[OR] Can an uninsured driver recover damages after being rear-ended by an insured driver?

OR Car Accident

TJ, Esq.

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Here’s the thing: most insurance companies will deny a claim if the at-fault driver didn’t have valid insurance at the time, but that doesn’t mean you’re out of options. You might have an uninsured motorist claim through your own policy if you had one, or you could pursue the other driver directly in small claims (ORS 46.405) or civil court for your damages. Keep in mind that under ORS 31.715, a driver who was uninsured in violation of ORS 806.010 at the time of the accident generally cannot recover noneconomic damages, such as pain and suffering, but may still pursue economic losses like vehicle repairs and medical bills. Some states also have uninsured motorist funds. The real question is whether you can collect even if you win.

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I was rear-ended after coming to a complete stop at a red light. I didn’t have insurance at the time of the accident and tried to file a claim with the other driver’s insurance.

Lexi, Chatbot

I’m sorry to hear about your accident; that must be a stressful situation. Can you tell me when the accident occurred?

May 13.

Lexi, Chatbot

Have you already spoken to the other driver’s insurance company about the claim?

Yes.

Lexi, Chatbot

Is there anything else the Traffic Lawyer should know before I connect you? Rest assured they’ll be able to help with your accident claim.

No.

TJ, Esq.

Hello! My name is TJ, and I’m an attorney with over 20 years of experience. Thanks so much for the opportunity to assist you!

Hello.

TJ, Esq.

24,722 satisfied customers

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