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January 3rd, 2025
After an accident, dealing with insurance companies can be one of the most stressful parts of the process. It’s particularly frustrating when an insurer claims you were at fault for an accident you believe wasn’t your responsibility. At Hess Injury Law in Hermiston, Oregon, we often hear from clients facing this exact situation. If you’re in this predicament, don’t panic – you have options, and we’re here to help guide you through them.
Before we dive into what to do if an insurance company blames you for an accident, it’s important to understand how fault is determined in Oregon.
Oregon follows a modified comparative negligence rule. This means that:
For example, if you’re awarded $100,000 in damages but found to be 30% at fault, you’d receive $70,000. However, if you’re found to be 51% at fault, you wouldn’t be eligible for any compensation.
Insurance companies are businesses, and their primary goal is to minimize payouts. Some common reasons they might try to shift blame to you include:
If an insurance company says you’re responsible for an accident, don’t simply accept their determination. Here are crucial steps to take:
Even if the insurance company sounds confident in their assessment, remember that their initial determination isn’t final. Avoid admitting any fault or making statements that could be used against you later.
Ask the insurance company to provide a detailed explanation of why they believe you’re at fault. This information can be valuable for challenging their decision.
Collect all evidence related to the accident, including:
Carefully read your own insurance policy. Understand what coverage you have and what your rights are in disputing a claim.
Keep detailed records of all interactions with the insurance company, including dates, times, and content of phone calls and emails.
Avoid signing any documents from the insurance company without having them reviewed by an attorney first.
It may be worthwhile to hire an accident reconstruction expert or private investigator to gather additional evidence.
Perhaps most importantly, reach out to a knowledgeable personal injury lawyer. At Hess Injury Law, we can provide invaluable assistance in disputing an insurance company’s fault determination.
When you work with our firm to challenge an insurance company’s fault determination, we will:
We’ll review all available evidence, potentially uncovering facts that the insurance company overlooked or misinterpreted.
Our team will examine relevant traffic laws and regulations to ensure they’re being correctly applied to your case.
We’ll communicate directly with the insurer, presenting evidence and arguments to counter their fault determination.
If necessary, we’ll work with accident reconstruction specialists, medical experts, and other professionals to build a strong case in your favor.
If negotiations aren’t successful, we’re prepared to represent you in mediation or take your case to court to fight for fair compensation.
Time is of the essence when challenging an insurance company’s fault determination. In Oregon, the statute of limitations for personal injury claims is generally two years from the date of the accident.
However, it’s crucial to start the process much sooner:
If an insurance company says you’re at fault for an accident, remember that their determination isn’t set in stone. You have the right to challenge their decision and present evidence in your favor.
At Hess Injury Law in Hermiston, Oregon, we have extensive experience dealing with insurance companies and contesting fault determinations. We understand the tactics insurers use and know how to build strong cases to protect our clients’ rights.
When you work with us, you benefit from our:
Being blamed for an accident you didn’t cause is frustrating and potentially costly. Don’t let an insurance company’s incorrect fault determination go unchallenged. If you’re facing this situation, reach out to Hess Injury Law in Hermiston, Oregon, as soon as possible.
We offer free initial consultations to discuss your case and explain your options. Our team will review the details of your accident, assess the strength of the insurance company’s claim, and advise you on the best path forward.
Remember, the insurance company’s word isn’t final. With the right legal representation, you can fight back against unfair fault determinations and seek the compensation you deserve. Contact Hess Injury Law today and let us help you navigate this challenging situation. Your rights and your financial future may depend on it.
Disclaimer: The content of this blog is for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal counsel.
Peter J. Hess grew up in Walla Walla, Washington. He is a 1996 graduate of Walla Walla High School and a 2000 graduate of the University of Washington, with a B.A. in Business Administration/Information Systems.
Peter graduated from Willamette University College of Law, with honors, in 2007. While at Willamette, he was an Associate Editor of the Willamette Law Review, he was a Teacher’s Assistant for a Legal Research and Writing professor, and he worked as a Personal Injury Law Clerk at Swanson, Lathen, Alexander & McCann in Salem, Oregon. After graduation from Willamette, Peter began working here at Hess Injury Law. In 2012, he became a partner in the firm. He is licensed to practice law in both Washington and Oregon.
