Injury Lawyer Blog

I was injured a car crash that was not my fault. What do I need to do?

To Do List After a Car Crash

1. Get the name, address and contact information of the at-fault driver.
2. File a crash report with the Oregon Department of Motor Vehicles.
3. Get the insurance information for the at-fault driver’s vehicle. Insurance follows the car. If a car is being lawfully operated on a public highway in Oregon, the law requires that it be covered under a policy of liability insurance. Get the name and phone number of the insurance agent for the company that covers the vehicle. This information is typically on the insurance card that most drivers carry with their registration.
4. Time is of the essence. You have two years to file a claim. If you were injured in a car crash , you should know that you have two years from the date of the crash  to file a lawsuit against the driver that caused the crash , or your claim is barred. If you are treating for serious injuries, two years can pass quickly.
5. Was the car you were driving, or a passenger in, covered by liability insurance? Unfortunately, people often drive cars that are not covered by liability insurance, even though that is against the law. If you were injured in a car crash  and the vehicle you were in was not covered by liability insurance, you may be limited in the damages you can recover. Specifically, in Oregon if you are in a car crash  and the vehicle you were in was not covered by liability insurance, you cannot recover damages for your non-economic damages, such as pain, suffering and disability.  
6. Get the at-fault driver’s insurance information. If you cannot get that, get the contact information for the other driver. Failing that, get the license plate number of the at-fault driver.
7. If it was a hit and run, you can make a claim against your own policy which in Oregon is required to have uninsured motorist coverage for this very reason.
8. Expect to be called by an insurance company very soon. You will be asked to give a recorded statement that may be used against you later on. To protect your rights, be sure to contact an attorney of your choosing before you start making statements to any insurance company.
9. Expect the at-fault driver’s insurance company to try to settle the claim with you quickly, especially if there was minimal damage to the vehicle you were in.

Hire an Injury Lawyer Today

Give me a call at 971-727-9226 to discuss your case. I serve the Fairview, Gresham, Troutdale and the Greater Portland area including Beaverton, Gresham, Hillsboro, Milwaukie, Lake Oswego, Oregon City, Fairview, Wood Village, Troutdale, Tualatin, Tigard and West Linn . I provide free consultation and I do not get paid unless you win. Most consultations are conveniently available remotely, or you may come see me at my office in Historic Troutdale. I work hard to maximize all the benefits you are entitled to.

I’ve been injured in a car crash, what should I be aware of going forward?

What to Expect after a Car Accident Injury

If you were injured in a car crash  that was not your fault, and you make a claim, your can expect the following:

1. Your medical history will be an open book
2. Your social media accounts will be subject to inspection
3. You will have to invest time and money to pursue your claim
4. You will need competent and aggressive representation

What Gets Investigated After a Car Accident Injury

Let me break the previous list in more detail.

1. MEDICAL HISTORY: If you suffered an injury to your body, your medical history prior to the injury may be investigated. If you had a history of back pain and related treatment, that history and treatment will be fair game for investigation to determine whether and how much your pre-exiting condition was impacted or contributed to the injuries you claim were caused by the crash  that is the subject  of your lawsuit. In some cases, this can go back decades prior to the date of the injury caused by the crash  you were in. There is an old saying in the law that, “the defendant must take the plaintiff as he finds him/her,” meaning the jury must compensate you for your injuries even if an ordinary person would not have been susceptible to the same injury. Think of the difference between a frail elderly person versus a NFL linebacker being involved in a crash . The fact that the elderly person is more susceptible to a serious injury than an NFL linebacker actually does not factor into whether you are entitled to fair compensation for your injuries.
2. SOCIAL MEDIA: If you are an avid user of social media, such Facebook, Meta, Instagram, etc., your postings on any social network website may be fair game for discovery by opposing counsel. A good rule of thumb to avoid complicating your claim is not to post anything about your crash  or your injuries on social media.
3. COST OF TIME: A lawsuit requires your attention. Although the bulk of the work is done by your attorney, he or she will need your input each step of the way. You should expect to assist your attorney each step of the way in preparing your case and getting it ready for settlement or trial. Your attorney is there to guide you and maximize your recovery. Listen to your attorney.
4. LEGAL REPRESENTATION: Insurance companies have a lot of money. They have lots of money because when it comes to fair compensation in a personal injury claim against one of their insureds, they try to minimized the monetary damages they have to pay. Some companies are notorious for cutthroat tactics to this end. This is understandable when you consider the fact that insurance companies are for-profit business that answer to their shareholders. The do not exist as tax-deductible charity organizations. For this reason, you need able and aggressive representation by an experienced attorney. Some folks are put off by the aggressive pursuit of money damages by plaintiff’s lawyers for their clients. They think personal injury lawyers are greedy, shifty and unethical; that lawsuits are somehow distasteful and undignified, that we should all just get along. These ideas are quaint but counterproductive when it comes to fair compensation you deserve for your injures. One does not bring a water pistol to a nuclear war.

Hire an Injury Lawyer Today

Give me a call at 971-727-9226 to discuss your case. I serve the Fairview, Gresham, Troutdale and the Greater Portland area including Beaverton, Gresham, Hillsboro, Milwaukie, Lake Oswego, Oregon City, Fairview, Wood Village, Troutdale, Tualatin, Tigard and West Linn . I provide free consultation and I do not get paid unless you win. Most consultations are conveniently available remotely, or you may come see me at my office in Historic Troutdale. I work hard to maximize all the benefits you are entitled to.