Whom Should You Sue After a Car Accident – the Other Driver or Their Insurance

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When you have been injured or sustain significant damage to your automobile in an accident, you may be entitled to significant compensation. Most drivers don’t know if they should simply file a claim with the insurance company and hope for the best, if they should sue the other driver, or if they should sue the other driver’s insurance. Here are a few things to take into consideration if you have been in an accident in Oregon.


  • Generally, the other insurance is who you will deal with when negotiating a settlement, but it is the other driver that you will sue if litigation is necessary.
  • Determining who is liable, or “at fault,” for the accident is the first order of business. If the accident was your fault, there is no one you can sue for your damages. However, if at least part of the fault lies with the other driver, you may be eligible for compensation. Oregon is a “comparative negligence” state. This means you can sue for damages as long as you are no more than 50% at fault for the accident.
  • Insurance Negotiations. If you have sustained severe damages in an accident and filed a claim with the other driver’s insurance company, they may refuse to cover all your expenses, even after you have tried to reason with them. If you find yourself in this situation, you may be able to sue the other party.
  • The Other Driver. When the other driver’s insurance company refuses to provide the fair compensation for your damages, you may be able to bring a negligence lawsuit against the other driver. Your damages may include injuries that you received in the wreck or pre-existing injuries that become worse due to the accident.
  • Uninsured Drivers. If you were in a crash with an uninsured driver, you may attempt to sue the driver in court. However, these scenarios don’t often pan out, as many drivers don’t have the assets to pay for damages. In this case, you may choose to file a claim with your insurance company, drawing from uninsured motorist benefits.


When you need legal advice after being involved in a car wreck, you want the expert lawyers at Shlesinger & deVilleneuve on your side. Reach out to us today to speak with a skilled legal professional about your case.


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