Auto Insurance Claims: hit by insured motorist, noneconomic damages, mental anguish

Question
If you are an uninsured motorist in the state of Oregon and happen to get rearended by an insured motorist (full coverage). What procedures or steps should the uninsured motorist take? Will the insured motorist's, uninsured motorist take care of the uninsured motorist expenses. (medical, etc.)

Answer
Alexander,

  In Oregan, you can recover your economic damages only if you were uninsured.  The statute that regulates is listed below:

31.715       Limitation on recovery of noneconomic damages arising out of operation of motor vehicle; uninsured plaintiff; plaintiff driving under influence of intoxicants

   Simply stated, this just means you can't get pain and suffering or mental anguish or any other type of non-economic damage.  You are simply limited to your actual monetary losses.  Property damages, lost wages, medical expenses all would be recoverable.  Just document your losses and present them to the insured motorist's carrier.

I hope this helps.