Winning Your Small Oregon Accident Case: ORS 20.080

If you have a case worth $10,000 or less, this info will be worth your while

If you have a smaller injury, worth $10,000 or less, then ORS 20.080 is for you. Here’s how it works.

  1. You write a letter asking for $10,000, and giving them a 30-day deadline. (Be aware, however, that you must comply with all the statutory requirements, like providing ALL your medical records)ORS 20.080 personal injury claim guide
  2. Within 30 days of their receipt of your letter, the other side has to make an offer.
  3. Then one of three things happens:
    • They agree to pay you $10,000. You take it, and you’re done.
    • They offer you a lower amount. For example, $1,000.
    • They don’t respond in time. This counts as an offer of $0.00.
  4. If they offer you a lower amount, like $1,000, you can take the money if you like, and be done with it. OR
  5. If they offer you a lower amount, like $1,000, you can refuse the money, get an attorney, and take them to arbitration. (Note: Arbitration is like a trial, except it’s much less formal. It happens in an office instead of the courthouse.)
  6. If you beat their original offer (i.e. you get a higher offer at arbitration), they have to pay all your attorney fees.

Now, why would you care if they have to pay your attorney fees?

  1. First, that means you don’t have to pay those fees, so you get to keep every penny of the money that is awarded to you.
  2. Second, the threat of having to pay attorney fees often makes the insurance company pay what you asked quickly, before you have to even hire a lawyer.
  3. And third, it allows you to have a lawyer for free.

If you have a smaller case, you should download our free White Paper that shows you how to write the ORS 20.080 letter. Call if you have any questions. And if they don’t answer within 30 days from when they receive your letter, give us or another lawyer a call!