Oregon's PIP system and crash-reporting rules make its car accident claims different from most states.
Immediately After the Crash
Move to safety, call 911 if anyone is hurt, and exchange information. Photograph vehicle positions before they are moved if it is safe to do so.
File Your DMV Report
Oregon law requires drivers to file an Oregon Traffic Accident and Insurance Report with the DMV within 72 hours when injury, death, damage over $2,500 to any vehicle, or any vehicle being towed is involved — regardless of whether police responded.
Use Your PIP Benefits
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. PIP covers reasonable medical expenses and a portion of lost wages for up to one year, no matter who caused the crash, so use it promptly to keep bills out of collections.
Establishing Fault
Oregon is an at-fault state. Oregon's modified comparative negligence rule (ORS 31.600) lets you recover damages as long as you are not more than 50% at fault; your award is reduced by your percentage of fault, and at 51% or more you recover nothing. The at-fault driver's liability insurance pays for damages beyond your PIP, including pain and suffering.
Have questions about your own situation? Get a free, confidential case review — you pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Oregon attorney.