Our client, who lives with his older brother, was running some errands that included filing his brother’s car with gas. He was stopped in a lane of traffic, waiting for the oncoming traffic to clear so he could make a left turn into the Bend, Oregon gas station nearest his brother’s house. While he was waiting to turn safely, a driver coming up behind him failed to notice that he was stopped and rear-ended him. The impact of the crash was severe enough that he suffered neck and back injuries that required medical attention. Plus, his brother’s car was damaged.
Our client was in a situation where he was a permissive driver, meaning his brother allowed him to drive the car. In Oregon, the car owner’s insurance policy covers all drivers who are given the permission of the owner and policy holder to use the car. Our client was surprised, then, when his claim was denied by the at-fault driver’s insurance company because, according to the company, our client was excluded from such protection because he lived with his brother. This made no sense to our client, and he suspected the insurance company was just trying to avoid paying his claim. He called us, expert auto accident attorney.
After taking the case, I remembered a similar Oregon case that had been argued before the Oregon Court of Appeals. Indeed, after a little research, I found Brandon Sheptow v. Geico General Insurance Co., in which the Oregon Court of Appeals handed down a ruling on a very similar case that was in favor of the driver of a borrowed family member’s car. I provided a copy of this case to the insurance company and negotiated a favorable settlement for our client that covered all the medical treatment he needed to make a full recovery.
If you’ve been injured in a car accident – even if the situation is a little unusual, as in this case – we can help you get the settlement you deserve from the insurance company. One of our expert Personal Injury Attorneys will be happy to discuss your Oregon Personal Injury case with you. Call us now: 541-617-0555