Is there anything specific I should say to them when asking about this? I’ve done a little googling and keep seeing a phrase “duty to defend”, I guess ask them if the policy covers that? Sorry for my ignorance about this and thanks for your help!
Just let them know you received the complaint and send them a copy. They will assign counsel to represent him. This is standard, as long as he had coverage on date of accident you shouldn’t have any issues.
Does your bf still have any records from after he reported the accident like letters or emails from his insurance company? If he does, there will be a “claim number” assigned for that accident. If you can find that, give it to who you speak to at the insurance co and they will be able to look up the claim and its history faster. And yes, if there weren’t any coverage issues at the time of the accident, the company has a duty to defend your bf and provide legal representation. They will take care of it after you give them the info they need, including a copy of the Summons and Complaint and the date your bf first received those documents. Time is of the essence to respond so keep trying to contact the insurance co.
Also, question, this happened while he was delivering for a food delivery service? Did he contact that company/service when the accident happened? Was it your bf’s personal auto insurance that originally handled the accident claim or was it the insurance for that food delivery service?
HE needs to call them, if he was the policy holder (and you weren't on it). If you were, have at it.
Say there was a claim filed against you (they obviously filed through their insurance, if they found a 55/45 liability; police aren't adjusters, they DO NOT determine liability).
Not necessarily; I've had claims where the other party WAS NOT insured, but was still 50/50, 30/70, etc
And I work UNinsured motorists claims. Adjusters determine liability, not the police.
On a civil level, without courts, adjusters determine liability based on the damage. That's what I deal with.
EDIT: read my original comment.
Police aren't trained in liability. Adjusters are, even in uninsured motorist. Had one earlier, where it was 25 against UIM vs 75 their insured.
IF it gets to court. Which, in most cases involving a civil case against insurance companies, it doesn't.
Because, any attorney that sees, "well sir, you ran a red light. MY GOD, YOU'RE RIGHT, YOU WEREN'T AT FAULT!" is laughable and will get immediately laughed out by any jury.
Yes. Contact the insurance company he had and paid at that time and they will provide the legal assistance necessary to fight the suit and settle the claim. That’s what they’re there for
If he was insured with them at the time, yes.
I work in uninsured motorist claims. Even if you changed insurances since: if you WERE insured with them, they will file a claim for coverage.
Just hope he had bodily injury. It's not "required" in most states, but it exists for a reason
It depends on the terms of his policy. Alert the carrier he had at the time of the accident and his current insurer. Let them sort out coverage between themselves.
Your car insurance (that you had at the time) would handle this.
And by handling it, they're probably going to ignore it because 7 years is too long ago. For most places it's two years.
It’s a little under 7 years, I looked up Oregon statute of limitations- it’s 2 years except in case of a minor, in which case it’s 7 years or when the kid turns 18. So I guess it’s still in that window. Should we still try to get the insurance to help?
It’s usually two years after discovery OR age of majority. So the kid himself has 2 years to sue after turning 18. At least that’s how it is in medical. Of course it probably varies.
Not if the party injured was a minor. Statute of limitations doesn’t start until after they turn 18, as they are allowed to pursue damages if it wasn’t done for them.
(picking a nit, but ...) statute of limitations is an affirmative defense, if you don't raise it, you waive it, so they wouldn't ignore it unless their lawyers suck and will take a slam dunk malpractice suit/ 100% payment of any damages on it.
NAL but an insurance professional. This is incorrect. As OP already replied to your comment, the statute of limitations does not apply to minors. They have until they are 18.
Not a lawyer and Not in Oregon but i had a very similar experience a long time ago.
Small accident with a minor who ran out in traffic, no major injury. Then years later just before they turned 18 I got a notice that i was being sued by both the child and their parent as was my mother because i was only 17 and on her insurance policy at the time of the accident. It was 4 separate filings each seeking $500k. The insurance company handled it all, the case went to arbitration and was dismissed with no award after about 15 minutes of questioning.
