It is important to realize that changes may
occur in this area of law. This information is
not intended to be legal advice regarding
your particular problem, and it is not
intended to replace the work of an attorney.
Everyone should have a general idea of what to
do if involved in an accident — either as a driver,
a passenger or as a witness. Action taken
immediately following an accident may have
serious consequences, and failure to comply with
certain legal requirements may constitute a
crime, subjecting the violator to possible fines and
imprisonment. By keeping a cool head and
remembering a few basic rules, you can avoid
future complications.
No one can predict when an accident might
occur, so it's important to plan ahead. Always
carry your insurance card, drivers license and
vehicle registration form. The scene of an
accident or a traffic stop can be very stressful and
chaotic, so keep these documents readily
accessible. It's wise to check them on a regular
basis to make sure nothing has expired.
What should I do if I'm involved in an
accident?
If you are involved in an accident, here are some
helpful suggestions of what to do:
Stop immediately. At the scene of the accident,
stop as soon as you can without endangering
others or obstructing traffic.
Remain at the scene of the accident. Unless
injuries force you to do otherwise, do not leave
the scene of the accident until you have given
the other driver all of the following: your name
and address; your vehicle registration number;
the name of your insurance company; the names
and addresses of other people in your vehicle;
and, if not already given, the name of the owner
of the vehicle you were driving. If you know that
someone has notified the police, stay until the
police arrive.
Assist the injured if you are able. If you suspect
anyone is seriously injured, call a doctor or an
ambulance. Do not move the injured unless
necessary; avoid adding to the injuries. Keep the
injured person warm and stay with him or her
until help arrives.
Warn passing traffic. If possible, have someone
stationed to warn approaching vehicles. Protect
the injured from oncoming traffic. Place flares or
other signals on the highway to warn oncoming
cars that there has been an accident.
Get the name, addresses and telephone numbers
of any witnesses. Sometimes one of the witnesses
or a bystander can help get this information.
Attempt to obtain a short summary of what each
person saw. If possible, take notes.
Additional Obligations. If the accident results in
property damage in excess of $1500, you should
also call the police and remain on the scene. In
either case, when the police arrive, cooperate by
supplying your name, address and license and
insurance information.
Police officers are trained to handle the situations
that may arise after an accident occurs. If you are
involved in an accident, even though not
physically injured, you may suffer from shock.
Your emotions may make it difficult for you to
think clearly at the time. A police officer can help
sort out the details of what happened.
Do not leave the scene of the accident until you
have done everything required. Otherwise, you
may be charged with a crime called Failing to
Perform Duties of a Driver, known informally as a
"hit and run." If convicted of a so-called hit and
run, your driving privileges may be suspended or
revoked. Conviction can mean jail, fines and
license suspension, as well as a felony or
misdemeanor conviction on your record and your
driving record.
Obviously, it's best to stick around and perform all
the duties required of a driver.
What if I hit a parked car with no one
inside?
If you damage an unattended vehicle or other
property, you must try to locate the owner. If you
cannot find the owner, leave a note in a
conspicuous place on the vehicle or property with
your name, address, driver's license number,
vehicle registration (license plates) number,
insurance information and a brief description of
what happened.
What if I am injured?
If you are seriously injured, seek medical attention
right away, or at least as soon as possible.
Significant and even severe injuries are not
always apparent immediately. If you have auto
insurance, your personal injury protection
benefits ("PIP benefits") should begin covering
your medical expenses immediately.
If you need medical treatment after the collision,
choose a medical provider whom you trust. Follow
that provider's advice. Once you establish care,
you should come to have a good understanding
of your diagnosis, your provider's expectations
and your prognosis. If you and your medical
provider are not working together, not
communicating well and/or not cooperating,
consider choosing a provider with whom you will
have a better relationship. The important thing is
to get you healing in a timely and effective
manner.
Do I need to give any additional statements
at the accident scene?
You are under no obligation to give a statement
about what happened in the accident to the
police or anyone else. Nevertheless, a brief
description of the collision will help the police in
their investigation. The law does not require you
to admit any blame or guilt, and you should not
do so at the scene of the accident. Although you
may think you were at fault, you may learn later
that you were not at fault. The scene of an
accident is no place for comment. An evaluation
can occur later when you have all the facts and
emotions are calm. At the scene of the accident,
keep your notes and information strictly to
yourself. In case of a death, serious injury or
property damage, it is recommended that you
consult a lawyer as soon as possible.
What else do I do after the collision?
As soon as possible after the accident, make your
own written notes on all significant facts. Your
notes should be as specific as possible because
memories fade quickly. Make a diagram showing
the positions of the vehicles before, at the time of,
and after the accident. Step off or measure the
exact distance of skid marks and other important
distances, and write them down. Make certain
that at a later date you can locate the points on
the road where the vehicles collided and where
they came to a stop. Include such details as the
time, condition of the road, weather and amount
of traffic. If you have a camera at the scene, take
pictures to preserve skid marks, positions of the
vehicles, and any other physical evidence that will
soon disappear after the accident.
