Filing a personal injury claim in Oregon follows a predictable path, but missing a step early can cost you thousands later.
Step 1: Get Medical Care and Document Everything
Your health comes first, and your medical records become the backbone of your claim. See a provider the same day when possible — gaps in treatment are the single most common reason Oregon insurers discount injury claims. Keep every bill, discharge instruction, and referral.
Step 2: Report and Preserve Evidence
Report car crashes to law enforcement; Oregon requires a DMV Accident Report (Form 735-32) within 72 hours when damage exceeds $2,500, anyone is injured, or a vehicle is towed. Photograph the scene, vehicles, hazards, and your injuries. Collect names and insurance details for everyone involved.
Step 3: Understand the Deadlines
The clock matters. Oregon's statute of limitations is generally two years from the date of injury under ORS 12.110. If a city, county, or state agency may be responsible, you have only 180 days to file a formal tort claim notice against a public body under the Oregon Tort Claims Act (ORS 30.275) — far shorter than most people expect.
Step 4: Open the Insurance Claim
Notify the at-fault party's insurer and your own. Remember that Oregon requires Personal Injury Protection (PIP) on every auto policy — a minimum of $15,000 in medical benefits that pays regardless of fault under ORS 742.524 — so your own policy often pays your initial medical bills regardless of who caused the crash. Avoid giving a recorded statement before you understand your rights.
Step 5: Value, Negotiate, and Settle
Once you reach maximum medical improvement, your attorney totals your economic and non-economic damages, accounts for Oregon's modified comparative negligence rule (ORS 31.600) lets you recover damages as long as you are not more than 50% at fault, and negotiates. If the insurer won't pay fairly, a lawsuit preserves your rights before the deadline runs.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Oregon attorney.