Steven R. Smucker
Personal Injury and Trial Lawyer
Have a question?

Attorney Steve Smucker
Personal Injury Trial Lawyer
806 SW Broadway Ste 1200
Portland, OR 97205-3314
Phone: (503) 224-5077
Fax: (503) 299-6178
Toll Free: (888) 551-5077

Uninsured and Underinsured Drivers

When You are Hit by an Uninsured or Underinsured Driver

It is important that you contact an experienced personal injury attorney immediately to avoid waiving any valuable legal rights and ensure you are awarded the insurance coverage available to you.

You can be certain that the insurance company will be working to reduce or deny your claim. With a skilled personal injury lawyer on your side, insurance companies will be kept on track or face a lawsuit or mandatory arbitration.

If you are making an uninsured motorist claim or underinsured motorist claim, assure a legal advantage by contacting Steve Smucker, auto accident lawyer, for a free consultation.

Learn more about legal representation for automobile accidents and client case results.

Uninsured Motorist Coverage is Critical

Every year drivers with little or no auto insurance seriously or permanently injure people. You cannot depend on other drivers to have insurance coverage.

To protect yourself and your family, it is vital to buy as much uninsured motorist coverage as you can afford. Uninsured motorist coverage compensates for bodily injury caused by an accident with a legally responsible driver who has no liability coverage.

Oregon auto insurance laws require that every driver carry a minimum of $25,000 in uninsured motorist coverage. If you are in an accident and the other driver is at fault and does not have insurance, you can make a claim against your own insurance carrier for personal injuries, medical expenses, and lost wages.

What Does Uninsured Motorist Coverage Cover?

  • Medical bills, past and future
  • Wage loss, past and future
  • Permanent disfigurement
  • Impaired earning capacity
  • Emotional distress, pain and suffering
  • Interference with activities of daily living
  • underinsured

    It may not cover damage to your car or punitive damages.

    What if the At-fault Driver is Underinsured?

    In Oregon, if the driver's insurance is insufficient to cover your losses, and if you take the proper steps, you can recover the balance of your injury claim under your own uninsured motorist policy.

    Lawsuit Against an Insurance Company for Breach of Contract

    A breach of contract claim says that the insurance company did not hold to its agreement and pay the damages you are entitled to under your uninsured motorist policy. Policy wording is center stage in these cases. While insurance companies may have an advantage because they drafted the policy, the rules of construction are on your side. Rules of construction require the courts to interpret unclear language in your favor. If you win, you're entitled to the coverage provided for in the policy.

    Statute of Limitations

    A civil lawsuit for uninsured or underinsured motorist benefits must be filed within a certain time. Once the statute of limitations expires, it may be difficult or impossible for you to protect your rights.

    Be informed of your rights regarding possible uninsured and underinsured motorist benefits due you. Consult an experienced personal injury lawyer. Contact Steve Smucker for a free consultation.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

    Copyright © 2010 by Steven R. Smucker. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.