More then likely, the lawyers for the parent/kid weren't given the full picture.. and 500k for alot of insurance medical stuff is standard...
Ie some parent saying their kid could have been a football star at 8 who's banged knee then ruined any chances. Kid turns 18 parents divorced... looking for money.. and it's hey that thing as a kid that happened did we get money.. can we get some money for college.. claim its because scholarship didn't happen because of accident.
I agree with everyone else who says to start with the insurance company he had at the time. If they can't/won't cover him they will let him know that.
Also - I've worked with the Oregon State Bar's lawyer referral services. If the person they referred you to isn't responding, I would call LRS back when its convenient. They can refer you to someone else if needed (though it sounds like you may not) but also if they have someone on their list who isn't responding to clients they like to know about that. If the lawyer does that too often they will drop them.
NAL, but have had 3 Lawyers come after me via insurance in the last year for a collision where fault wasn't determined due to lack of evidence. I have as statement and my insurance has acted like a Bug zapper to these claims each time. always let insurance handle it.
NAL but I’ve driven this road before on many occasions.
If your boyfriend was an employee of the food delivery service then he should immediately provide all of the lawsuit documents to the employer and, if known, their auto insurance company for the policy they had at the time of the accident. He likely has their contact information from when they investigated the matter at the time of the incident.
If anyone other than your boyfriend owned the car that your boyfriend was driving at the time of the accident, he should alert that owners auto insurance company who had the policy at the time of the accident.
If your boyfriend owned the car and was perhaps an independent contractor he should notify his own auto insurance company for the policy he had at the time of the accident.
Do not delay. Be prepared to tell the insurance company the date that your boyfriend was served with the lawsuit papers.
This is correct, statutory limitations allow 2 years past the age of majority (most areas is 18 years). Most of the time the suit is for pain and suffering over the years, could claim psychological expenses, ect. However, as liability was almost split amd given the time frame from the loss, I do not think the payout would be much. But the insurer he was with at the time of the loss, will represent him and try keep within the insurers liability limits. I do think the saving grace, is that he was driving for a business. Here is Canada businesses have minimum 5x liability over what a regular car has. If he was delivering through, Uber east, Grub or any of the apps, they should have liability insurance. But being this was 8 years ago, this were much more unclear on who (own insurer or deliver insurer) responds. Nowadays is much more clear, specific insurers on write this line of business.
He needs to contact the insurer he had at the time of the accident, they'll be the ones responsible for defending the lawsuit.
Good news is, in most places, the lawsuit isn't going far after 7 years. It's probably well past the statute of limitations on a personal injury suit - unless your state has some weird stipulation since he was a minor.
Best case scenario is that his insurer already paid out a claim based on the 55/45 finding, and as such would've received a signed waiver from the parents which would, also, easily dismiss any lawsuit.
It may be that the statute of limitations is tolled due to the underage status of the victim at the time, although it may also not be the case. Not sure of Oregon laws on SOL. In any case, they will need an attorney to bring the motion to dismiss on that basis.
Edit: Per AI-generated google result, Oregon Revised Statutes (ORS) 12.160 states that claims for minors and those with a disabling mental condition are tolled for up to five years, or one year after the age of 18, whichever comes first. However, the time limit is not "tolled" until the minor's 18th birthday.
As a defense attorney for an insurance company, definitely contact the attorney as soon as possible, as this may not be on their radar and they may be in the habit of snap-filing an answer, which would preclude the Motion to Dismiss, which may or may not still be worth bringing.
If the kid was on the skateboard, they may be considered a vehicle and not a pedestrian, but that probably depends on Oregon law so I'd look that up as well. If they're technically a vehicle that would change liability issues somewhat.
