Defendants and Their Insurance Companies Must Pay Attention to Moderate Injury Claims or Pay Attorney’s Fees

If you have been injured or suffered property damage through the fault of another, but your injuries/damages are not extensive or permanent, your claim should, and can still be settled quickly and fairly.

ORS 20.080 provides that when the claim is for $10,000 or less, if the injured person sends a written demand for payment to the defendant, and also to his insurance company, if known, and the defendant or his insurance company do not make a fair offer within the 30 days, then we are entitled to recover attorney’s fees in addition to damages, as long as the verdict or arbitration award exceeds any offers made within the 30-day period.

ORS 20.080 was enacted by the Oregon legislature to force liability insurance companies to actually pay attention to moderate personal injury and property damage claims. Ignoring such a claim is a very expensive mistake for the insurer, due to the exposure for attorney fees.