A car crash is jarring, even a minor one. In the minutes and days afterward, it is easy to forget something important, and some of those things are required by Oregon law. Others can make the difference between a fair insurance settlement and a frustrating fight.
I have represented people hurt in Portland-area crashes since 1992. This is the checklist I wish every client had in their glove box.
1. Check for injuries and call 911 if anyone is hurt
Your first job is safety. Check yourself, your passengers and the people in the other vehicle. If anyone is injured, call 911 right away. Oregon law requires drivers involved in a crash to stop and give reasonable help to anyone who is hurt.
If the cars can be moved and no one is seriously injured, pull out of traffic, turn on your hazard lights and set out flares or triangles if you have them.
2. Call the police
For a crash with injuries, 911 will send help. If no one is hurt but you need an officer, for example because the other driver is uncooperative, may be impaired or left the scene, call the Portland Police non-emergency line at 503-823-3333. A police report is not always written for minor crashes, so ask the officer for a report or incident number before you leave.
3. Exchange information
Oregon law requires drivers to exchange information after a crash. Get the other driver’s:
- Name, address and phone number
- Driver’s license number
- Insurance company and policy number
- License plate number and vehicle make, model and color
- Names and phone numbers of any passengers and witnesses
4. Document the scene
Your phone is the best evidence-gathering tool you have. Before the cars are moved, if it is safe:
- Photograph all vehicles from several angles, including license plates and damage
- Photograph skid marks, debris, traffic signals, signs and road conditions
- Photograph any visible injuries, then again over the following days
- Write down the time, location, weather and what you remember while it is fresh
5. Be careful what you say
It is natural to say “I’m sorry,” but at the scene an apology can be treated as an admission that the crash was your fault. Stick to the facts with the police, and do not argue about fault with the other driver. Do not sign anything from the other driver or their insurance company.
6. Get medical care, even if you feel “fine”
Adrenaline masks pain. Neck and back injuries, concussions and soft-tissue injuries often do not show up until a day or two later. See a doctor, an urgent care clinic or your own provider promptly, and tell them you were in a car crash. A gap between the crash and your first medical visit is one of the first things an insurance adjuster will point to when arguing that you were not really hurt.
7. Report the crash to your own insurance company and ask about PIP
Every Oregon auto policy includes Personal Injury Protection (PIP). PIP pays your reasonable and necessary medical bills, at least $15,000 for treatment within two years of the crash, plus a portion of lost wages, no matter who caused the crash. PIP comes from your own policy, not the other driver’s, so open a PIP claim with your insurer right away. For how PIP and your claim handle missed work, see How To Calculate Lost Wages.
If the other driver has no insurance, or not enough, your own uninsured/underinsured motorist (UM/UIM) coverage may also apply. Tell your insurer promptly; most policies require it.
8. File a DMV report within 72 hours
This step surprises many people. You must file an Oregon Traffic Collision and Insurance Report with the DMV within 72 hours if anyone was injured or killed, or if the damage to any vehicle or other property is more than $2,500, a threshold most crashes meet. You must file even if a police officer wrote a report. If you do not, the DMV can suspend your license.
Keep a copy. Oregon law does not allow the DMV to give you a copy of your own report later.
9. Be cautious with the other driver’s insurance company
The other driver’s insurer may call you within days, sound friendly and ask for a recorded statement. You are not required to give one. Their job is to pay as little as possible, and an early statement, given while you are still sore and before you know the full extent of your injuries, can be used against you. A quick settlement offer may also come before you know what your claim is worth. Once you sign a release, you generally cannot reopen the claim. See Will I Get a Quick Settlement?
10. Keep records of everything
Start a folder, paper or digital, and keep:
- Medical bills, records and receipts, including prescriptions and mileage to appointments
- Pay stubs and a note from your employer showing time missed
- Repair estimates, rental car and towing receipts
- All letters and emails from any insurance company
- A simple journal of your pain, sleep and the activities you cannot do
11. Know the deadlines
In most Oregon injury cases, you have two years from the date of the crash to file a lawsuit. If you miss it, you will likely lose the claim forever. Children’s claims follow different rules; see Time Limits for Oregon Child Injury Claims and Oregon Personal Injury Statute of Limitations.
Some deadlines are much shorter. If a government vehicle or employee was involved, such as a TriMet bus, a city truck or a police car, you generally must give written notice of your claim within 180 days. Waiting to “see how you feel” can cost you your rights.
Oregon also uses comparative fault: you can recover damages as long as you were not more at fault than the other driver, but your recovery is reduced by your share of the fault. That is one more reason not to discuss fault at the scene.
12. Talk to a personal injury lawyer
You do not need a lawyer for every fender-bender. But if you were hurt, if fault is disputed, or if an insurance company is pressuring you, a short conversation with an experienced personal injury lawyer can help you avoid mistakes that are hard to undo. See also Can I Handle My Personal Injury Case Myself?
Quick checklist
- Check for injuries; call 911 if anyone is hurt
- Call police (Portland non-emergency: 503-823-3333)
- Exchange driver, insurance and vehicle information
- Photograph the scene, vehicles and injuries; get witness contacts
- Don’t apologize, argue about fault or sign anything
- See a doctor promptly
- Report to your insurer and open a PIP claim
- File the DMV report within 72 hours
- Don’t give the other insurer a recorded statement before getting advice
- Keep every bill, record and letter
- Remember: 2 years to sue; 180 days’ notice for government claims
If you were injured in a car, bicycle or motorcycle crash in the Portland area, call me at (503) 222-7178 or send a message through my contact page for a free case review.
This article provides general information about Oregon law and is not legal advice. Every case is different. Reading this article or contacting me does not create an attorney-client relationship.