If i am a pedestrian who got hit by an immigrant and has no insurance who pays my settlement the state? or how does this process

Asked almost 2 years ago - Portland, OR

my name is teairra benjamin

Attorney answers (6)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . I agree with my colleague.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Sean P DuBois

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . Teairra,
    My partner wrote about your accident on our blog, and that might help give you some answers to questions about hit and runs: http://portlandattorney.wordpress.com/2012/09/2...

    And yes, you can get help. Try http://www.doj.state.or.us/victims/pages/compen... as hit and run is a crime, and you may be eligible for compensation.

    If you have any other questions, you can call my office at 503-222-4411. Your question doesn't give enough info. for me to say more here.

  3. Todd A Taylor

    Contributor Level 11

    5

    Lawyers agree

    Answered . You should also consider contacting your own auto insurance, if you have it. Many people do not realize that your own auto insurance, if you have it, may be able to provide PIP benefits and other benefits even though you were not in your car.

  4. Joanne Reisman

    Contributor Level 16

    3

    Lawyers agree

    Answered . Hi. So sorry to hear about your accident. You are not supposed to give your name out here on Avvo, it's all supposed to be anonymous. Your only recourse is against the person that hit you. If they had no insurance then their driver's license will be suspended and if you get a judgment against them their license can remain suspended until they pay the judgment or escape financial liabilty by filing bankruptcy. The bankruptcy option may be limited if it can be shown that they were driving under the influence of intoxicants, which can be hard to prove if they leave the scene of the accident and are not tested right away.

    So there are legal tactics that can be taken but no certainly as to whether you will ever see any money. the state is not responsible for their tortious activities. So no, there is no one else that you can go after for money unless you have some other theory against another party.

    Sometimes a third party with a deep pocket can be sued. Sometimes the bar that served the drinks to the intoxicated driver can be sued. Sometimes a government agency can be sued for unsafe conditions involving the roadway where the accident happened. It is important to consult with an attorney and see about investigating the case to look for other responsible parties. It may turnout that only the other driver is responsible and they have no money that you can go after. It's just hard to say at this point. Get an attorney.

    Keep in mind that if you have large medial bills that you can't pay, once you get through your treatment you may need to seek relief via a bankruptcy unless you have medical insurance that covers your bills. While this is very unfair when you are the victim of this tragic event it is at least helpful to know that there is a way out of the bills if they overwhelm you.

    Also if the person that hit you is prosecuted he can be ordered by the criminal court to pay you via restitution. So you do want to stay on top of any related criminal proceedings.

    http://www.portlandlegalservices.com

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what... more
  5. Jay Bodzin

    Contributor Level 20

    2

    Lawyers agree

    Answered . You should never post your name or other personally identifiable information on this site, or anywhere else on the internet where you discuss legal cases. The post could be found and traced to you, and your statements used against you.

    Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are... more
  6. Jeremiah Vail Ross

    Contributor Level 9

    2

    Lawyers agree

    Answered . Unless the immigrant was driving a vehicle owned by the State of Oregon, or was employed by the State of Oregon while he was driving, the State of Oregon is not involved. If you were on a negligently designed road or crosswalk, then the State of Oregon may be the proper defendant. However, the State is not going to use taxpayer's dollars to pay a claim unless they were negligent in some fashion.

    If you have Automobile insurance then your uninsured motorist coverage may cover this incident. There are other ways to tap into insurance , but this forum is not the proper place to discuss that. You should speak with a Personal Injury Attorney regarding the collision. I would be happy to speak with you about your case. Click on the link below for my contact information.

    This posting does not create an attorney client relationship and is for informational purposes only.

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