Standing With Clients.
Fighting for Justice for
Over 25 Years.
Fighting for Justice for
Over 25 Years.
Auto Accidents
Portland Car Accident Lawyer — Oregon & Washington Auto Accident Attorney
Your life changed in an instant — and then the insurance company made it harder. They have adjusters, attorneys, and a claims process designed to pay you as little as possible. You deserve a Portland car accident lawyer with the same depth of experience and preparation working for you. Matthew D. Kaplan has spent nearly three decades navigating Oregon and Washington’s insurance and liability framework on behalf of seriously injured drivers, passengers, pedestrians, and cyclists — always on the side of the person who was hurt, never on the side of the insurer.
If you were injured in a car accident in Portland, a highway crash in rural Oregon, or a collision anywhere in Southwest Washington, the steps you take in the days and weeks immediately after the crash matter enormously. The at-fault driver’s insurer is already working to limit your claim. Kaplan Law works to make sure your rights are fully protected from the moment you make contact — and that every available source of recovery is identified and pursued.
OREGON VS. WASHINGTON — KEY COVERAGE DIFFERENCES
Insurance Coverage After a Car Accident: Oregon vs. Washington
One of the most important things a Portland auto accident attorney can do for you immediately after a crash is clarify exactly what coverage applies to your situation — because Oregon and Washington treat auto insurance very differently, and those differences have significant consequences for injured people.
| Oregon — Personal Injury Protection (PIP) Required Oregon requires PIP coverage on every auto policy. Minimum: $15,000 in medical coverage over 2 years, plus 70% of lost wages up to $3,000/month for up to 52 weeks if you miss more than 2 consecutive weeks of work. PIP is no-fault — it pays your medical bills and lost wages regardless of who caused the crash, while your liability claim against the at-fault driver proceeds separately. Oregon’s “comprehensive model” means any policy term less favorable than state law is unenforceable. |
| Washington — PIP Optional (and Frequently Waived) Washington allows drivers to reject PIP coverage in writing — and many do, because it lowers the premium. Minimum if carried: $10,000 medical, $200/week income replacement. If you or the at-fault driver waived PIP, there may be no immediate medical coverage available while your liability claim is pending. This gap can force injured people into debt or delayed treatment. Understanding what coverage exists — and what doesn’t — is the first task in any Washington auto accident case. |
COMMON CRASH TYPES
How Serious Car Accident Cases Arise in Oregon and Washington
Every serious auto accident case has a specific factual pattern — and that pattern determines the liability theory, the defendants, and the evidence that needs to be preserved. The most common crash types Kaplan Law handles include:
| HEAD-ON | Center-line crossings on rural two-lane highways Among the deadliest crash types. Often caused by distraction, impairment, fatigue, or medical emergencies. These are often at high speed and common on rural Oregon Corridors including Clackamas County’s Highway 213, Yamhill County’s Highway 99W, where there is no physical barrier between opposing lanes of traffic. |
| INTERSECTION | Failure to yield, red light running, stop sign violations A leading cause of serious urban injuries. Oregon’s negligence per se doctrine means a driver who violates a traffic law and causes a crash is presumptively negligent — the violation itself establishes the basis for liability without requiring additional proof of fault. |
| REAR-END | Distracted or following-too-closely drivers Almost always caused by the following driver’s inattention. The types of injuries can vary between minor whiplash sprain strain injuries to traumatic brain injuries, cervical spine injuries, and disc damage that persists for years. |
| T-BONE | Side-impact at intersections The door panel provides far less protection than the front or rear of a vehicle. Side-impact crashes at intersection speed frequently cause severe rib, pelvis, hip, and head injuries to the occupant on the struck side. |
| ROLLOVER | SUVs and trucks at highway speed Rollovers involve multiple points of impact and frequently cause ejection injuries, roof crush, resulting in catastrophic spinal cord and brain injuries. Product liability against the vehicle manufacturer may be available when roof design or seatbelt failure contributed to the injury. |
PASSENGER RIGHTS
| Were You a Passenger? Your Rights Are Especially Strong. Passengers are almost never at fault in a car accident — and Oregon and Washington law gives you the right to pursue every available insurance source simultaneously. That means the at-fault driver’s liability coverage, your own driver’s liability coverage if they contributed to the crash, your own PIP coverage regardless of fault, and your own UM/UIM coverage if either driver was uninsured or underinsured. Most injured passengers are unaware that all four of these avenues may be open at once. Identifying and pursuing all of them is exactly what Kaplan Law does. |
UNINSURED & UNDERINSURED DRIVERS
| What Happens When the At-Fault Driver Has No Insurance — or Not Enough? Oregon’s uninsured motorist rate is approximately 14.7%. Washington’s is 19.1% — nearly one in five drivers. Even insured drivers frequently carry only the state minimum of $25,000 per person — a figure that can be exhausted by a single emergency room visit after a serious crash. Oregon’s anti-stacking prohibition means your own UM/UIM coverage can be pursued on top of the at-fault driver’s policy, potentially providing significantly greater combined recovery. Matthew Kaplan has decades of experience forcing Oregon and Washington insurers to pay what they owe under UM/UIM policies — including cases where the insurer disputed coverage entirely. |
OTCA DEADLINES — GOVERNMENT VEHICLES
| 180 days Notice deadline for personal injury claims against government vehicles — ODOT, TriMet, county vehicles, city vehicles | 1 year Notice deadline for wrongful death claims against any government entity in Oregon |
If your crash involved a government vehicle — an ODOT maintenance truck, a TriMet bus, a county sheriff’s vehicle, a city public works vehicle — the Oregon Tort Claims Act requires formal written notice before any lawsuit can be filed. Missing this deadline permanently bars the claim regardless of how strong the underlying case is. Contact Kaplan Law immediately if a government vehicle was involved.
YOUR NEXT STEP
You Were Seriously Hurt. You Deserve a Full Recovery.
You have already survived the hardest part — what happened to you. Taking this step is how you begin to reclaim your story. Call (503) 226-3844 or reach out online to speak directly with Matthew. There is no fee unless and until he wins your case.