If you’ve just been in a car accident that wasn’t your fault, it’s natural to feel shaken, confused, and overwhelmed. But the steps you take in the minutes, hours, and days following the crash can significantly impact your health, legal options, and financial recovery. This guide, based on real-world legal insight and best practices from our law firm in Portland, walks you through exactly what to do after a car accident that wasn’t your fault.
1. Prioritize Safety First
Your first priority after a crash is to check for injuries, both yours and others’. If anyone is hurt, call 911 immediately. Move to a safe area if you can do so without worsening injuries. Even if the damage appears minor, staying at the scene until it’s safe and legal to leave is critical.
2. Call the Police and File an Accident Report
Always contact law enforcement. In Oregon, you’re required to report an accident if it results in injury, death, or significant property damage. The police report creates an official record of the incident and may later serve as crucial evidence if fault is disputed or you pursue compensation. You can learn more about reporting requirements through your DMV Accident Reporting Guide (Oregon’s linked here).
3. Gather Evidence at the Scene
Collect as much information as possible. This includes:
- Photos of vehicle damage, road conditions, and traffic signs
- Names, phone numbers, and insurance information of all drivers involved
- Contact info for eyewitnesses
- Police officer’s name and badge number
Visual documentation strengthens your claim and may prevent the other driver’s insurance from denying liability.
4. Seek Medical Attention
Even if you feel fine, you should still get evaluated by a doctor. Some injuries (like whiplash, concussions, or soft-tissue injuries) may not show symptoms right away. Medical documentation also helps link your injuries directly to the accident.
5. Notify Your Insurance Company
Let your insurer know about the accident, even if you weren’t at fault. They’ll want the police report and any documentation you gathered. Cooperate, but avoid giving recorded statements until you’ve spoken with a lawyer. If you’re working with an experienced car accident attorney, they can help you avoid common pitfalls when dealing with insurers.
6. Be Careful What You Say
Never admit fault at the scene. Be truthful, but keep your statements factual and simple. Apologizing or speculating about what happened could be used against you later. Let the investigation determine who is responsible.
7. File a Traffic Accident and Insurance Report
In Oregon, you must file this report with the DMV within 72 hours if certain conditions are met, including more than $2,500 in damages. Each state has it’s own stipulations. It’s a separate process from the police report, and failing to file can result in license suspension.
8. Don’t Settle Too Quickly
The other driver’s insurance company may offer you a quick settlement. But initial offers are often low and may not cover the full extent of your losses, especially if future medical care is needed. Consulting with a reputable car accident law firm ensures you’re not leaving money on the table.
9. Know What You’re Entitled To
Being hit by a negligent driver shouldn’t leave you financially and emotionally burdened. Depending on your case, you may be entitled to compensation for:
- Emergency and ongoing medical treatment
- Lost income or reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
Your attorney can help calculate the value of your claim and negotiate with insurers or pursue litigation when necessary.
10. Use Caution with Social Media
Anything you post can be used as evidence against you. Insurance companies often review social media to find reasons to deny claims. Avoid discussing the accident or your injuries online until your case is resolved.
11. Why Legal Support Makes the Difference
Handling the aftermath of a car accident on your own can be overwhelming. Dawson Law Group stands out not just for results, but for our commitment to personalized service. We’re known for getting strong outcomes while guiding clients with care and compassion, making us one of Portland’s most trusted law firms.
Summary
Getting hit in an accident that wasn’t your fault is frustrating, but it doesn’t have to define your future. By taking the right steps and partnering with the right legal team, you can protect your health, finances, and peace of mind. Don’t go through it alone; help is just a call away.
About the Lawyer: Bryan Dawson is the principal attorney at Dawson Law Group with nearly 30 years of courtroom experience. He’s tried over 100 cases and earned recognition as an AV-Rated Super Lawyer for his skill and integrity.