This pamphlet was produced and distributed by the Oregon State Bar courtesy of Oregon's lawyers. It is based on Oregon law and is issued to inform, not to advise. It is not intended to apply to any specific situation.
What should I do if I’m involved in an accident?
Stop immediately. At
the scene of the accident, stop as soon as you can without endangering
other traffic. If you do not stop, you face a “hit and run”
traffic crime. If convicted of a “hit and run,” your driving
privileges may be suspended or revoked.
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 your name, address, registration number of your vehicle, name of your insurance company and the names and addresses of other people in your vehicle. If you fail to provide the necessary information, you may be charged with a crime. If there is an injured person and you leave before a police officer arrives you may be charged with a “hit and run”.
What if there are injuries?
Get help
for the injured. Make note of the location and call the nearest
police agency. If someone is seriously injured, call a doctor or an
ambulance. Do not move the injured unless necessary; it may add to
the injuries. Keep the injured person warm until help arrives.
Warn passing
traffic. Make every effort to prevent further accidents. 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.
If you think you have been injured in any way, see a doctor as soon as possible. Serious injuries are not always immediately apparent.
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 with your name,
address, driver’s license number, vehicle license number, insurance
information and a brief description of what happened.
When should I contact
the police?
Police officers
are trained to handle any situation 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.
If the accident results in injury to any person or in property damage likely to exceed $1,500, call the police. When the police officer arrives cooperate by supplying your name, address, driver’s license, vehicle registration and proof of insurance.
You are under no obligation to give a statement about the accident to the police or anyone else. Nevertheless, a brief description of the accident 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. In case of a death, injury or serious property damage, you should consult a lawyer as soon as possible.
Do I need to file an accident
report?
If the accident resulted in injury or death, or damage to the property
of any one person in excess of $1,500, you must file an official accident
report with the State of Oregon within 72 hours. The report must be
made on forms that can be obtained from state or city police, a county
sheriff's office, a Department of Motor Vehicles (DMV) office or
the DMV website. If you have a lawyer, or plan to employ one, have him
or her examine your report before you file it.
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 will be suspended.
Make sure you keep a copy of your accident report. Under Oregon law, DMV cannot provide you a copy of your Oregon Traffic Accident and Insurance Report. If you wish to have a complete copy of your report, you will need to make a copy (front and back) for yourself.
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 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
When should I contact
my insurance company?
You or your lawyer
should call or write your insurance company or agent as soon as possible.
If you call first, follow up with an immediate written notice sent
by certified mail. Keep a copy of the notice. If you fail to give
notice within the amount of time specified in your policy, you may
lose your insurance benefits.
Do not make or accept payments or sign a 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 injuries. If you do not fully understand the consequences, you should consult your lawyer.
What if I don’t have
insurance?
Oregon is a mandatory
insurance state. You must have the minimum 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 fines, driving privilege suspension and perhaps towing fees. 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 insurance?
If you were in an accident that involved a driver without insurance,
you should report the collision to DMV even if the accident caused damages
under $1,500.
What if I am issued an
accident-related traffic citation?
If you receive
a citation, consult your lawyer. It may affect your responsibility
to other persons for money damages, as well as being a traffic offense.
Also, it may affect your insurance coverage and premiums.
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 your situation and come to a decision about challenging the citation or not.
If you decide to 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.
Every person should have a general idea of what to do if involved in an accident whether you are a driver, passenger or a witness. Action taken immediately following an accident may have serious consequences. Failure to comply with certain requirements may constitute a crime, subjecting you to possible fines and imprisonment.