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What do I do if the other person does not have car insurance and I’m in a car accident?

If the at-fault person does not have insurance, you need to file an "uninsured motorist claim" with your own insurance. If you have "uninsured motorist coverage", your insurance will step in the shoes of the at-fault person and settle the claim as if the at-fault person actually had insurance.

How do you feel about chiropractic treatment?

Chiropractic treatment is a great supplemental treatment. I recommend seeing your primary care doctor and physical therapy before seeking chiropractic treatment. This makes it difficult for the insurance company to deny payments for chiropractic treatment and everyone satisfied.

How do I get a copy of my medical records for my personal injury case?

Every medical provider allows you to make a 'request for records'. Call your doctor's office. As for a medical authorization form. Fill out the form. Return it to the doctor's office. Typically, within 30 days, your records will be sent to you. Alternatively, your attorney will make this request on your behalf.

I have unpaid medical bills. How do I get them paid?

To get your medical bills paid, you file (1) a Personal Injury Protection or Medpay claim with your own insurance. This part of your policy covers medical bills up to $10,000-$15,000. If you were a pedestrian, the at-fault party's Personal Injury Protection or Medpay should cover your medical bills. (2) You can request that your personal health insurance pay medical bills until you can settle your claim. (3) Payout of your own pocket. (4) Request that your doctor(s) stop collection attempts and include unpaid medical bills in your settlement agreement. When you settle, pay the unpaid medical bills. (5) Request that your doctor(s) stop collection attempts and sue the at-fault person and include unpaid medical bills in the lawsuit.

I am self-employed. How do I show lost wages?

Proving lost wages and income may be more difficult than it is for employees. The key is to show how much you would have earned from the date of the accident to the time of full recovery. You may be required to submit your 1099 form(s), tax return from the previous year, correspondence, business invoice, or receipts.

Will my personal injury claim cover the time I missed from work because of my injuries?

If your doctor provided you with a "release from work," you can add days missed from work to your personal injury claim. The "release from work" documentation is important because, without it, you have no proof that your injuries required you to miss work.

My family of five was in the car during my accident can we hire you to help all of us in one case?

If you were not at fault, we can help all of you. But, the rule of confidentiality still applies. This means that any communication between our office and a passenger over 18 years of age is one-on-one. Any settlement discussions will be separate per passenger.

My apartment stairs are broken and I was injured, is my apartment complex responsible for my injury?

Your apartment complex will be responsible if we can prove that they were aware of the potential danger. For example, someone complained to the apartment complex that the stairs were old and looked cracked, but the apartment complex never took the time to investigate or fix the stairs.

How do I know if it’s worth hiring an attorney for my injury claim?

We believe it is always worth hiring us. People worry that their small case isn't worth hiring an attorney because the attorney will eat up their settlement in attorney fees. For small cases we offer a flat fee program, so you take home the bulk of your settlement.

How often can I expect an attorney to call me with an update on my case?

At E.L. Law Firm, we contact you every 30 days.

If I lose my case do I have to pay money out of my pocket?

Yes. If you lose your case in court, the judge may order that you pay the other person's attorney's fees and expenses. In personal injury cases, attorneys will advance the expenses and recover their expenses and agreed-upon fees if they are able to get you paid. If you lose, your attorney will likely not ask that expenses be paid back. But, the court may order that you pay attorney fees and expenses of the other party.

Will my case go to trial?

85-90% of cases never go to trial. Each state has implemented alternative dispute resolutions to help people settle their cases before the trial. These dispute resolution options allow you to present your case to a neutral third party in hopes to reach a fair settlement. These alternative dispute resolution options are typically mediation or arbitration. For more information, watch our video on arbitration and mediation.

How do I open a PIP claim?

You can call your car insurance company's claims department and ask the representative to open a PIP claim. You will be sent a PIP application and given a claim number. Upon visiting your doctors, tell them your PIP claim number. The doctor's office will begin to submit bills to your car insurance company.

Whose PIP coverage do I use?

For PIP, use the coverage of the vehicle you were driving or a passenger of.

The person who rear-ended me did not have car insurance, what do I do?

If the other person did not have car insurance, you file an uninsured motorist claim with your own insurance. Call your insurance company and let them know that the other person did not have insurance and your hurt. Your insurance will open an uninsured motorist claim.

What is gap insurance?

Gap insurance covers the gap between what you originally paid for your car and its current value. For example, when you bought your car 3-years ago, it was worth $20,000. It is now only worth $10,000. Let's say you still owe $15,000. Then, you get into a car accident. Your car is totaled. Gap insurance will cover the other $5,000 so you are not stuck paying $5,000 for a car you no longer own.

I owe money on my car still. It was totalled and insurance won't cover all of what I owe. Why?

When a car is totaled, insurance is only required to pay an amount equal to the current value. Insurance is not required to pay an amount equal to what you owe on your car loan unless you have gap insurance.

What is Oregon PIP coverage max?

Even though you can request a $25,000 PIP policy, most coverage is up to $15,000.

How much will medpay cover for my medical bills?

If you have a basic car insurance policy that includes medpay, it is usually up to $10,000.

Do I have to give my insurance company a statement after a car collision?

Yes. You have a duty to give your own insurance carrier a statement about the car collision.

Do I have to give a statement to the other persons insurance company?

No. You have no duty to the other person's insurance company to provide a statement.