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Law Practice Area: Oregon Car Accident Attorney
Auto Accident: A Change of Plan
What should you do after an Oregon car accident?
Time stops. You realize you've just been in a car accident. You experience an eerie stillness before the chaos of a shattered world comes crashing in, changing the course of your day, and perhaps your life. Now is not the time for panic or shock, but for a steady preplanned course of action to ensure your safety and to prepare for the next steps in this ordeal, especially if you think you may have been injured even before talking to your insurance company.
Take some immediate steps first, in order to ensure your safety, and to ensure your Oregon personal injury claim will be settled fairly for you, and second, contact a qualified Oregon personal injury attorney.
At The Accident
The first responsibility is to aid the injured. Check to see if anyone needs urgent medical attention, and if necessary, call for emergency help. When you call for emergency help you can request a police officer (a police report of the crash scene your best record) and they will also be able to route emergency medical responders and ambulance as necessary.
Try to avoid moving cars or changing the accident scene - make do until the police get there. Light flares and alert oncoming traffic in order to protect the accident victims and prevent any further accidents.
Even though a police officer may write a report, you also need to make sure to get the name and address of the driver(s) of the other vehicle(s). Who owns each vehicle? Get the name and address of each vehicle's owner, as well as the license plate number of all vehicles. Try to get a description of each vehicle: the make, model, year, and color. Exchange the names of the automobile insurance company for each car.
Also find out if there were passengers and get their names, addresses, and phone numbers. If there were any witnesses that you noticed, get their information.
You should get a police report even if you are not injured in the accident, especially if the property damages exceed $1500 which for most modern cars, motorcycle and even bicycles, is most likely the case for any accident. The police officer will write a report which includes the details of the accident and the nature and extent of any damages and injuries.
An official crash report may not get all the factual information. At the accident scene, even if you are incapacitated, you need to take action by getting notes together about the accident. If you are injured and not able to do this yourself, enlist the help of a Good Samaritan or witness to do these things for you and ask them to give you the information they gather before you leave the scene. Make sure you exchange names with anyone who offers to help you, including the names and badge numbers of police officers and emergency responders to the accident scene.
Draw a sketch of the accident scene as soon as possible. Note direction vehicles were traveling, where impact occurred, street names, railroad tracks or other landmarks, and write down your memories of how the accident happened as soon as possible. Make note of details like rain, visibility, time of day, traffic congestion, etc.
Get pictures, (or get a witness to take pictures of) the accident scene, car damages, the scene of the accident, rubble from the accident, skid marks on the street, even if you do this the next day.
Gather specific evidence: how long are the tire skids, where was impact, what is the broken glass or rubble from in the street? Document this, the specifics of what happened may not be completely clear, just try to take good notes of what you see.
If vehicles involved in the accident appear damaged, a tow truck may just appear on the scene in order to clear the roadway. If you think your car is inoperable, they will tow your car. Make sure you get the name of the tow truck company, the driver and license plate of tow truck before moving your damaged auto. Ask where your car is going, or your car may be towed to an impound lot. Not all insurance plans pay for the impound fees after an accident and the tow itself may cost you. Further, the insurance assessment of your vehicle damages may be delayed and the impound lot holding fees can really add up. Instead of an impound lot, you may want to have the car towed to a location of your choice such as a repair garage or your own house.
You must also file an Oregon Accident and Insurance Report form with DMV within 72 hours when:
1. Damage to the vehicle you were driving is over $1,500, or
2. Damage to any vehicle is over $1,500 and any vehicle is towed from the scene as a result of damages from this accident, or
3. Injury or death resulted from this accident, or
4. Damages to any one person's property other than a vehicle involved in this accident is over $1,500.
This Oregon DMV web page further explains the accident insurance report
This is the PDF of Oregon Accident and Insurance Report for accidents occurring after January 1, 2004
You can also pick up the Oregon Accident and Insurance Report form at a Police station or DMV office.
On the Oregon DMV site, they provide more help and information so that you can order the Police Crash Report and the Oregon Accident and Insurance Report
After an Oregon Car Accident — Insurance: Yours and Theirs
You may want to consult an Oregon personal injury lawyer before making any statements about the accident, verbally or in writing, to the negligent driver's insurance company adjusters or insurance representatives, and even your own insurance company. This is especially important if you are injured.
You will eventually be contacted by insurance companies. Make sure you ask for names of insurance company representatives that may want to talk to you, and identify what insurance agency they are with. They can use your statements against you, so, make sure that you can have a better idea of the events and ramifications of your auto accident rather than say something too soon that you might regret.
