What is the procedure to contest a finding of fault in a car accident in OR state

Eugene, OR Viewed 665 times. Posted about 1 year ago in Car / Auto Accident

My car was hit by a semi but I'm the one being put at fault: At a two-lane intersection, I was stopped in the right lane and a semi truck was stopped in the left lane next to me. He turned left in front of me and squashed the front of my Jetta (no injuries). There was one witness who said that it looked like I had purposely put myself in that predicament, and said I was at fault. The driver was surprised.

When calling the police, they decided not to dispatch anyone because there were no injuries, so no report was filed. Photos were taken, but it's not obvious which lane the driver had started in. It seemed clear that because the driver had hit me, he was at fault.

I submitted my claim, as did the semi truck driver, and the insurance companies reviewed our cases. It turns out that the semi driver lied, saying that he was actually in the right lane and then when he swerved out to turn, I moved into the right lane and go in his way.

My insurance company believes the semi driver and so I am put at fault. At this point, what ground do I have to stand on, and what action can I take that will remove the fault from me? Or should I bother to do anything at all? Total damages are $1900, and I have a $500 deductible that I will have to pay if I am at fault.

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Answers (4)

Donald Solomon Nathan

This attorney is licensed in Illinois. Posted about 1 year ago.

The answer is simple: sue him in small claims court. The cost is minimal, and the result is very likely to be in your favor. When you are suing "in pro per" or on your own behalf, the judge is very likely to give you some sway even though he is not supposed to do so. Odds are the insurance company lawyer won't be able to get this so-called "independant" witness to come to court, and his out-of-court statement is nothing but hearsay and no judge is going to admit it if you object. All you need to do is to tell a more credible story based on the pictures you take of the damage and your account of the way the crash took palce. You hardly need a lawyer for that.

Daniel J DiCicco

This attorney is licensed in Oregon. Posted 11 months ago.

I wouldn't sue him in small claims. I would sue him in circuit court. There is a special statute, ORS 20.080, that lets you get your attorney fees if you win your tort claim that is less than $5,500. If you are willing to share some risk with a trial lawyer, many will take that case for a small up-front fee and then try to win some attorney fees on the case. If you have questions about this please look me up. I have done some of these cases and they can pay out fairly well.