What to Do After a Car Accident in Portland, Oregon

A simple, step-by-step guide for the moments and days after a crash from the people who have been protecting Oregon families since 1958.

If you are reading this right after an accident, take a breath. You are going to be okay, and you do not have to figure everything out at once.

This guide walks you through what to do, starting with the next few minutes, then the next few days.

First, the short version

If you only have a minute, here is what matters most:

1. Get to safety and check for injuries. Call 911 if anyone is hurt.
2. Call the police. If they cannot come, you still have to report the crash yourself.
3. Trade information and take photos of everything.
4. File a report with the Oregon DMV within 72 hours if anyone was injured or any vehicle or property damage is over $2,500. Missing this can suspend your license.
5. See a doctor, even if you feel fine. Some injuries hide for days.
6. Be careful with the insurance companies.  Avoid speaking with the other driver’s insurance company before speaking to an attorney.  

Now, here is each step in detail.

Step 1: Get to safety and check for injuries

Your health comes first, always. Before the car, the paperwork, or anything else.

• Check yourself and your passengers. If anyone is unconscious, bleeding, in serious pain, or acting confused, call 911 right away.
• Move to safety if you can. If your car still runs and it is safe to do so, pull over to the shoulder or out of traffic and turn on your hazard lights. On a freeway like I-5 or I-205, getting out of the travel lanes can prevent a second, worse crash.
• If it is not safe to move, stay put. Keep your seatbelt on, turn on your hazards, and wait for help.

Oregon law actually expects you to move your vehicle off the roadway after a crash if you are not injured and it is safe.

Step 2: Call the police, and know what to do if they don’t come

Calling the police creates an official record of the crash, which protects you later.

• Call 911 if anyone is injured, a car cannot be driven, traffic is blocked, or you think the other driver may be impaired.
• For a minor crash with no injuries, you can use the Portland Police non-emergency line at 503-823-3333.

In Portland, officers may not come to the scene of a minor crash. That is normal, but it does not mean you can skip reporting the accident.

If no police officer shows up, you still have a legal duty to report the crash to the Oregon DMV yourself (more on that in Step 4). So if you and the other driver simply exchanged information and drove off, you are not finished yet. Gather as much detail as you can at the scene, and file your DMV report within 72 hours.

Step 3: Trade information and document everything

The few minutes you spend gathering information at the scene can make an enormous difference later. If you are physically able, do this before you leave.

Get from the other driver:

• Full name and address
• Phone number
• Driver’s license number
• License plate number
• Insurance company and policy number
• Taking photos with your phone of their driver’s license, insurance card and and license plate with save you a lot of headaches later.  And, yes, they are required to exchange this information.

Take photos and video of:

• Beside the items listed above, damage to every vehicle involved
• The wider scene: the intersection, traffic signals, skid marks, debris, and where the cars ended up
• Road and weather conditions (rain, ice, poor lighting)
• Any visible injuries

Also helpful:

• Names and phone numbers of any witnesses
• The exact location (cross streets, nearby landmarks)
• Whether a TriMet bus, MAX train, cyclist, or e-scooter rider was involved. This matters for your claim (we explain why in the deadlines section below, Step 8)

Important: Be polite, but do not apologize or say the crash was your fault, even if you think it was. Fault in Oregon is more complicated than it feels in the moment, and an offhand “I’m so sorry” can be used against you later.  And it’s good to see if the other person is okay.  

Step 4: File your Oregon DMV report within 72 hours

This is the step people miss most often, and missing it can get your driving privileges suspended.

Oregon requires you, the driver, to file an Oregon Traffic Collision and Insurance Report (DMV Form 735-32) within 72 hours of the crash if any of these are true:

• Anyone was injured or killed (no matter how minor the injury)
• Damage to your vehicle is over $2,500
• Any vehicle was damaged over $2,500 and any vehicle was towed from the scene
• Damage to anyone’s property is over $2,500

Because even a modest fender-bender can easily top $2,500 in damage today, this rule applies to far more crashes than people expect.

Three things you need to know:

1. You must file even if the police already filed their own report, and even if the crash was not your fault.
2. If you do not file, Oregon law requires the DMV to suspend your driving privileges.
3. Make a copy before you submit it. By law, the DMV cannot give you a copy back later.

The easiest way to file is online through the Oregon DMV’s DMV2U system at dmv2u.oregon.gov. You can also mail, fax, or hand-deliver the paper form, which you can download from the Oregon DMV website.

