Detailed Answer
After a collision, your insurer must handle your claim promptly. Oregon law bars unfair claim practices and sets clear deadlines. Under ORS 746.230, insurers may not unreasonably delay, deny or undervalue a claim. Additionally, ORS 742.057 requires insurers to accept or deny a claim within 30 days after receiving proof of loss.
- Review your policy. Note coverage limits, claim‐filing deadlines and documentation requirements.
- Gather evidence. Document photos, repair estimates, medical bills and communication logs.
- Send a formal demand. Mail a written request via certified mail. Cite ORS 742.057 and demand a decision by a specific date.
- File a regulatory complaint. If your insurer fails to respond or acts unfairly, file with the Oregon Department of Consumer and Business Services: dfr.oregon.gov/complaints.
- Consider a bad faith lawsuit. If the insurer knowingly or recklessly violates ORS 746.230, you may pursue extra-contractual damages in court.
Be mindful of Oregon’s two-year deadline for filing most vehicle collision lawsuits under ORS 12.110. Missing this statute of limitations can bar any recovery.
Disclaimer: This article is for informational purposes only and does not provide legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Act swiftly: Start your claim and inquiries immediately after the collision.
- Keep copies: Maintain a file of all correspondence, estimates and bills.
- Follow up regularly: Send reminders and request written reasons for any denial.
- Know the rules: Review ORS 746.230 and ORS 742.057.
- Seek help: Contact the DCBS or a licensed Oregon attorney for guidance.