If i was in a car accident in oregon... both drivers had no insurance and he was at fault can i legally sue him for the damages?

Attorney answers (3)

1. Licensed in OR

   

   Jay Bodzin

   Portland Family Law Attorney

   Contributor Level 19

   4

   Lawyers agree

   Answered July 08, 2012 20:31. Yes, you can. But you should be aware of a couple of issues:
   
   First of all, if a court determines that the other driver was at fault and caused your injuries (whether to your body, or to your car or other property), then they could be ordered to repay you. But if they don't have any money, or insurance, they might not be able to pay.
   
   Second, you should be aware that driving without insurance is against the law in Oregon. You might find yourself in a situation where you have to admit, under oath in court, that you broke the law. You should consult with an experienced attorney before you try suing anybody.

   Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are... moreNothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
   
   Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com less

   • Mark as helpful
   • Flag
2. Licensed in OR

   

   Ryan L Hilts

   Lake Oswego Personal Injury Lawyer

   Contributor Level 4

   Answered July 12, 2012 20:02. In Oregon you cannot make a claim for your "pain and suffering" (non-economic damages) unless you had insurance within 180 days of the accident. You can get your medical expenses and other economic damages reimbursed.

   • Mark as helpful
   • Flag
3. 

   Robert Don FinkPro

   Chicago Car / Auto Accident Lawyer

   Contributor Level 16

   

   EmailVisit website

   Answered July 11, 2012 19:33. Yes you can... the question is if you want to and if it is worth it. You may want to speak with a local lawyer to discuss this.

   • Mark as helpful
   • Flag