The following is general legal information, provided as a public service by Oregon’s lawyers. The information is not intended to be legal advice regarding your particular problem. Note that changes may occur in this area of the law.
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.
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; 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. Remember, if there is an injured person and you leave before a police officer arrives, you may be charged with a "hit and run." In convicted of a "hit and run," your driving privileges may be suspended or revoked.
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;
doing so 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
registration (license plates) number, insurance information and
a brief description of what happened.
When should I contact the police?
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.
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.
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 may be suspended.
Make sure you keep a copy of your DMV accident report. Under Oregon law, the 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.
- 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.
- 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.
When should I contact my insurance company?
You or your lawyer should call or write your automobile insurance
company or agent as soon as possible. If possible, 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 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 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 insurance?
If you were in an accident that involved a driver without insurance,
you should report the collision to the 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 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.
You should have a general idea of what to do if involved in an accident, whether you are the driver, passenger or a witness. Actions taken (or not 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.
Legal Editor: Attorney Jason Posner, April 2008