Our client, a young woman, and one of her good friends had gone out for lunch and done some shopping on a cloudy Saturday in Medford, Oregon. Our client’s friend was driving her back home, along a route both ladies knew well. They were traveling along an s-shaped curve when they suddenly met a car traveling in the opposite direction in their lane. There was nothing the driver could do to avoid the crash, and the two cars collided head-on. The impact of the crash was forceful, and our client’s friend’s car was totaled and both women sustained injuries. When police responded to the scene of the accident, they arrested the other driver for driving under the influence of intoxicants (DUII).
Our client filed a claim with the at-fault driver’s insurance company for her medical expenses. She was surprised when they responded with a low offer that clearly did not take the driver’s intoxication into account. Feeling certain that she deserved a better settlement, she contacted an experienced DUII accident attorney at Dwyer Williams Dretke.
After I took her case, I carefully reviewed her medical records and bills. I set a fair value on her claim and sent a strong demand letter to the at-fault driver’s insurance company. After opening negotiations in this way, I had several conversations with the insurance adjuster. The insurance company increased its original offer several times, eventually making a “top offer” that was still less than what I had valued the claim at. I then sent them an ORS 20.080 letter, which warns the insurance company that they will be responsible for the plaintiff’s medical expenses as well as attorney fees if they fail to settle the case. This tactic got them to review their “top offer” and make another offer, this time within the range of the fair value I had established for the claim. Our client was very happy with the settlement.
If you’ve been injured in a car accident involving a DUII driver, 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