You had a car or truck accident in Oregon, which caused you to see the doctor awhile, but you are better now. You think you claim is worth about $6,000, but the insurance company only wants to pay you $1,000. Is it worth filing a lawsuit over the difference? Or will attorney fees and costs eat up the difference (as the insurance adjuster told you)?

The answer is you can to demand the full and fair value of your claim thanks to Oregon Revised Statute 20.080.

ORS 20.080 provides for attorney fees ON TOP OF your loss for certain claims. So, instead of the attorney taking a percentage of your claim, the insurance company pays your attorney fees.

Here's how it works.

• Your claim must be for $7,500 or less (that increases to $10,000 in 2012).
• You must make a written demand for payment with supporting documentation. This gives them a chance to settle.
• If the company does not pay you within 30 days, then you can file suit and win attorney fees if you beat the insurance company offer.

A careful attorney can stretch what that $7,500 covers and does not cover. For example, it is sometimes possible to exclude car or truck damage and medical bills from that amount.

Conclusion: when the insurance company is playing "hardball" over your small claim, you CAN afford a lawyer to help you. So, feel free to call me at 503-665-4234.