Portland
car accident attorney

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After a car accident in Oregon, your primary legal responsibilities include stopping your vehicle immediately at the scene or as close as possible without obstructing traffic, and reasonably investigating what was struck if property damage occurred. You must exchange information with other involved parties, including names, addresses, vehicle registration numbers, and insurance details. If there are injuries (no matter how minor), death, vehicle damage over $2,500, or property damage over $2,500 to any one person's property, you are required to file an Oregon Traffic Collision and Insurance Report with the DMV within 72 hours. Witnesses to an accident resulting in injury or death must also stop and provide their contact information. Failure to comply can result in penalties, such as for hit-and-run if property is damaged. Additionally, ensure safety by moving vehicles out of traffic if possible, and call emergency services if needed.

You are not legally required to provide a recorded statement or sign a medical release to the at-fault driver's insurance company after an Oregon car accident, and doing so without caution could harm your claim, as statements can be used against you. However, your own insurance policy may require cooperation, including potentially providing a statement to them, as it's part of your agreement to assist in their investigation. Insurance companies often pressure for these to lock in details early or limit payouts, but you can refuse the other party's insurer and consult an attorney first to protect your interests. Refusing won't automatically close your claim, despite what adjusters might imply.

If the at-fault driver in Oregon is underinsured (their liability limits don't cover your full losses), you can file a claim under your own underinsured motorist (UIM) coverage, which is required in all Oregon auto policies unless waived in writing. UIM covers bodily injury or death from an accident, stepping in after the at-fault driver's insurance is exhausted, with minimum limits of $25,000 per person and $50,000 per accident. For property damage, consider your uninsured motorist property damage (UMPD) coverage if available, or collision coverage on your policy. If uninsured entirely, use your uninsured motorist (UM) coverage, which is mandatory and mirrors UIM. You may also pursue a personal injury lawsuit against the driver for excess damages, though collecting could be challenging if they lack assets. Oregon's "pay to play" law may limit non-economic damages if you were uninsured, but doesn't bar all recovery.

For property damage in an Oregon car accident, reimbursement typically comes from the at-fault driver's liability insurance, which covers up to at least $20,000 per crash for damage to others' property. If they lack sufficient coverage, use your own collision or uninsured/underinsured motorist property damage (UMPD) coverage if you have it. You can choose any repair shop, and if the vehicle is totaled, the insurer must provide a written notice explaining the valuation and your options to dispute it. File a claim promptly with the appropriate insurer, provide estimates (two if needed for state claims), and document damage with photos. Under Oregon's modified comparative negligence, your reimbursement may be reduced if you're partially at fault. If damage exceeds $2,500, report to DMV.

In Oregon, your medical bills after a car accident injury are typically paid first by Personal Injury Protection (PIP) coverage from the insurance policy of the vehicle you were in, regardless of fault, covering reasonable and necessary expenses up to at least $15,000 within two years of the accident. If PIP is exhausted or unavailable, your health insurance may cover remaining bills, followed by the at-fault driver's liability insurance or a personal injury claim against them. If on state assistance like Medicaid, the state may place a lien to recover costs from any settlement. Oregon is an at-fault state for liability, but PIP provides initial no-fault coverage.