: what happened, what it cost you, and what it will keep costing.