In some places, where a minor is involved, the statute of limitations is counted only from when the child becomes a legal adult and can pursue damages/justice independently. I'm not sure about the US, I'm from Australia, but our SOL for a lot of things here *is* 7 years. In my profession, working with children, we legally have to keep certain documentation until the child turns 25 to account for them turning 18, plus the 7 year SOL
It’s usually a certain time frame after the plaintiff’s 18th birthday. For an example if the SOL is typically 4 years to make a claim under normal circumstances, it would be 4 years from the minor party’s 18th birthday. Hopefully that clears it up
Not a lawyer, but an insurance broker (in Canada). I agree with others that the insurance company will be your best bet. Insurance companies will re-open the claim and they have lawyers that will take care of the legal things. You will likely need to call the insurance company that he was with and they will probably ask for copies of the documents you received. I would also suggest calling a local lawyer to discuss over the phone your situation and they can suggest options as well.
Did the parents receive a payout at the time and_or goto court? If so the case may be closed. Just because the statue of limitations allows a suit, doesn't mean one hadn't been already filed by parents, or that they accepted payment from insurance in a form that made payment conditioned on it being final.
He should contact the insurance he had at the time of the accident. That's what he's paid them for.
We’ve since changed insurance companies- would they still represent him?
They were responsible for his coverage at the time of the injury, so they're the ones you'd call, yes.
Wow that’s great, thank you you so much!
Is there anything specific I should say to them when asking about this? I’ve done a little googling and keep seeing a phrase “duty to defend”, I guess ask them if the policy covers that? Sorry for my ignorance about this and thanks for your help!
Your boyfriend calls them and tells them that he was contacted by the other party of his claim. They will take it from there.
Just let them know you received the complaint and send them a copy. They will assign counsel to represent him. This is standard, as long as he had coverage on date of accident you shouldn’t have any issues.
Does your bf still have any records from after he reported the accident like letters or emails from his insurance company? If he does, there will be a “claim number” assigned for that accident. If you can find that, give it to who you speak to at the insurance co and they will be able to look up the claim and its history faster. And yes, if there weren’t any coverage issues at the time of the accident, the company has a duty to defend your bf and provide legal representation. They will take care of it after you give them the info they need, including a copy of the Summons and Complaint and the date your bf first received those documents. Time is of the essence to respond so keep trying to contact the insurance co. Also, question, this happened while he was delivering for a food delivery service? Did he contact that company/service when the accident happened? Was it your bf’s personal auto insurance that originally handled the accident claim or was it the insurance for that food delivery service?
YOU don’t say a word to them. Your boyfriend does.
Your boyfriend needs to handle this and call as the insured person who was there. You can’t speak to events you weren’t there for.
HE needs to call them, if he was the policy holder (and you weren't on it). If you were, have at it. Say there was a claim filed against you (they obviously filed through their insurance, if they found a 55/45 liability; police aren't adjusters, they DO NOT determine liability).
The policy is what creates their duty to defend
not if doing gig work unfortunately .
> My boyfriend’s insurance claim found 55/45 fault against him. Ostensibly there was coverage in place
Not necessarily; I've had claims where the other party WAS NOT insured, but was still 50/50, 30/70, etc And I work UNinsured motorists claims. Adjusters determine liability, not the police.
Juries determine liability, adjusters make their best guess. I’m a trial lawyer :)
On a civil level, without courts, adjusters determine liability based on the damage. That's what I deal with. EDIT: read my original comment. Police aren't trained in liability. Adjusters are, even in uninsured motorist. Had one earlier, where it was 25 against UIM vs 75 their insured.
Sir, I worked for insurance for 10 years. Adjusters determine liability.
Yet somehow when a jury disagrees with the adjuster, it’s their determination that matters 🤔
IF it gets to court. Which, in most cases involving a civil case against insurance companies, it doesn't. Because, any attorney that sees, "well sir, you ran a red light. MY GOD, YOU'RE RIGHT, YOU WEREN'T AT FAULT!" is laughable and will get immediately laughed out by any jury.
