Oregon has a fair settlement practices act, but the truth is, it is rareley enforced. This is because the statute allows only the State of Oregon Department of Consumer and Business Services Insurance Division to enforce this statute. You call the State of Oregon, or file an on line complaint, and an inquiry is made. Often, however, it ends there, but now there is hope.
A recent Oregon case found that insurers may sometimes be liable under Oregon's Unfair Claims Settlement Practices Act. This is a recent decision, and like other major shifts in the law, it will take more time to find out how much this will help consumers who are treated unfairly by insurance companies.
More troubling and likely to continue are violations of the statute that go unreported, mainly becuase injured people do not know about the law, or that the adjuster is violating the statute. Today, for example, I spoke with a potential client who was involved in a high impact collision. He has been taken off work, and has serious symptoms. The adjuster called him days after the collsion, offereing a quick settlement, knowing full well that this gentleman was not cleared to work, and still required medical care. This is a deceptive and fundamentally unfair claims practice, but it happens all the time.
In Washington, citizens have a right to file a lawsuit for violations of a similar statute.
Be wary of claims adjusters offering quick settlements. You may be signing away the right to future medical care.
If you have questions about an adjuster's offer, or any other issue with your Oregon or Washington auto injury claim, give us a call. We help people with these issues every day.
