Car Accident Guide for Oregon Drivers

Disclaimer: This guide provides general information about Oregon car accidents, is not legal advice, and does not create an attorney-client relationship. Laws change, and you should consult a licensed Oregon attorney about your specific circumstances before taking action.

Immediate Steps After a Car Accident

The moments following a car accident can be chaotic and stressful. Taking the right steps immediately after a collision can protect your health, strengthen your legal position, and simplify the claims process. Here's what you should do:

1. Ensure Safety First: Check yourself and passengers for injuries. If it's safe to do so, move vehicles out of traffic to a safe location. Turn on hazard lights and set up warning triangles if available.
2. Call 911: Contact emergency services if anyone is injured, vehicles are blocking traffic, or the scene presents an immediate hazard. For non-emergency situations, request assistance through the local non- emergency line if a police report is needed. Oregon law separately requires you to file an Oregon Traffic Accident and Insurance Report with the DMV within 72 hours when there is injury, death, a hit-and-run, or property damage of $2,500 or more.
3. Exchange Information: Collect names, contact information, license plate numbers, driver's license numbers, and insurance details from all drivers involved.
4. Document the Scene: Take photos of vehicle damage, accident location, road conditions, traffic signs, and visible injuries. Note the date, time, weather conditions, and any relevant details.
5. Gather Witness Information: If there are witnesses, collect their names and contact information for future reference.
6. Seek Medical Attention: Get examined by a medical professional even if you feel fine. Some injuries may not be immediately apparent, and documentation of your medical examination will be important for your claim.
7. Notify Your Insurance Company: Report the accident to your insurance company promptly, but stick to the basic facts.
8. Contact an Attorney: Before giving statements to any insurance adjuster, consult with a personal injury attorney to protect your rights.

Understanding Oregon Car Accident Laws

Oregon's laws regarding car accidents and personal injury claims have several important aspects that accident victims should understand:

Fault System

Oregon follows a "modified comparative negligence" rule, which means:

• You can recover damages even if you were partially at fault, as long as your fault doesn't exceed 50%.
• Your compensation will be reduced by your percentage of fault. For example, if you're 20% at fault for an accident and have $100,000 in damages, you can recover up to $80,000.
• If you're more than 50% at fault, you cannot recover damages from other parties.

Mandatory Insurance Requirements

Oregon requires all drivers to carry minimum insurance coverage of:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $20,000 per accident for property damage
• $15,000 per person for Personal Injury Protection (PIP)
• $25,000 per person for Uninsured Motorist coverage
• $50,000 per accident for Uninsured Motorist coverage

Statute of Limitations

In Oregon, you generally have:

• Two years from the date of the accident to file a personal injury lawsuit
• Six years from the date of the accident to file a property damage lawsuit
• Different deadlines may apply for claims against government entities

Working with Insurance Companies

Dealing with insurance companies after an accident can be challenging. Here are some guidelines to protect your interests:

Reporting the Accident

Report the accident to your insurance company promptly, as required by your policy. Provide basic facts about the accident but avoid:

• Admitting fault or making statements that could be interpreted as accepting responsibility
• Speculating about details you're not certain about
• Discussing your injuries in detail before you've been fully evaluated
• Accepting a recorded statement without consulting an attorney

Dealing with the Other Party's Insurance

Be cautious when communicating with the other driver's insurance company:

• You are not obligated to speak with the other driver's insurance adjuster
• If you do speak with them, provide only basic factual information about the accident
• Do not discuss your injuries or agree to give a recorded statement
• Do not accept an initial settlement offer without consulting an attorney
• Remember that adjusters work for the insurance company, not for you

Understanding Personal Injury Protection (PIP)

In Oregon, your Personal Injury Protection (PIP) coverage will:

• Cover reasonable and necessary medical expenses incurred within two years of the crash, up to your policy limits
• Pay for 70% of your lost wages (up to $3,000 per month) for up to 52 weeks if you're unable to work
• Cover essential services you cannot perform due to your injuries
• Require prompt notice and cooperation with your insurer, so review your policy for additional conditions