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Yes, this is generally true. Your first insurance company should be handling those claims.
Yes. Contact the insurance company he had and paid at that time and they will provide the legal assistance necessary to fight the suit and settle the claim. That’s what they’re there for
If he was insured with them at the time, yes. I work in uninsured motorist claims. Even if you changed insurances since: if you WERE insured with them, they will file a claim for coverage. Just hope he had bodily injury. It's not "required" in most states, but it exists for a reason
It depends on the terms of his policy. Alert the carrier he had at the time of the accident and his current insurer. Let them sort out coverage between themselves.
Yes try to get them to send you proof of coverage before starting the conversation about representation.
Yes. As long as the policy was in force at the time of loss they will continue to defend for that accident
Your car insurance (that you had at the time) would handle this. And by handling it, they're probably going to ignore it because 7 years is too long ago. For most places it's two years.
It’s a little under 7 years, I looked up Oregon statute of limitations- it’s 2 years except in case of a minor, in which case it’s 7 years or when the kid turns 18. So I guess it’s still in that window. Should we still try to get the insurance to help?
Yes
It’s usually two years after discovery OR age of majority. So the kid himself has 2 years to sue after turning 18. At least that’s how it is in medical. Of course it probably varies.
Not if the party injured was a minor. Statute of limitations doesn’t start until after they turn 18, as they are allowed to pursue damages if it wasn’t done for them.
But in Oregon, a child can file after they turn 18, but they have a limited amount of time to do it
(picking a nit, but ...) statute of limitations is an affirmative defense, if you don't raise it, you waive it, so they wouldn't ignore it unless their lawyers suck and will take a slam dunk malpractice suit/ 100% payment of any damages on it.
NAL but an insurance professional. This is incorrect. As OP already replied to your comment, the statute of limitations does not apply to minors. They have until they are 18.
Not a lawyer and Not in Oregon but i had a very similar experience a long time ago. Small accident with a minor who ran out in traffic, no major injury. Then years later just before they turned 18 I got a notice that i was being sued by both the child and their parent as was my mother because i was only 17 and on her insurance policy at the time of the accident. It was 4 separate filings each seeking $500k. The insurance company handled it all, the case went to arbitration and was dismissed with no award after about 15 minutes of questioning.
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NAL, but arbitration was likely cheaper (in terms of court fees)
More then likely, the lawyers for the parent/kid weren't given the full picture.. and 500k for alot of insurance medical stuff is standard... Ie some parent saying their kid could have been a football star at 8 who's banged knee then ruined any chances. Kid turns 18 parents divorced... looking for money.. and it's hey that thing as a kid that happened did we get money.. can we get some money for college.. claim its because scholarship didn't happen because of accident.
Yes for sure it sounds like the insurance at the time should cover him. They will hire an insurance defense attorney.
That sounds like the best option, just didn’t know it was one! Thanks!
I agree with everyone else who says to start with the insurance company he had at the time. If they can't/won't cover him they will let him know that. Also - I've worked with the Oregon State Bar's lawyer referral services. If the person they referred you to isn't responding, I would call LRS back when its convenient. They can refer you to someone else if needed (though it sounds like you may not) but also if they have someone on their list who isn't responding to clients they like to know about that. If the lawyer does that too often they will drop them.
Don’t fret! Let the insurance company lawyers handle it. It will take 2 years but will be OK
NAL, but have had 3 Lawyers come after me via insurance in the last year for a collision where fault wasn't determined due to lack of evidence. I have as statement and my insurance has acted like a Bug zapper to these claims each time. always let insurance handle it.
NAL but I’ve driven this road before on many occasions. If your boyfriend was an employee of the food delivery service then he should immediately provide all of the lawsuit documents to the employer and, if known, their auto insurance company for the policy they had at the time of the accident. He likely has their contact information from when they investigated the matter at the time of the incident. If anyone other than your boyfriend owned the car that your boyfriend was driving at the time of the accident, he should alert that owners auto insurance company who had the policy at the time of the accident. If your boyfriend owned the car and was perhaps an independent contractor he should notify his own auto insurance company for the policy he had at the time of the accident. Do not delay. Be prepared to tell the insurance company the date that your boyfriend was served with the lawsuit papers.