Step 5: See a doctor, even if you feel fine

After a crash, your body floods with adrenaline. That adrenaline can hide pain for hours or even days, which is why so many people walk away feeling “fine” and wake up two days later barely able to turn their neck.

Common injuries that show up late include whiplash, concussions, and soft-tissue and back injuries. Getting checked early protects both your health and your claim.

Where should you go?

• Call 911 or go to the emergency room for head injuries, loss of consciousness, severe neck or back pain, numbness or weakness, trouble breathing, or confusion and vomiting. Portland is served by two Level 1 trauma centers, OHSU Hospital and Legacy Emanuel Medical Center, which handle the most serious injuries.
• Visit urgent care within a day if you are sore but stable, or have a minor injury that needs attention.
• Follow up with your doctor even for “minor” stiffness, and keep going to your appointments.

Keep a simple symptom journal. Note your pain each day, what makes it better or worse, and any sleep you lose. Save every bill and record. These details matter if you need to make a claim later.

Step 6: Understand your insurance and how “no-fault” really works in Oregon

You may have heard Oregon called a “no-fault” state. The reality is a little different, and the difference works in your favor.

Oregon is a fault-based state. That means the driver who caused the crash is responsible for the damages, and you have the right to pursue them for the full cost of your injuries.

At the same time, every Oregon auto policy must include Personal Injury Protection (PIP). This is the part people think of as “no-fault.” PIP pays your medical bills and some other costs no matter who caused the crash, so you don’t have to wait for fault to be sorted out before you get help.

So you get both: PIP helps you right away, and you can still hold the at-fault driver responsible for everything PIP does not cover.

What if you were partly at fault?

Many people assume they cannot recover anything if they were partly to blame. In Oregon, that is not true.

Oregon uses a rule called modified comparative negligence. In plain terms:

• If you were 50% or less at fault, you can still recover compensation.
• Your recovery is reduced by your share of the fault. (Example: if your damages are $100,000 but you were 20% at fault, you receive $80,000.)
• If you were 51% or more at fault, you cannot recover.

This is exactly why insurance companies try so hard to pin extra blame on you. Every percentage point they shift onto you lowers what they have to pay. It is also why what you say at the scene matters so much.

What if the other driver had no insurance or fled?

Not everyone follows the law. About one in seven Oregon drivers is uninsured. If the driver who hit you was uninsured, underinsured, or left the scene (a hit-and-run), your own policy is built for exactly this:

• Uninsured Motorist (UM) coverage pays for your injuries when the at-fault driver has no insurance.
• Underinsured Motorist (UIM) coverage fills the gap when the other driver’s policy is too small to cover your losses.
• PIP still helps with your immediate medical bills and lost wages, no matter who was at fault.

Oregon requires both UM and UIM, so if you have a standard Oregon policy, you already have them. These claims run through your own insurance company. Even your own insurer has a financial incentive to keep the payout low.

If the other driver fled, call the police and report the hit-and-run as soon as possible, and write down everything you can remember.  Your own insurance will cover your losses under both PIP and UM.

If you were uninsured yourself: Under Oregon’s “No Pay, No Play” law, a driver who was uninsured at the time of the crash is generally barred from recovering non-economic damages (like pain and suffering) even if the other driver was entirely at fault. You may still be able to recover economic damages such as medical bills and lost wages if you can show the other driver was at fault. There are exceptions, so it is worth talking to an attorney about your specific situation, e.g. you simply forgot to renew your insurance or it was canceled without you knowing.

Notify your own insurer promptly, but be careful what you say

Most policies require you to report a crash quickly, so call your own insurer soon, even if the other driver was at fault. Keep it brief and factual, and do not give a recorded statement to any insurance company, even your own, before talking to an attorney. Adjusters are trained to ask questions in ways that can quietly reduce what you are owed, and that starts on the very first call.

Step 7: Be careful with the insurance companies

This is where many good people unintentionally hurt their own case.

Insurance companies, even your own, are not on your side. Adjusters are trained, friendly, and very good at their jobs. And their job is to pay you as little as possible. They may call within a day or two, sound sympathetic, and offer a quick check to “wrap things up.”

Before you accept anything or give a recorded statement:

• Do not admit fault or guess about what happened.
• Do not accept a fast settlement. Once you do, you usually cannot reopen the claim, even if your injuries turn out to be far worse than they first seemed.
• Do not give a recorded statement to the other driver’s insurer without talking to an attorney first.
• Even a verbal acceptance can be binding on you no matter how unfair it actually is.

