Insurance companies want you to either:

(1) do nothing regarding your accident, or

(2) handle the claim yourself.

In such cases, the insurance company wins big because it is not required to pay you full value for your loss. A quick lesson in insurance economics. When you purchase insurance you pay a premium. The insurance company uses underwriting data to determine the premium. The underwriting data factors in the number of accidents, the type of injuries and the value of the injuries and damages that can be expected. The data is reliable because it includes accident statistics from your area and from the entire country. It covers many years and is capable of picking up trends. Most importantly, it assumes that full value will be paid on each and every claim, and that after all the money changes hands, there will still be money left over for the insurance company (i.e net profit). Now, if the insurance company can convince you to accept less than full value on your claim, they realize a windfall. And when they realize this windfall, where do you think the money goes? [On a related note it is interesting to observe that annually many of the largest jury verdicts are awarded against insurance companies for dealing in bad faith with their policyholders.]

Once you are injured you need the assistance of a skilled personal injury attorney. The attorney can navigate you through the confusing maze of medical coverage, PIP reimbursements, general damages and case investigation. If done timely and properly your case is strengthened and your chances of receiving a full recovery are greatly improved. If done poorly or untimely, your chances of receiving a full recovery all but disappear. Timely legal representation sends a strong message to the insurance claims adjuster: "I will not allow you to ignore my rights and I will demand that you fully compensate me for my injuries and damages."

LAND USE 101
One of the most complex and least understood areas of Oregon law is land use. The land use system in Oregon is unlike any other land use system in the United States. It was created by a group of citizens and political leaders who wanted to place significant limitations on growth. The thinking was that something had to be done to ensure that Oregon did not become a “mini-California.” While the goal seemed lofty and true, the application of the laws and rules often had the result of unreasonably infringing upon private property rights.

Politicians are still tinkering with the land use system. As a general observation, leaders from one party answer to interest groups that want to stop nearly all growth, while leaders of the other party answer to interest groups and individual property owners who want to open up the system and permit unrestricted growth. The best system is most likely somewhere in the middle. In such a system, each application would be weighed on its own merit and decisions of the public body would have to account for private property rights as well as public safety.

The framework of land use is somewhat simple. Within the state, each county and city operates under a Comprehensive Plan. These Plans establish generalized aspirational goals as determined by that jurisdiction. Next are the zoning districts. Zoning districts attempt to cluster like and complimentary uses within a specified area (i.e. industrial uses in the industrial zone, residential uses in the residential zone). Within each zoning district there exists a list of allowed uses. Generally speaking, if what you want to do with your property is listed as an allowed use within your particular zone, you can proceed without further process. If what you want to do is not listed as an allowed use, you may be able to obtain approval nevertheless if the use can qualify as a conditional use. These are uses that require you to first meet certain conditions before you will be granted a permit to do what you want to do. If you are required to apply for a conditional use, be prepared for a fight. Most land use applications that are contested involve conditional uses. This is because the decision to approve or not approve a conditional use involves a considerable amount of discretion on the part of the local jurisdiction. If your neighbor or a local watchdog organization wants to cause you grief, they need look no further than your conditional use application. The conditional use process provides ample opportunity for challenge, delay and increased costs.

So what do you do if the applicable zoning does not allow you to do what you want to do (either as a permitted use or a conditional use)? Give up or seek an amendment to the Comprehensive Plan and the Zoning Ordinance. This process is time consuming and expensive. Again, expect opponents to challenge your every move and force delay and increased costs.

Should you prevail at the local level you are still not out of the woods. Your opponents may file an appeal of your local approval with the Land Use Board of Appeals (LUBA). LUBA is comprised of three Referees who are appointed by the Governor and review the decisions of local jurisdictions. The LUBA Referees are experienced land use attorneys. They have the power to approve, reverse or remand the local decision. Decisions of LUBA may be appealed to the Oregon Court of Appeals.

One absolute with regard to land use is that you should retain a land use attorney to assist you through the process. Significant rights can be lost if you move forward without first having determined all of your options. Understand that while most local planning staffs try very hard to process your application in a timely manner, they do not represent you and they cannot give you legal advice.

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