What Happens If I File A Claim For A Road Hazard?
• The incident is normally viewed as a road hazard and not the result of any negligent act on the part of the State of Oregon. While we are investigating this claim, you have a responsibility to mitigate your damages. If you carry physical damage coverage on your vehicle, you may want to report this to your insurance company. If we determine that the State has any liability in connection to your claim, only reasonable costs are considered for reimbursement.
How Will My Claim Be Handled?
• Our claims staff will do an investigation to determine who is responsible for the loss. They will contact the agency for their report on the incident. Information will be gathered to determine responsibility for the loss and the nature of the damages.
How Is Fault Determined?
• It can be difficult to determine fault. Our staff will gather facts and review the statutes that may apply. The investigation may include obtaining recorded statements, scene investigations, police reports and other reports pertaining to the incident. You should supply evidence you would like considered in the investigation, such as photos, diagrams, witness information, police reports, etc. This can take time. It can be difficult to determine fault or there may be a difference in opinion regarding fault. You may wish to proceed through your own insurer to expedite the process.
• If the State is determined to be at fault for damage to your personal property we will require two estimates of repair. If the property is a total loss we will require two estimates of replacement. We may assign an Independent Adjuster to inspect the property and assist in determining the damage. Helpful information you can supply: original receipts of purchase, photos, make and model numbers, etc..
• NOTE: Any payments made to you for vehicle repairs, rental car expenses, towing and storage fees, or for personal property damaged in the accident are not intended to toll any Statute of Limitations, including but not limited to the two year state of limitations on bodily injury claims.
Where Should I Get My Vehicle/Property Repaired?
• You are free to have your vehicle repaired at the shop of your choice. We base payment on the lower of the estimates supplied. We do review estimates to see that they include all the damages and we will work with the shop/contractor on questions or supplements.
• In some circumstances we may hire and independent adjuster to inspect and assess the damages to your vehicle.
What If I Need A Rental Car?
• If the State is determined to be responsible for your damages, contact your adjuster immediately for directions on this process.
• We will work with you and a rental company to supply a rental vehicle while your vehicle is in the shop. If your vehicle is a total loss you are encouraged to go through your own carrier to expedite the process. If you don’t have coverage or prefer to work with our staff contact the claims representative to determine the length of time and arrangements necessary.
• Rental cars provided are basic standard cars. We pay only the daily rate. Any other charges like gas, insurance, mileage and drop off charges will be your responsibility.
What If I Am Injured?
• Complete the bodily injury portion of the claim form.
• We will need detailed information on your injury. We will send you a medical authorization for you to sign and return, including the names and addresses of your treatment providers. We will need copies of medical bills and records.
• If you are injured we are required by federal law to provide your name, date of birth and social security number to Medicare for review.
Who Pays My Medical Bills?
Motor vehicle accident:
• If you have medical bills as a result of a motor vehicle accident you should submit your claim to the insurer of the vehicle you were occupying at the time of the accident. Typically your injury is covered under the personal injury protection portion of your automobile policy. They will assist with your medical expenses. If the State is determined to be responsible for the accident we will work with you and your insurer for settlement of your claim.
Non motor vehicle accident:
• The State does not carry Premises Medical Coverage for State property. Medical bills for injuries such as slip and fall injuries should be submitted to your health and accident insurer.
When you are ready to settle your injury claim please contact us. We will review all documents to be sure we have the necessary information to provide you a settlement offer.