Again, if you think you have been injured in any
way, see a doctor as soon as possible. Serious and
costly injuries are not always immediately
apparent.
If you have an attorney, ask him or her to call or
write your insurance company or agent as soon
as possible to notify them of the accident. If you
don't have an attorney, be sure to do this yourself
without delay. Obtain the name of your claims
adjuster, your adjuster's address and phone
number and your claim number. This information
may be very important later. If your original
notice is given orally, follow up with an immediate
written notice, send it by certified mail and keep
a copy of the notice. This is important, because if
you fail to give notice within the amount of time
specified in your policy, you may lose your
insurance benefits.
Do I need to file an accident report?
Oregon law requires that the driver of any vehicle
involved in an accident resulting in injury or
death, damage to the property of any one person
in excess of $1500, or the towing of any vehicle,
must file an official accident report with the state
within 72 hours after the accident. The report
must be made on forms that you can obtain from
state or city police, county sheriffs' offices or
Department of Motor Vehicle offices, or the DMV
website at www.odot.state.or.us/forms/
dmv/32.pdf/. You must file an accident report and
return it to a DMV office even if a police officer
files a report. If you do not report an accident
when required to do so, your driving privileges
may be suspended.
To accurately complete the accident report, you
will need the following information:
The location, time and date of the accident.
The nature and extent of damages and injuries.
The name, address, driver's license number,
vehicle registration number and insurance
information of any other drivers involved.
The names, addresses and telephone numbers
of any witnesses.
A short summary of what the witnesses saw.
Your own written notes on all significant facts.
Your notes should be as specific as possible
because memories fade quickly. Make a diagram
showing the positions of the vehicles before, at
the time of, and after the accident. Step off or
measure the exact distance of skid marks and
other important distances and write them down.
Make certain that, at a later date, you can locate
the points on the road where the vehicles
collided and where they came to a stop.
Details about the time, condition of the road,
weather and amount of traffic. If you have a
camera at the scene, take pictures to preserve
skid marks, positions of the vehicles and other
physical evidence that will disappear after the
accident.
Be sure to keep a copy (front and back) of this
report for your future reference.
If you have a lawyer, or plan to employ one, have
him or her examine your report before you file it.
It is very important that you file this report with
the DMV. If you don't, the DMV will suspend your
license.
Sometimes the other driver will offer to pay you or
fix your damages if you agree to not report the
accident, particularly if he or she has no
insurance or license. But even if the offer is well
intentioned, it is a violation of Oregon law to fail to
report a "reportable" accident to DMV. Check with
the DMV if you are unsure what to do.
What if I receive a citation?
If you receive a citation, you should consult a
lawyer as soon as possible. It may affect your
responsibility to other people for money damages,
as well as being a traffic offense. Also, it may
affect your insurance coverage and premiums or
your license to drive.
You can challenge an accident-related traffic
citation, but you should be sure this is the right
thing to do in your situation. You should first
consider your chances of success if you do
contest the citation, the amount it will cost you to
contest it, and whether or not you could lose your
driving privileges. Your lawyer can help you
assess the situation and come to a decision about
whether to challenge the citation.
If you contest the citation, you are entitled to a
trial. If the case is to be resolved in municipal
court, a judge will decide the matter. If the case
is to be resolved in circuit court, a judge will also
resolve it, unless you immediately request a jury
and pay the required fee.
Accepting an insurance payment
Do not make or accept payments or sign a release
or statement until after you have carefully
considered the situation. Beware of hasty action
in settling a claim or in admitting any blame.
Delay making or accepting payments or signing
any release or statement until after you have
carefully considered the situation. You may not be
able to change your mind later even if you
discover new facts about the accident or any new
injuries. If you do not fully understand the
consequences, you should consult a lawyer.
A representative from the insurance company of
the person you hit, or who hit you, may call
seeking a recorded conversation about the
collision. You should carefully consider your
comfort level about speaking to someone whom
you don't know about a potentially traumatic
event.
What if I don't have insurance?
Oregon is a mandatory insurance state. You must
have the minimum auto insurance coverage in
order to be a legal driver. Oregon law also
requires that you carry proof of your insurance in
your vehicle.
Driving without the minimum insurance coverage
could result in a conviction and fines, driving
privilege suspension and perhaps towing fees. If
you are not insured and are involved in an
accident that is not your fault, you may lose
certain civil rights against the other driver. If you
are not insured and are involved in an accident,
your driving privileges will be suspended for one
year. At the end of the suspension, you may have
your driving privileges reinstated if you can file
proof of financial responsibility for the next three
years. If you cannot do this, you will remain
suspended.
What if the other party does not have auto
insurance?
If you were in an accident that involved a driver
without insurance, you should report the collision
to the police and DMV, even if the accident
caused damages under $1,500. If injured, you
are still eligible for your own auto insurance
personal injury protection benefits.
THANK YOU
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