Our client was walking from his house in Bend, Oregon to a nearby convenience store. He was walking up to the store’s entrance through the parking lot, as he always did, when the driver of a parked car quickly put his car into reverse. He backed into our client, injuring him so severely that he required immediate medical attention and ongoing treatment for several months.
The driver of the car in the parking lot admitted to not looking behind him prior to backing out of the parking space. Although the at-fault driver admitted his negligence, the insurance company, to our client’s surprise, refused liability for the accident, arguing that our client was partially at fault. The claimed that it was negligent to walk behind parked cars, as the cars’ drivers might decide to move at any time. Our client, facing steep medical bills, was concerned about the insurance company’s refusal to pay and decided to contact a personal injury lawyer with experience fighting pedestrian injury claims.
I evaluated our client’s case and ignored the insurance company’s ridiculous argument that our client was at fault in the accident. I sent them a demand letter for the value I had evaluated the case at. They were resistant, so I followed that up with an ORS 20.080 letter, which informs them that they will have to pay attorney fees as well as any award won in court if they ignore settlement attempts. In spite of these aggressive attempts to settle, the insurance company refused to make a reasonable offer.
Even as I was preparing to file a lawsuit to get fair compensation for our client’s claim, the insurance company changed their position and made a last minute offer that matched the evaluation of the case. Our client was pleased with the offer, and we were able to resolve the case without protracted litigation, saving our client time and money. With an experienced personal injury attorney on his side, our client received compensation for his medical expenses and pain and suffering.