Steps to Pursue Vehicle Damage Compensation Separate From Bodily Injury Claims in Oregon

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.

Detailed Answer

In Oregon, you can pursue compensation for vehicle damage (property damage) independently of any bodily injury claim. Whether you file a first-party claim under your own collision coverage or a third-party claim against the at-fault driver’s insurer, the process involves the following key steps:

1. Document the Accident and Damage

• Take clear photographs of all vehicle damage and the accident scene.
• Obtain the other driver’s name, contact, insurance information and vehicle details.
• Secure a copy of the police accident report (usually available through the local law enforcement agency).

2. Notify Insurers Promptly

Oregon law requires you to report a loss to your own insurer after a covered event under ORS 742.502. If you have collision coverage, call your carrier’s claims department. If you intend to pursue a claim against the at-fault driver, notify their insurer in writing as soon as possible.

3. Obtain Repair Estimates

Get a written estimate from a licensed repair shop. If you disagree with the insurer’s estimate, you may seek a second opinion. Keep all estimates, receipts and invoices as evidence for your claim.

4. File Your Property Damage Claim

1. First-Party Claim: Submit your repair estimate and any required forms to your own insurer to trigger your collision coverage.
2. Third-Party Claim: Send a demand letter to the at-fault driver’s insurer. Include details about the accident, repair costs and a deadline for response (usually 30 days).

5. Negotiate Settlement

The insurer may accept your demand, reject it or propose a lower settlement. You can provide supplemental proof—like rental car invoices or loss-of-use charges—to justify a higher amount. Keep correspondence in writing.

6. File a Lawsuit If Necessary

If negotiations stall, you can file a civil complaint in Oregon circuit court. Under ORCP 23, you may seek a separate trial on the property damage claim apart from any bodily injury lawsuit. The statute of limitations for property damage claims in Oregon is six years from the date of loss per ORS 12.080.

Helpful Hints

• Always preserve the damaged vehicle until the insurer inspects it—removing parts or repairing too early can reduce your recovery.
• If you use a rental car, document daily rates and mileage to include in your demand.
• Request written confirmation of coverage limits when dealing with the other driver’s insurer to ensure they can pay your claim.
• Keep a detailed log of calls, emails, and letters exchanged with insurers and repair shops. This record supports your position if a dispute arises.
• Consult an attorney before filing suit to confirm you meet all procedural requirements, including deadlines and proper service of process.