A quick settlement always favors the insurance company, not you.

Step 8: Know your Oregon deadlines (don’t lose your right to a claim)

Oregon law puts firm time limits on injury claims. Miss them, and you can lose your right to any compensation, no matter how strong your case is.

• Two years for injuries. In most cases, you have two years from the date of the crash to file a personal injury lawsuit in Oregon.
• Six years for property damage. Claims just for vehicle or property damage generally have a longer, six-year window.
• Only 180 days if a government vehicle was involved. If your crash involved a TriMet bus or MAX train, a city or county vehicle, or a dangerous road condition, you must file a special tort claim notice within 180 days. Wait too long and your claim can be barred even though the two-year deadline has not passed.

These deadlines come and go quickly, so talking with an attorney as soon as possible gives you the best chance for your claim.

Local resources for Portland crash victims

If a crash has left you or a loved one struggling physically, emotionally, or financially, these Portland-area resources can help. They are free or low-cost and are not affiliated with any law firm.

• Portland Police non-emergency line: 503-823-3333
• Trauma Intervention Program (TIP) Northwest: 503-940-7997 (free, 24/7 emotional and practical support at the scene and afterward)
• Multnomah County District Attorney’s Victims’ Assistance Program: 503-988-3222 (help navigating the system, plus access to Oregon’s Crime Victims’ Compensation program if a crash involved a crime like DUI)
• Families for Safe Streets Portland: peer support after a serious or fatal crash
• City of Portland / PBOT (to report a road hazard): dial 311

Common questions after a car accident in Portland

What is the first thing I should do after a car accident? Make sure everyone is safe and check for injuries. Call 911 if anyone is hurt, then move to a safe spot and turn on your hazard lights. Once you know everyone is okay, start gathering information and taking photos.

Do I have to call the police after a car accident in Portland? You should report any crash that involves an injury or significant damage. In Portland, officers often will not respond to minor crashes, but even then, you are still required to file your own report with the Oregon DMV within 72 hours.

How long do I have to report a car accident to the Oregon DMV? You have 72 hours to file the Oregon Traffic Collision and Insurance Report (Form 735-32) if anyone was injured, your vehicle damage is over $2,500, any vehicle was over $2,500 and towed, or other property damage is over $2,500. If you don’t file, the DMV is required to suspend your license.

Is Oregon a no-fault state? No. Oregon is a fault-based state, so the at-fault driver is responsible for your damages. The confusion comes from PIP coverage, which every Oregon policy includes and which pays your medical bills and some lost wages no matter who caused the crash. PIP is “no-fault,” but unlike a true no-fault state, your right to pursue the at-fault driver for everything else is not limited.

What if the other driver had no insurance or drove off? You may be covered through your own Uninsured/Underinsured Motorist (UM/UIM) coverage, which Oregon requires on every policy, and your PIP can help with immediate costs. Call the police and report a hit-and-run as soon as possible. Note that if you were uninsured at the time, Oregon’s “No Pay, No Play” law may limit you to economic damages (like medical bills) and bar pain-and-suffering compensation. An attorney can explain how this applies to you.

How long do I have to file an injury claim in Oregon? Generally two years from the date of the crash, but only 180 days if a government vehicle (like a TriMet bus) or a public road condition was involved. Because the deadline can be much shorter than you expect, talk to an attorney early.

You don’t have to face the insurance companies alone

Recovering from a car accident is hard enough without fighting an insurance company at the same time. You should be focused on healing. Not on paperwork, phone calls, and insufficient offers from insurance.

At SLP Injury Law, we have been protecting individuals and families since 1958. We represent accident victims only, never insurance companies. And as an Oregon firm, we know the local roads, courts, and the tactics insurers use to undervalue your claim. Our attorneys are nationally recognized in personal injury law, and we have recovered millions of dollars for people across Oregon, including here in the Portland area.

It costs nothing to talk with us. We work on a contingency fee basis – no win, no fee – which means you pay nothing unless we recover compensation for you.

Call SLP Injury Law at (503) 581-2421 for a free, no-obligation consultation. Let us handle the insurance companies so you can focus on getting better.

This article is for general information and is not legal advice. Every case is different. For advice about your specific situation, please speak with a qualified Oregon personal injury attorney.