See what to do after an Oregon car accident to protect your interests and build a strong personal injury claim.
On average, at least nine people are injured or killed each day on Oregon roadways.¹
You’re entitled to pursue compensation if you or a family member are injured in a vehicle accident caused by someone else. Here we walk you through what to do at the scene of a crash, what you should know about Oregon liability laws, and how to start building a successful injury claim.
What to Do After an Oregon Car Accident
Knowing what to do after a crash will keep you safe and prevent costly mistakes. Here are five steps to take after an Oregon car accident.
1. Stay At the Scene and Exchange Information
Oregon drivers who are in an accident involving injuries or death are required to stop as close to the scene as safely possible and check to see what happened. Try to avoid obstructing traffic.
Provide the other driver with your name and address, the vehicle owner’s name and address, and your passengers’ names and addresses, along with your vehicle registration. You also must display your driver’s permit upon request.
2. Call 911 and Help the Injured
Drivers are required to help the injured and make arrangements for medical care for anyone hurt or asking for help. Calling 911 to request an ambulance will satisfy the obligation to “arrange for transport” to a medical facility.
Help the injured to the extent you are able. Remain at the scene until police arrive.
3. Seek Prompt Medical Treatment
Never refuse or delay medical care after a motor vehicle accident. Not all serious injuries are immediately obvious. Brain trauma and internal injuries may develop symptoms over hours or even days.
The shock or adrenaline rush from a sudden impact can hide many signs of injuries, including bone fractures, so let the paramedics look you over at the accident scene. If they want to transport you to the hospital, let them take you.
If you aren’t taken to a hospital directly from the accident scene, you still need to be evaluated. Make arrangements to be seen at the local urgent care center or by your primary care provider. Try to be evaluated on the same day as the accident.
Not only is prompt medical care important for your health, but it’s also necessary for a strong accident claim. If you refuse or delay treatment, the at-fault driver’s insurance company will argue that your injuries weren’t caused by the accident.
4. Gather Evidence From the Scene
Oregon is a traditional fault state, so you can seek compensation from the at-fault driver. Usually, that means filing a claim with the other driver’s insurance company. However, the burden is on you to prove the other driver’s fault.
The police report is valuable evidence of fault, especially if the other driver was ticketed for a traffic violation.
Witness Obligations
Statements from an independent witness, meaning a witness who doesn’t know you or the other driver, can be compelling evidence in an accident case. Oregon laws require anyone who witnesses an accident resulting in injury or death to provide their name and address to the victim.
Other types of helpful evidence include photographs and video taken at the scene, your personal notes about the accident, and what you observed at the scene.
5. Notify Both Insurance Companies
Because Oregon is a fault or “tort” state, you have a right to expect the at-fault driver’s auto insurance to cover your damages.
Notify the at-fault party’s insurance company of your intent to file an injury claim as soon as possible. You don’t have to wait until you’ve fully recovered from your injuries. You should get a response from the company with the name of an adjuster and your claim number.
It’s usually not in your best interest to consider an insurance settlement until after you’ve fully recovered from the accident. If the adjuster reaches out to offer a quick payoff, tell them you are under a doctor’s care and not ready to discuss settlement.
Notifying Your Own Insurer
Oregon is a “fault” state but you still have to notify your own insurance company when you’re involved in an accident, even when it’s not your fault.
Auto policies are legally binding contracts. Your policy likely has “notification and cooperation” language that requires you to tell the company when you’ve been in an accident and cooperate with the company’s investigation.
The insurance company also has responsibilities, like a duty to defend you if you are sued by someone injured in the accident.
Oregon Fault and Liability Rules
Oregon is an “at-fault” liability state, so you can seek compensation for accident damages from the at-fault driver and their insurance company.
You can use your own insurance if you have applicable coverage, but you are not required to file a claim on your own policy after a car accident. For example, some people prefer to use their own collision coverage for vehicle repairs. Then their insurance company seeks reimbursement from the at-fault driver’s insurance company.
Oregon Shared Fault Rules
Oregon follows a modified comparative fault rule. You can pursue a claim against the at-fault party so long as you are not more at fault than them. If you share some blame but are still eligible to make a claim, your potential compensation will be reduced according to your share of fault.
Example of Comparative Negligence in Oregon
Willow was driving her old van down Willamette Street in Eugene. Nathan was also traveling on Willamette Street, heading toward the Civic Center.
Willow was startled by a squirrel running across the road. She slammed on her brakes to avoid hitting the animal. There was a loud bang, and Willow was thrown forward. She had been rear-ended.
Nathan had been following Willow in his SUV, while talking on his phone with friends he intended to meet up with. When he realized the vehicle in front of him had stopped, he was unable to avoid colliding with the back of the van.
Willow suffered a whiplash injury, facial lacerations, and a broken nose from hitting the steering wheel with her face. She filed a claim with Nathan’s insurance company, demanding $10,000.
Willow admitted to the adjuster that her brake lights weren’t working and she wasn’t wearing a seatbelt when the accident occurred. The adjuster argued that Willow was at least 40 percent to blame for her injuries. Not only might the accident have been avoided if her brake lights were working, but her injuries would not have been so bad if she had worn a safety belt.
To avoid the cost and time of a lawsuit, Willow settled her injury claim for $6,000, accepting her 40 percent share of fault.
Oregon Car Accident Compensation
Insurance companies in Oregon payout more than $1.8 billion in auto accident claims each year.
You can estimate a fair settlement demand for minor to moderate injuries by adding together your economic costs like medical bills, out-of-pocket expenses, and lost income. Then multiply the total by a number between one and three to account for your non-economic damages, like physical discomfort and emotional distress. The multiple to use to account for non-economic damages (also called general damages) depends on the severity of your injuries.
Severe injury claims should be evaluated by an experienced personal injury lawyer. The evaluation will include cost projections for future medical expenses, loss of earning capacity, and the victim’s intense pain and suffering.
Average Car Accident Settlements in Oregon
The average injury settlement for a moderate car accident claim in Oregon is $36,993, with average payouts ranging from $6,772 to $403,000. Settlements and court awards can range from $5,971 for minor injuries to $1,600,000 for severe injuries.
Injury payouts vary greatly depending on the severity of injuries, shared fault, and the at-fault driver’s coverage limits.
For example, look at these two rear-end accident cases with low and high payouts:
- In Multnomah County, Riel v. Hornsberger, 9501-00700, a jury awarded $1,983 to the victim for soft-tissue neck injuries. The at-fault driver admitted rolling into the back of the victim’s vehicle.
- In Lane County, Teachout v. Marshal, 16CV27223, a jury awarded $400,000 to a passenger who was 16 years old when the accident occurred and left with permanent low back pain.
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Factors that impact car accident compensation include:
- Scope and severity of injuries
- Shared fault for the crash
- Multiple-vehicle collisions
- Multiple injured victims
- Fatalities
- Available insurance coverage
Minimum auto policy limits may not be enough to cover a victim with severe injuries. Even when the at-fault driver has higher limits, there may not be enough bodily injury coverage to go around when more than one person is injured in the accident.
Oregon State Minimum Insurance Requirements
Oregon drivers are required to have proof of auto insurance with minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, and $20,000 for property damage.
Uninsured Motorist Insurance Coverage in Oregon
Insurance companies selling auto policies in Oregon are required to offer uninsured (UM) and underinsured (UIM) motorist coverage equal to the policy liability limits. The policyholder has the right to reduce the UM and UM limits, but not below the minimum limits required for liability coverage.
Oregon requires UM and UIM to cover injuries caused by a hit-and-run, a driver with no insurance, or a driver with limits that won’t cover the cost of your damages.
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