How To File a Personal Injury Claim After a Car Accident in Oregon

Posted on July 2, 2024 by lvnvlawyer

If you were involved in a car accident that wasn’t your fault, you may have the right to compensation for your medical expenses, lost wages, car repairs, and pain and suffering. Because Oregon is an at-fault accident for car accidents, the party found at fault for the accident is responsible for paying for the accident victim’s damages. 

To get this compensation, it may be necessary to file a personal injury claim. This process may involve the following steps:

Reporting the Accident 

Any time you are involved in a car accident, you should immediately report it. A police officer can respond to the scene of the crash, take your statement and the other driver’s statement, and investigate the crash. They record this information on a report, which the insurance company will likely request when you make your claim.

Oregon law requires you to report any crash to the DMV if you are involved in an accident resulting in property damage of $2,500 or more, injury, or death, even if law enforcement completed a report. You must complete a written report within 72 hours of any such accident. 

Seeking Medical Attention 

If you notice injuries at the time of the accident, you should request an ambulance. But even if you don’t immediately notice injuries, you may have still been injured but your symptoms may be delayed. Seek medical attention promptly after an accident. Keep all of your medical records and bills to link the accident and your injuries. 

Notifying the Insurance Company

You will need to notify the at-fault party’s liability insurance provider to get the claims process started. It is important to tread lightly with this process because insurance companies want to minimize their own liability. They may try to ask you to give a recorded statement, sign medical release forms, or take other actions that could harm your case. Refuse to do so.

You may also be required by the terms of your insurance contract to notify your own insurance company after an accident. 

Negotiating for Compensation 

You may have suffered considerable losses in the accident for which you deserve compensation, such as:

  • Emergency medical treatment, including ambulance rides, emergency room treatment, hospital stays, and diagnostic testing
  • Ongoing medical expenses and future anticipated medical expenses
  • Lost wages
  • Reduced earning capacity
  • Costs to repair or replace your vehicle
  • Out-of-pocket expenses
  • Disabilities and impairments
  • Pain and suffering  

You inform the insurance company of the extent of their damages and demand that they fairly pay you for them. 

Filing a Lawsuit 

If the insurance company denies your claim or refuses to make a fair settlement offer, you can file a lawsuit against the at-fault driver. You will need to file the paperwork, including a complaint and summons, pay the filing fee, and submit it to the clerk. You will be responsible for ensuring the defendant is properly served with the paperwork.

After the defendant is served with the papers, they will have 30 days to respond with an answer. 


The plaintiff and defendant have the right to make requests of the other party through the discovery process. This allows them to narrow the contested issues involved in the case, obtain evidence to use in the case, and prepare defenses to the other side’s arguments.


If the case has not settled or been dismissed, it proceeds to trial. Each party presents evidence and witnesses. A judge or jury issues a verdict at the end of the trial. 

Contacting a Car Accident Lawyer for a Free Consultation 

If you were injured in a car accident caused by someone else’s negligence, one of the first steps to take is to get a free consultation with an attorney. If you choose to hire them, they can handle your case from start to finish while you focus on your health.