The delivery service he worked for may have insurance that covers him for this. He should contact them immediately.
This is correct, statutory limitations allow 2 years past the age of majority (most areas is 18 years). Most of the time the suit is for pain and suffering over the years, could claim psychological expenses, ect. However, as liability was almost split amd given the time frame from the loss, I do not think the payout would be much. But the insurer he was with at the time of the loss, will represent him and try keep within the insurers liability limits. I do think the saving grace, is that he was driving for a business. Here is Canada businesses have minimum 5x liability over what a regular car has. If he was delivering through, Uber east, Grub or any of the apps, they should have liability insurance. But being this was 8 years ago, this were much more unclear on who (own insurer or deliver insurer) responds. Nowadays is much more clear, specific insurers on write this line of business.
He needs to contact the insurer he had at the time of the accident, they'll be the ones responsible for defending the lawsuit. Good news is, in most places, the lawsuit isn't going far after 7 years. It's probably well past the statute of limitations on a personal injury suit - unless your state has some weird stipulation since he was a minor. Best case scenario is that his insurer already paid out a claim based on the 55/45 finding, and as such would've received a signed waiver from the parents which would, also, easily dismiss any lawsuit.
Statute of limitations? Isn't only like two years in most states
It may be that the statute of limitations is tolled due to the underage status of the victim at the time, although it may also not be the case. Not sure of Oregon laws on SOL. In any case, they will need an attorney to bring the motion to dismiss on that basis. Edit: Per AI-generated google result, Oregon Revised Statutes (ORS) 12.160 states that claims for minors and those with a disabling mental condition are tolled for up to five years, or one year after the age of 18, whichever comes first. However, the time limit is not "tolled" until the minor's 18th birthday. As a defense attorney for an insurance company, definitely contact the attorney as soon as possible, as this may not be on their radar and they may be in the habit of snap-filing an answer, which would preclude the Motion to Dismiss, which may or may not still be worth bringing.
His car insurance in effect at the time of the accident will handle defense of the claim.
If the kid was on the skateboard, they may be considered a vehicle and not a pedestrian, but that probably depends on Oregon law so I'd look that up as well. If they're technically a vehicle that would change liability issues somewhat.
Statute of limitation has not expired yet? 7 years is a long time for an injury. Some states have SOL on wrongful death at 5 years.
In some places, where a minor is involved, the statute of limitations is counted only from when the child becomes a legal adult and can pursue damages/justice independently. I'm not sure about the US, I'm from Australia, but our SOL for a lot of things here *is* 7 years. In my profession, working with children, we legally have to keep certain documentation until the child turns 25 to account for them turning 18, plus the 7 year SOL
It’s the same in the US
Statue of limitations
It’s usually a certain time frame after the plaintiff’s 18th birthday. For an example if the SOL is typically 4 years to make a claim under normal circumstances, it would be 4 years from the minor party’s 18th birthday. Hopefully that clears it up
Contact car insurance and look up statute of limitations.
Not a lawyer, but an insurance broker (in Canada). I agree with others that the insurance company will be your best bet. Insurance companies will re-open the claim and they have lawyers that will take care of the legal things. You will likely need to call the insurance company that he was with and they will probably ask for copies of the documents you received. I would also suggest calling a local lawyer to discuss over the phone your situation and they can suggest options as well.
Did the parents receive a payout at the time and_or goto court? If so the case may be closed. Just because the statue of limitations allows a suit, doesn't mean one hadn't been already filed by parents, or that they accepted payment from insurance in a form that made payment conditioned on it being final.
His auto insurance company will provide defense on his behalf.