Imagine you are driving home from work or running errands on I-5 or US-26 in Portland when you are suddenly involved in a car accident. Although the scene may feel chaotic, decisions made within an hour of the collision can significantly impact your health and well-being and your legal ability to file a claim.
Having a skilled personal injury attorney on your side is the most effective way to deal with the insurance company so you can focus on your recovery. Contact our law firm today to schedule a free, no-obligation consultation with a Portland car accident attorney to discuss your legal needs.
Why the First Minutes After a Portland Car Accident Matter Most
Oregon is well known for its congested corridors, high-traffic intersections, and frequent rain, all of which can contribute to auto accidents. Oregon follows a modified comparative negligence doctrine, meaning that if you are found to have contributed to the accident, any compensation you receive can be reduced by your percentage of fault.
Insurance companies often argue that the victim is responsible or shares liability for the accident to minimize or deny claims. To ensure that you do not inadvertently jeopardize your case, you must follow several critical steps while still at the accident scene.
Step 1: Check for Injuries and Call 911
After you have been involved in a car crash, your first step should be to check yourself and others for injuries and contact 911 to report the accident. An official police report can serve as strong supporting evidence should you choose to pursue compensation.
Oregon law requires individuals involved in a traffic accident to report incidents involving property damage exceeding $2,500 or injury or death.
Even if you do not think you are injured or have only sustained what you believe to be minor cuts and scrapes, adrenaline can mask symptoms. Internal injuries do not always immediately manifest themselves.
Step 2: Move to Safety and Secure the Scene
State law requires that all drivers involved in the accident remain at the accident scene. Move all vehicles to the side of the road to avoid obstructing traffic. Portland is well known for its low visibility due to dense fog and periods of recurring rain. To ensure safety and prevent another accident, use safety precautions such as hazard lights or flares.
Step 3: Exchange Information and Gather Evidence to Protect Your Claim
In the confusion that follows an auto accident, it can be easy to forget key steps that you must follow so that you can file a compensation claim. These steps include:
- Exchange contact information, including names, driver’s license and insurance information, and license plate numbers.
- Thoroughly document the accident scene by taking numerous photos and videos of damage to all vehicles involved, skid marks, and lighting and road conditions.
- Take note of mile markers, cross streets, or landmarks that will verify the accuracy of your report.
- Obtain the names and contact information of any bystanders who witnessed the accident.
- Do not apologize or admit fault, as anything you say at the accident scene can be used against you by the insurer.
Step 4: Seek Medical Attention Within 72 Hours
Seeking medical attention is another essential step you must take to preserve your ability to recover damages. Oregon PIP provides up to $15,000 for medical bills, lost wages, and other services regardless of who is at fault for the accident. Insurers often view failing to seek medical attention as a red flag and use it to deny claims.
Step 5: Report the Accident to the Oregon DMV and Your Insurer
Per state law, the Oregon DMV requires drivers to file a crash report within 72 hours if the accident involves injury, death, or damage exceeding $2,500. An Oregon Traffic Accident and Insurance Report (Form 735-32) is separate from the police report and is filed with the DMV.
You must also notify your insurance provider that you have been involved in a car accident. Generally, the Oregon Statute of Limitations only allows you up to two years to file a personal injury claim. You should also never agree to provide a recorded statement without having your attorney present. Insurance companies have the legal right to use your statement against you to try to reduce or deny payouts.
Step 6: Protect Your Legal Rights from Day One
After you have reported the accident to the Oregon DMV and your insurer, there are other actions you must take that safeguard your rights as your claim makes its way through the legal system, including:
- Do not sign paperwork from the other driver’s insurer without legal advice.
- Preserve all evidence, including waiting to get your car repaired and all medical reports and records related to your condition.
- Keep an accurate log of your out-of-pocket expenses and a journal noting how the accident impacts your daily life.
When Should You Contact a Portland Personal Injury Lawyer?
No one ever plans to be injured in a car accident caused by another person’s negligence. Yet, here in Portland and Multnomah County, accidents occur every day on I-5 and Brooklake Road or along Lancaster Drive NE.
Contrary to what they portray in advertising, Insurance companies are committed to protecting their profitability. If the insurer is trying to lowball, deny, or dispute fault, or you have suffered severe or catastrophic injuries, the best option is to hire a personal injury attorney immediately.
Tillman Law is a personal injury law firm dedicated to helping car accident victims recover maximum compensation for damages. For your convenience, our personal injury lawyers work on a contingency fee basis, meaning you pay no up-front costs.
Contact our Portland, Oregon, law firm today at (855) 503-5035 to schedule a free consultation and get started on your case.