It is vitally important to contact your own motor vehicle insurance company in a timely manner to report to them any property damage or personal injury. Even if your accident is very minor, you still need to report the accident to your insurance company. If you don't report an accident to your insurance company in a timely manner, your insurance company may try to deny coverage for the accident.
If you are injured in the auto accident, I highly recommend that you speak to an Oregon personal injury lawyer before even speaking to your own insurance company. If you retain an attorney, the attorney can help handle the large amounts of paperwork that result in an accident, and you can focus on getting better.
If you need to file an insurance claim, when you report the accident yourself, ask the insurance representative how to file your insurance claim with your company. Specifically ask them what forms are needed, and if they require any other documents to support your claim.
Ask your insurance company representative if your policy has any time limit for filing a claim, or if there are any time limits about submitting your bills related to the claim. Ask specifically if there is a time limit for submitting any additional documenting information that your insurer may request. Ask when reporting your accident to your insurance company when they will be contacting you again about the claim. Ask your insurance agent if you need to get the repair estimates for your property damage to your car, or if they have a procedure for this. If you have the optional insurance coverage in your policy, you may also be entitled to have a rental car while your car is being repaired, or in the process of being determined a total loss. You may have to file a diminished value claim.
If there are any claims being made against you, make sure you refer them to your insurance company. Forward all correspondence or official documents you may receive to your insurance representative. If you don't have enough insurance coverage to cover the liability claims against you, consult a qualified Oregon personal injury attorney immediately.
If you have to miss work because of your injuries, your personal injury protection insurance provides wage loss for up to 52 weeks after your accident. I work with your doctors and your insurance company to make sure you are promptly paid the maximum amount of your wage loss benefits.
Personal injury is generally measured by your medical expenses and lost wages caused by the accident, the extent of the permanency of your injuries, and an amount for pain and suffering under special circumstances, and other types of damages may be recoverable.
Any insurance claim for car repairs are covered by your own insurance policy if you have collision or comprehensive coverage. If another motorist is the at fault driver in an accident, you may pursue monetary recovery for the property damage to your car whether or not you have a bodily injury dispute.
Keeping Records
Save all of the evidence and notes about the accident in one location, as well as any records of hospital/doctor visits and their notes and conclusions, because you may need to prove your injury, and to support your story of how the accident occurred.
Make sure you start a log of your post car accident injury healing experience.
Keep copies all your medical bills related to your accident.
Make sure you get some type of receipt from all hospitals or medical clinics which you visit.
Keep record of information like: the day of the week, the date, the time, the traveling distance, parking fees, if you have to eat meals or sleep in a hotel in order to make the trip to a doctor, hospital or therapist.
Keep a log of your healing process. If you are in a lot of chronic pain, or perhaps it’s painful physical therapy, keep a log of this daily pain you experience resulting from your injuries. It may seem like an experience you will never forget while it is happening, but perhaps just because of that, you may forget important details about how your injuries greatly changed your life probably because they are painful to remember and re-experience.
Car Damages
If your vehicle is damaged in the accident, you may need to get an official appraisal by an auto appraiser. I recommend Bill Blake at Blake Car Company (503) 691-1698. You can also inform yourself with a "Blue Book" value to compare from two different sources, National Association of Automobile Dealers and / or Kelley Blue Book.
Ask your mechanic for a list of car parts that may have diminished life expectancies, due to the accident, and estimate their value.
Make sure you get photographs of car or bicycle damage before having it repaired, or photos of your totaled car or bike before you no longer have access to it.
Damages to Property
Photograph and make an inventory list of any damaged property - things that might have been ruined in your trunk for example.
Communication Records
Keep excellent records of everyone you speak to: keep a log of the date and make sure you get the name of a person you talk to and who they are with, and record the purpose of the contact. Save all written correspondences and make copies of anything you send.
Ordering your Police Traffic Crash Accident Reports
Make sure you read the requirements on the web page carefully to properly request and receive your Oregon Police Traffic Crash Accident Report. You will need to include a fee as a personal check or money order (visit their website to find the fee that applies to you) and have enough proof and information about who you are and details about the accident in question. For more information, call Accident Reporting and Insurance Verification Unit at (503) 945-5098 or contact:
Oregon DMV
Attn: Record Services
1905 Lana Ave. NE
Salem, Oregon 97314
Oregon Insurance Division Consumer Advocacy Complaints
If you have problems with the insurance companies after your Oregon auto accident, you can file an official complaint with the Oregon Insurance Division Consumer Advocacy Complaint division using this complaint form (PDF)
For more information:
Oregon Consumer Complaints
503-947-7984 or toll free 888-877-4894
Consumer Advocacy Unit
Oregon Insurance Division
350 Winter Street NE, Room 440
P.O. Box 14480
Salem, Oregon 97309-0405
They also free help with insurance questions.